Child Support
The Texas legislature has created child support guidelines.
The most significant aspect of these guidelines is that they are applicable in almost every case and are considered to be in the best interest of the children.
Amount of Child Support:
The amount of child support to be paid depends upon the number of children born during the marriage, the number of other children a parent has been ordered to pay child support and the net resources available to the parent paying child support.
Example:
If there is one child born during the marriage and the parent being ordered to pay child support doesn't have any other minor children that the parent is paying child support for, then 20% of the parent's net resources will be the amount of child support that party will pay. Using this example, if there are 2 children of the marriage, then 25% of net resources will be the amount of child support to be paid.
If 3 children, then 30% percent to a maximum of 5 children at 40% of net resources. If there are more than 5 children of the marriage, then 40% is the minimum that will be paid.
Net Resources has a specific definition in the Texas Family Code and is generally gross monthly pay minus social security taxes and federal income tax based on the tax rate for a single person claiming one personal exemption and the standard deduction and expenses for health insurance coverage for the obligor's child.
Example:
If the parents had 2 children during the marriage and the parent obligated to pay child support earns a gross salary of $4000 per month plus spends $200 per month for medical insurance for the children only, then the amount of child support would be approximately $744 per month.
If the parent paying child support has net resources more than $6000 per month, then the maximum amount of child support using our example would be 25% of $6000 or $1500 per month. The maximum amount is being increased to $7500 on September 1st, 2007.
NOTE that even if a parent fails to pay child support, that parent may still exercise visitation of the children in most circumstances. If a parent is not paying child support as ordered by a Court, then there are other remedies at law for enforcement of a child support obligation.
Child Support is normally withheld from the parent's paycheck, sent to the child support disbursement unit in San Antonio, Texas and then may be deposited directly into the receiving parent's checking account.