Texas Child Support Center
 Child
Support is about sharing the costs of raising a child. The
Texas
Family Code tells the courts how much child support should be
paid per child. Please take a moment to fill out the form
we've created for you to share what's going on and tell us why you
need legal representation. At
Len Conner & Associates, we're here to help you. Our firm
is dedicated Exclusively to Family Law Litigation and
Mediation.
Child Support Guidelines
The Texas State Child Support Guidelines apply to the first $7,500
per month that the person owing child support makes. If you make
over $7,500.00 per month, the court only considers your first $7,500
of net resources in determining the child support according to the
guidelines. Beyond that, the judge can order more child support if
appropriate, considering both parents' incomes as well as the proven
needs of the child. If a parent is requesting more child support
than the guidelines specify, that parent needs to show proof of
income and other evidence proving that the child requires additional
support. The following table illustrates the percentage child
support guidelines as set forth in the Family Code.
|
Number of
Children Before the Court.
Children of the Marriage. |
|
Number of
Children
Not Before
the Court.
Child by
Another
Marriage |
0 |
1 |
2 |
3 |
4 |
5 |
6 |
|
0 |
20 |
25 |
30 |
35 |
40 |
40 |
|
1 |
17.50 |
22.50 |
27.38 |
32.20 |
37.33 |
37.71 |
|
2 |
16.00 |
20.63 |
25.20 |
30.33 |
35.43 |
36.00 |
|
3 |
14.75 |
19.00 |
24.00 |
29.00 |
34.00 |
34.67 |
|
4 |
13.60 |
18.33 |
23.14 |
28.00 |
32.89 |
33.60 |
|
5 |
13.33 |
17.86 |
22.50 |
27.22 |
32.00 |
32.73 |
|
6 |
13.14 |
17.50 |
22.00 |
26.60 |
31.27 |
32.00 |
|
|
The top row
across represents the number of children which are before the Court. The
left-most row addresses children who are not before the Court but are a
child(ren) of a previous relationship that the obligor has a duty to
support. In order to use the table effectively, assume one child of the
marriage and no children from a previous relationship as to either
party. In this example, guideline support is 20% of net resources as to
the obligor (person paying support). Another example, assume two
children from a previous relationship and two children from the current
marriage. Guidelines indicate that the obligor should pay 20.63 of net
resources for child support. The reduction is in place because the
obligor has a duty to support children from each relationship.
Although the Texas Family Code provides
guidelines that are presumed to be in the child's best interest, it is
possible to rebut the presumption. Several factors that the courts may
consider in deciding to vary from the guidelines include, the needs of
the children, the ability of the party to pay child support, and the
debts the paying parent is assuming. Further, if a parent is having to
travel long distances in order to exercise visitation, the cost of
travel (gasoline, airfare, hotel expense) are factors that may support a
variance from the child support guidelines. In addition, if a paying
parent is supporting a child through college, this factor may also call
for a reduction in child support.
Child Support Net Resources
 Child
support guidelines base their percentages on "net resources." Net
resources include more than just salary but also includes money
earned in the form of commissions, overtime pay, retirement benefits,
pensions, trust income, annuities, capital gains, social security
benefits, and gifts. Deducted from gross "resources" are any
amounts paid for social security taxes, federal income taxes (based on
the tax rate for a single person claiming one personal exemption and the
standard deduction), union dues, and any expenses that he obligor pays
for the children's health insurance. These amounts are deducted from an
obligor's resources to determine net resources for applying the child
support guidelines.
Needs of the Child
The Texas Family Code does not define "needs of the child." The term,
however, includes more than just "bare necessities." To justify child
support in excess of the percentage guidelines, evidence of a child's
special needs are required.
The Texas Supreme Court has had a
difficult time with defining special needs. In order to justify child
support greater than the child support guidelines, proof that the
children's needs have increased or are greater than the "average child"
include special education, advanced education, extracurricular
activities (debate club, scouts, sports), and clothing. In Giangrosso,
840 S.W.2d 769, the father testified that the child had become more
expensive to care for and support because the child was growing and
involved in more sporting activities. The court held, "this testimony
alone could serve as evidence that the child's situation has so
substantially changed as to warrant an increase in child support
obligations." In Scott 926 S.W.2d 415, the mother testified to actual
costs associated with meeting the child's needs and estimated costs
associated with items the mother believed would benefit the child but
she could not afford. She went on to testify to other items relevant to
the child special needs. The appellate court stated, "the law does not
require a movant (the mother in this case) seeking child support
modification to go this far . . . the child's mother is in the best
position, as managing conservator, to explain the needs of the child.
Upon a showing of a child's special needs, the court may, in its
discretion, award child support greater than the guidelines.
Call Len
Conner & Associates, P.C.
now to discuss your individual and unique situation,
972-445-1500. Be Prepared.
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We hope the information provided here is helpful. Please call our
office with any questions you may have. Unless otherwise indicated,
attorneys listed in this site are not certified by the Texas Board of
Legal Specialization. This web site is designed for general
information only. The information at this site should not be
construed to be formal legal advice nor the formation of a lawyer/client
relationship.
FULLY LICENSED BY THE TEXAS SUPREME COURT
Admitted to the US Federal Courts, Northern District of TX
Member of the Texas Family Law Section of the
Texas State Bar Association
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