Houston Child Support Attorney Explains the Texas Calculations

There is Nuance for High-Income Parents in Divorce

Photo a Child Support Hearing Document

Houston child support attorney John K. Grubb has been aggressively representing parents with high incomes for over 30 years. Do not hire an inexperienced family law attorney for a child support case, particularly for high-income situations.

What is the Child Support Calculation in Texas?

The Texas Legislature also enacted the following child support guidelines:

1 child – 20% of obligor’s net resources
2 children – 25% of obligor’s net resources
3 children – 30% of obligor’s net resources
4 children – 35% of obligor’s net resources

 

If the obligor has children other than those involved in the current divorce, special guidelines apply, taking into account all of the obligor’s children.

The definition of net resources is quite long – for most people, it means all wage and salary income and other compensation for personal services, interest, dividends, royalty income, self- employment income and net rental income, less social security taxes and federal income tax withholding for a single person claiming one personal exemption and the standard deduction. The guidelines apply automatically to the first $8,550.00 of net resources per month. When net resources are above $8,550.00 per month, the Court has discretion to set additional child support, based on the needs of the child. The lifestyle of the recipient of child support is not a factor in determining the amount of child support.

Child support is required to be paid by wage withholding from the obligor’s employer.

The obligor is also responsible for paying for the health insurance for the child. Each party is responsible for 50% of the uninsured medical and dental expenses.

All Court ordered child support must be paid through the State Disbursement Unit. It should never be paid directly to the recipient. The law is clear – if you pay it directly to the recipient it is deemed to be a gift of additional support and you still owe your Court ordered child support. Further, the Attorney General 5, 10, or 20 years later can troll the computers of the State Disbursement Unit, discover that the records show unpaid child support and the Attorney General can come after you (even if the recipient has never complained). The Attorney General can garnish your wages, your Social Security, your pension, take your 401k or IRA, lift any professional licenses that you may have, and lift your US Passport.

You should note that the child support guidelines apply equally to men and women.

Need More Info on Child Support Laws in Texas?

Houston child support attorney John K. Grubb has your and your child’s best interest in mind. While child support seems to be easily calculated by the guidelines, the reality is the calculation has nuance, particularly for high income parents. Reach out to our child support law firm by calling us directly or sending us an online contact form.