One question I always seem to get as a family law attorney is: “If the other parent is awarded primary custody of the child(ren), how much child support will I be required to pay?” Under the Texas Family Code, the answer to this question can be a simple mathematical calculation.
Section 154.125 of the Texas Family Code provides that a parent who does not have primary possession of the child(ren) and whose net monthly resources are $7,500.00 per month or less shall pay 20% of their net income per month for one child, 25% of their net income for two children, 30% of their net income for 3 children, 35% of their net income for four children and 40% of their net income for 5 children or more.
Section 154.126 of the Texas Family Code provides that if a non primary parent’s net resources exceed $7,500.00 per month there is a presumption that monthly child support should be calculated as if that parent nets $7,500.00 per month. In other words, under the Texas Family Code, there is a presumption that child support should be capped at $1,500.00 per month for one child, $1,850.00 for two children, $2,250.00 for three children, etc.
If you are a parent who will be required to pay child support, you will also generally be required to provide and/or pay for the cost of the child(ren)’s health insurance. The monthly cost of the child(ren)’s health insurance will be deducted from your net monthly resources before the above percentage of 20%, 25%, 30%, etc. is applied. For example, if a parent’s net resources are $2,000.00 per month and the cost of the child(ren)’s health insurance is $300.00 per month, then that parent’s net resources per month for child support purposes is $1,700.00 per month. If that parent has one child, that parent will pay 20% of $1,700.00 or $340 per month in child support. In addition, that parent will be required to continue to provide and/or pay for the child’s health insurance at the rate of $300.00 per month. In other words, that parent’s total monthly child support obligation will be $640.00 per month ($340.00 in actual child support and $300.00 for the cost of the health insurance).
The Office of the Attorney General provides tax charts which can help you easily calculate what your child support obligation should be. In addition, there are several smartphone apps that can help you determine your child support obligation, as well.
The follow up questions I generally receive regarding child support are how does the court determine what my monthly net resources are and what if I have a child or children from a different relationship. Both of these are good questions, and both of these questions will be answered in future blogs.
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