Child Support

Child Support is based upon the number of children and the net resources of a paying parent. Net resources is not the net amount on a paycheck. First, all income must be considered. From the gross income, deductions are allowed for income taxes as dictated by a chart issued by the Attorney General each year; social security taxes, and medicare taxes. Additional deductions are made for mandatory union dues and the cost of health insurance for the child. Once that number is determined, a percentage is applied. The percentages are:

One child 20%

Two children 25%

Three children 30%

Four children 35%

Five or more 40%

If a parent has other children for whom they have a legal obligation the percentages are adjusted 1.5% for each additional child, e.g. one child is at issue in the divorce and the parent has a child from a prior divorce, the percentage is 17.5% The Court can deviate from the guidelines and order a different amount of child support based upon certain factors that are generally known as extraordinary expenses.

The parent paying child support is known as the obligor and they are also required to maintain health insurance for the child at their cost. The cost is then deducted from gross income to determine the net resources number. Parents are also obligated to split the costs of uninsured expenses.

All Texas child support orders require a wage withholding order. This means that an employer is ordered to deduct the child support from a paycheck and pay directly to the child support registry. The parties can agree to suspend the issuance of the order but the Court can not order the suspension of the order over the objection of one party.