Child Support is a very
emotional subject for
both the custodial
parent and the
The State of Texas has
determine the amount of
child support that is to
be paid based on the
income of the
non-custodial parent. I
have been able to use my
expertise to ensure that
the child support is
appropriate and within
How Much Income Does the Child Support Apply to?
The Texas Family Code has guidelines that determine the percentages which apply to the first $6,000.00 of the non-custodial parent’s income. If the child has proven special needs, then additional support may be warranted.
What are Those Percentages?
The following percentages are presumed to be appropriate:
Number of Children % of Net Resources
What is My Net Income?
Attorneys use a chart provided by the Texas State Attorney General to assist them in determining what the "net monthly income" is for the purposes of child support. This amount is based on the obligor’s "net gross monthly income."
What is Income?
How is Child support Calculated?
The Texas legislature requires that the total amount of money received by the person obligated to pay child support from all of the sources listed above be totaled and then subtracts social security taxes and federal taxes (using one deduction), state income tax (if any), union dues and the cost of the health insurance for the child.
What is the Obligor has children outside of the Marriage?
The Court uses a different percentage to determine the correct amount of child support.
What if the Person ordered to pay support is not working?
The Court will still order a minimum amount of child support to be paid each month. the court might determine that the person is intentionally unemployed and order guideline support on what that person would make if he was working.
Will the Court waive child support if the parties agree to that?
Generally not. The right to "waive" the support is construed to belong to the child and not to the parent with whom the child lives. Since the child, obviously, is not competent to make this kind of decision, the Courts are reluctant to allow child support to be waived.
The Texas Court always considers the "best interest of the child" standard", and is very serious about the obligation of a parent to support his or her child.
What is a Wage Withholding Order?
This is an order that is served on an employer and results in the child support being deducted from the employee’s salary every time he or she receives a paycheck.
The money is forwarded to the Texas State Disbursement Unit in San Antonio, which, in turn, sends the payments out to the party who receives the support.
Is Child Support considered taxable income by the IRS?
No, it is not income to the recipient and is not deductible by the person paying it.
What about Health Insurance?
If Health Insurance is available from one of hte parent's empoyers, the court will order that the child be placed on one plan or another.
The Texas Court is very concerned about the ability of children to have access to adequate medical care, and will order that medical insurance is obtained and paid for by one of the parties, normally the same party who pays child support