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Calculate Texas Child Support

Bob Leonard Law Group, PLLC

Nov 06, 2014

How to calculate Texas child support, Child Support Attorney Fort Worth, Child Support Attorney Weatherford, Child Support Attorney Tarrant County, Child Support Attorney Parker County, C

Calculate Texas Child Support effects of re- marriage

Do you need to calculate Texas child support?

A few days ago I was asked: ”If I re-married, will my new spouse’s income make my child support go up?”  In other words, “Is household income after re-marriage used to calculate Texas child support?” The answer to the question is basically “No. spousal income is not used to calculate Texas child support” The resources of a spouse are not to be considered when you  Calculate Texas child support.

It occurred to me this is a good time to review the Texas child support guidelines for anyone with this question:

  1. Texas law provides for guideline child support.  This is based on the income of the obligor (person paying) and is “presumed” to be reasonable and in the best interest of the child.
  2. The amount is a calculation based on the gross income of the obligor.  You deduct certain taxes (not necessarily the actual taxes), medical insurance premiums for the child.  (There are other factors that go into it, but these are the most common).  This calculation gives you the “net available resources.
  3. Child support is calculated from the net available resources and is a percentage relating to the number of children in the support order and the number of other children that the obligor has a legal obligation to support.  For example, if the person has no other children, then the support will be 20% for one child and 35% for two.  If the person is obligated to support two other children (from a first marriage, for example), those percentages drop to 16% and 20.63%.  Other numbers of children yield other percentages.
  4. If the court determines that the guidelines would be unjust or inappropriate, then the court can vary from the guidelines.
  5. The Texas Family Code lists 17 factors to be taken into consideration in varying from the guidelines, including “any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents.”
  6. If the court finds that the obligor is intentionally unemployed or underemployed, then the court can apply the guidelines to the earnings potential of the obligor.  Someone who is unemployed could be ordered to pay child support based on what that person made before he or she quit working.
  7. Child support that the obligor receives (from another household) is to be included in the obligor’s resources.

There are other rules and provisions that apply and there are innumerable court cases that interpret these provisions.  If you have any questions about how to calculate Texas child support and whether you are paying or collecting the right amount, discuss this with a Family law child support attorney since these rules are not always as clear as they may seem.

 

Talk to an expert Child Support Attorney Today.

 

Call 817-336-8500

Email us: info@bobleonardlawgroup.com

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