Child Support Information
Texas law provides a statutory calculation to determine an amount for monthly child support. Generally, child support is set at 20% of net income for the first child, 25% for the next child, and so on. These percentages apply to a person’s net monthly income (gross income minus statutory deductions). Additionally, these percentages apply only to the first $6,000.00 of the person’s net income. Any child support ordered above this amount is based on a child’s proven needs.
The question of how to determine net monthly income is sometimes difficult if the obligor (person who will be paying support) has been unemployed or changes jobs frequently. Generally, Court’s will average a person’s monthly income over a period of time if there have been fluctuations in the amount of income a person receives. Additionally, if a person is unemployed at the time a child support order is established the Court will base child support on the federal minimum wage at 40 hours a week.
The courts and our society impose an absolute duty to financially support one’s children. When special circumstances exist, there is not a hard and fast rule as to how to calculate child support.
If you are paying child support and your income changes so that you cannot afford to pay your current monthly obligation, or if you believe that you are receiving too little in child support and cannot take care of your children, contact an attorney for help.
