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Texas Child Support Calculator (2020) | How to Calculate Child Support in Texas

Affordable Legal Help | Jun 05, 2020


DETERMINING GUIDELINES FOR TEXAS CHILD SUPPORT CALCULATOR

The guidelines are set forth in child support calculator Texas to be used in courts when calculating the amount of child support owed. The guidelines are a reasonable set of laws and their aim is in the best interest of the child. As biological parentage is obvious, mothers of children are granted parental rights automatically. But for fathers the rules are different. If a child is born out of wedlock, a voluntary acknowledgment of paternity form needs to be signed by both parents. Or they will need to petition the court for a court order to establish paternity. The father will have no legal rights associating to a child if paternity is not established. If such is the case, he cannot be asked to make child support payments.

 

First, the paternity of the child is established, and it is decided with whom the child will live. The court will then order the noncustodial parent to make payments for maximum child support in Texas. It is a common assumption that only fathers make maximum child support payments; nearly 10% of mothers in Texas are noncustodial parents, according to a Handbook for Noncustodial Parents published by the Texas Attorney General Child Support Calculator.

 

The Maximum Child support in Texas is purely for the privilege of the child and is deduced through the use of particular protocols and formulas. The support amounts are based on a percentage of the income of the noncustodial parent. Through the Texas Child Support Calculator, they determine the monthly net resources of the parent paying child support, also known as the obligor. The monthly net resources of the obligor are that person's income minus the following:

 

  • Social Security Taxes
  • State income tax
  • Federal income tax (tax rate for a single person, exemption and standard deductions)
  • Union dues (if withheld)
  • Health insurance coverage expenses for obligor's children

 

The monthly net resources will serve as a guide for the Texas Child Support Calculator and the court will apply a percentage founded on the number of children and other factors. After determining the Net Monthly Income, the child support calculator Texas applies one of two standards: the first standard is applicable if an obligor's net monthly income is less than $7,500.00, and the second standard is applicable if an obligor's net monthly income is greater than $7,500.00.

Recommended Read: WHEN DOES CHILD SUPPORT END IN TEXAS?

 

CALCULATING MONTHLY INCOME

According to theTexas Child Support Calculator, to calculate the net monthly income, the court first calculates the gross income annually and then recalculates it to determine the average income each month. It means the annual net income/resources divided by 12 to give the monthly net resources.

 

To determine the gross income, the Texas court will calculate the net resources which include: all salary and wages, social security, disability and workers' compensation, unemployment, pensions, retirement, royalty income, dividends, interest and all other income received including severance, to name a few. Then the court will deduct the following: social security taxes, union dues, health insurance for the child, state income tax, federal income tax to calculate the Maximum Child Support in Texas.

 

If the obligor is intentionally unemployed or making less than they have the potential to be, the court can impute an income on the obligor based on what their net resources should be.

 

TEXAS CHILD SUPPORT CALCULATOR GUIDELINES

If you or someone you know needs child support or are trying to achieve maximum child support for your child, the lawyers at Affordable Legal Help will ensure that you get the settlement you deserve. Our team is best equipped to handle the finer points of Texas child support laws. However, the following information will give you a general sense of the Texas child support calculator.

 

STATUTES - Texas Family Code section 154.001, et seq. (Support of child)

 

STANDARD CHILD SUPPORT GUIDELINES –MaximumChild support amounts are based on the obligor's percentage of the monthly net resources and the number of children.

 

  • 1 Child: 20%
  • 2 Children: 25%
  • 3 Children: 30%
  • 4 Children: 35%
  • 5 Children: 40%
  • 6+ Children: not less than the amount for 5 children.

 

It is important to note that these guidelines are applicable only when the obligor's monthly net resources are no greater than $7,000 (adjusted every six years). While the court will have the final say on the amount of maximum child support, the Texas Attorney General's child support calculator will provide a general idea. If the obligor's net monthly income is more than $7,500.00 then the Texas court will apply the same calculations as above for the first $7,500.00 of net monthly income. If the obliges can prove that the child has "needs" like tuition, extra-curricular activities, tutoring and extra medical costs to name a few. Then the Texas court can order that the obligor pay more child support.

 

There is a limit on the amount of maximum child support in Texas that can be awarded over guidelines. For example, if the child's needs are proven by the obligee to be $500 more than the minimum, then the court can only order $500 more than the guidelines to be paid by the obligor. A judge cannot order more than the tentative amount of maximum child support in Texas or one hundred per cent of the proven needs of the child, whichever is greater. If the child is receiving disability or social security benefits from the paying party's old age social security or disability benefits, that amount is subtracted from the total child support amount, required under the guidelines. The percentages are slightly lower if the parent paying maximum child support is also paying child support for other children outside of this case.

You may read also: Retroactive Child Support Texas

 

WHY IS CHILD SUPPORT CAP INCREASING?

In the state of Texas, the Attorney General of Child Support Calculator Division adjusts this "CAP" every 72-months and it is based on the consumer price index percentage change during this six-year period. The last child support cap increased in September 2013. In February 2013, the designated CPI was 681.158 raising the child support from $7,550 to $8,550. In February of 2020, the CPI was 733.407 and increase of 52.249 points. The new maximum net income increased from $8,550 to $9,200. Due to this change in maximum income, the new guideline of maximum child support in Texasamount for one child is $1,840 per month.

 

HOW CAN CHILD SUPPORT CAP AFFECT ME?

How the cap will affect you depends on how much money the parent paying maximum child support brings home. For instance, if the paying parent's take-home pay is less than $8,550, their maximum child support remains unchanged. However, if the paying parent's monthly net income is $8,550 or more, their support obligation may increase.

 

MULTIPLE FAMILY GUIDELINE ADJUSTMENTS

If the obligor already has children that they owe support then the percentage of net resources mandated for maximum child support in Texas may be reduced. 

 

INCOME DISPUTES

Sometimes, the income earned by someone can cause complications in child support cases. This usually happens when the parents fall in the following categories:

  • Self-employed
  • People having a tangible investment income
  • People earning through commission
  • People with fluctuating income
  • People paid in cash
  • People earning through stocks or other non-conventional ways

 

A parent's income plays an important role to decide how much maximum child support in Texas must is paid. These technical issues can be quite overwhelming and challenging but our team of dedicated and hardworking attorneys at Affordable Legal Help will handle all these issues and guide you through the whole legal process.

Recommended Read: HOW FAR BEHIND ON CHILD SUPPORT BEFORE JAIL IN TEXAS

 

GROUNDS FOR MODIFYING SUPPORT

Either parent's financial situation may change over time or the maximum child support orders may need to be readdressed. All changes in maximum child support in Texas must go through the court. Furthermore, an agreement between parents will not be enough to establish a new child support order reflecting each parent's ability to pay. Our team of expert family lawyers at Affordable Legal Help can help you to apply for a child support modification if there have been changes in the circumstances of the individuals affected by the child support order (child, custodial parent, noncustodial parent). If three years have to pass since the establishment of a child support order, the difference in monthly support may be affected by at least 20% or $100. In Texas, you are entitled to request a review of maximum child support orders every three years.

 

DURATION OF MAXIMUM CHILD SUPPORT IN TEXAS

According to Texas law, either or both parents must support a child until the child turns 18 or graduates from high school (the later of the two), gets married, he/ she dies or the disabilities of the child are removed. If the child is believed to be mentally or physically disabled, then the child may indefinitely receive maximum child support.

 

MEDICAL CHILD SUPPORT

After ensuring that the child's financial needs are taken care of, the Texas child support calculator can also order either of the parents to provide health insurance for the child. For example, the Texas court will check the cost and quality of health insurance and ask if coverage is available at a decent cost through one of the parent's employers or trade association, membership in some organization or union, and inquire if coverage through another source is available at a reasonable cost.

WHY CHOOSE US?

At Affordable Legal Help, it is our mission to work in the best interest of your children and family. We make sure that you receive the child support your child deserves to help them become productive and happy grown-ups.