Texas Family Code Child Support (2020)
Affordable Legal Help | Jun 26, 2020
Putting up with a divorce is a devastating affair. To top it off, going through the terms and conditions pertaining to Texas child support is another overwhelming episode, especially when you’re unaware of what’s coming your way. Having some knowledge beforehand of what to expect in the whole process of child support and having information about the Texas family law codes can give you the upper hand in your case.
At Affordable Legal Help, we provide unbundled legal services to our clients to go smoothly through the process of child support. It is our responsibility as a family legal service to make our clients understand the basics of Texas family law codes and the Texas family code child support guidelines, so that they can make settlements accordingly.
Modifications in Texas Child Support Guidelines
In 2013, the Texas Child Support Division of the Attorney General made some modifications in the Texas child support guidelines, according to which the net amount of child support every month was increased to $8550 from $7500 annually. This change was set into effect from 1st September 2013, and all the cases filed after this date or those that were pending, were to be settled according to these new changes.
As of 2019, a modification was made in the previous 2013 guidelines. According to the updated guidelines by the Texas Child Support Division of the Attorney General, the net monthly resources have been increased to $9200 from $8550 annually. This means that every child will be getting a child support of $1840 every month.
Recommended Read: WHAT IS THE STATUTE OF LIMITATIONS ON CHILD SUPPORT IN TEXAS?
Texas Family Code Child Support Guidelines 2019
The Texas Family code child support Guidelines under section 154.125 are planned especially for instances where the obligator’s net monthly resources are not more than $8500 or the presumptive amount set according to the code.
According to subsection a1, the determined amount of net resources to which the child support guidelines are applicable, should be reviewed and adjusted for inflation by the Texas Office of the Texas Attorney General, every 6 years. The amount is calculated according to the formula set by the section. This whole calculation is done according to the consumer price index.
The calculation of net resources is carried out by deducting:
- Social security and federal income taxes
- State income tax
- Union dues
- Health and dental insurance expenses
According to the new guidelines, effective from 1st September 2019, this new cap is approximately $12,000 gross income per month, or $144,000 per year.
If the net monthly resources of the obligor are less than the amount determined by subsection a1, they have to follow the given Texas family code wage assignment schedule:
- The child support of 1 child is 20% of the amount of net resources of the obligor.
- The amount of child support for 2 children is 25% of the net resources of the obligor.
- For 3 children, the amount of child support to be paid is 30% of the net resources of the obligor.
- The child support of 4 children is 35% of the amount of net resources of the obligor.
- The amount of child support for 5 children is 40% of the net resources of the obligor.
- For more than 6 children, the amount paid should not be less than the amount paid for 5 children. It can be more if the obligor can afford, but not less than 40% of the net resources.
The percentage of child support the obligor is liable to pay is conditional on the number of children there are to be supported.
Ongoing Child Support Proceedings
If you’re in the middle of a Texas child support proceeding, that will be concluded after 1st September 2019, the new child support guidelines will be implemented when calculating the monthly child support.
According to the new Texas family code child support guidelines, the monthly amount of child support will be calculated by applying the applicable percentage. This means that for the first child, the obligor will have to pay 20% of the net resources, with a 5% increment with every additional child.
Modification of Child Support
If your child support order has already been passed according to the previous guidelines, the new Texas family code child support guidelines enable the obligee to file for alteration to call for an increase in child support. In this case, the court will recalculate the amount of monthly child support only if the obligor’s income is greater than the amount set according to the Texas family law codes.
You may read also: Retroactive Child Support Texas
For How Long Does the Obligor Have to Pay Child Support?
This is the most common question that we come across when dealing with cases related to Texas child support. For answering this question, we refer to the Texas family law code section 155.001, which provides a complete outline regarding the length of time for which a parent can be ordered to make child support payments. According to this law, the court may order the mother or father or in some cases both, to support a child unless some special conditions occur. Those conditions are:
- The child turns 18 or graduates from high school
- He/she gets married
- The child passes away
- He/she obtains an order from the court for removal of the disabilities of minority, which means that they will be treated as an adult from now on.
- He/she is emancipated (give adult rights to a minor for legal purposes)
Also, to get emancipated the following rules apply:
- The child should be a minimum of 16 years old
- He/she should be a resident of Texas
- Must be self-sufficient
Contact Us for Legal Help
With so many Texas family law codes that require proper understanding, you are bound to get confused at some point. To avoid all the ambiguity, you require an experienced attorney who will help you understand all the laws and guidelines about Texas child support.
Our lawyers at Affordable Legal Help are just a call away to answer legal questions about disputes about child support. Feel free to contact us to set up a free consultation and give us a chance to be of assistance to you and your family.