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Child Support

31 August 2008 8,305 views No Comment

How does Child Support work?
Texas has established a number of guidelines to help courts approach child support issues.  If the amount of the child support obligor’s monthly net resources are not greater than $7,500.00 dollars per month, then the court shall presumptively apply the following rate:

1 child              20% of Obligor’s Net Resources
2 children         25% of Obligor’s Net Resources
3 children         30% of Obligor’s Net Resources
4 children         35% of Obligor’s Net Resources
5 children         40% of Obligor’s Net Resources
6+ children       Not less than the amount for 5 children

There is a lot of information about child support that may be pertinent to your case that may be found in the Texas Family Code, or just ask your attorney to fill you in and tell you how the law applies to your particular situation.

Although Texas has Guidelines for Child Support, what other factors are considered when the Court sets child support?
In determining whether application of the guidelines would be unjust or inappropriate under the circumstances, the court shall consider evidence of all relevant factors including:

  1. age and needs of the child;
  2. ability of the parents to contribute to the support of the child;
  3. any financial resources available for the support of the child;
  4. the amount of time of possession of and access to a child;
  5. the amount of the obligee’s net resources;
  6. child care expenses incurred by either party in order to maintain gainful employment;
  7. whether either party has the managing Conservatorship or actual physical custody of another child;
  8. the amount of alimony or spousal maintenance actually and currently being paid or received by a party;
  9. the expenses for a son or daughter for education beyond secondary school;
  10. whether the obligor or obligee has an automobile, housing, or other benefits furnished by his or her employer, another person, or a business entity;
  11. the amount of other deductions from the wage or salary income and from other compensation for personal services of the parties;
  12. provision for health care insurance and payment of uninsured medical expenses;
  13. special or extraordinary educational, health care, or other expenses of the parties or of the child;
  14. the cost of travel in order to exercise possession of and access to a child;
  15. positive or negative cash flow from any real and personal property and assets, including a business and investments;
  16. debts or debt service assumed by either party; and
  17. any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents.

We can help protect your interest in all aspects of your divorce process.

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