- How do the courts in Texas calculate child support?
- What, exactly, are "net resources" and how are they calculated?
- Do I get to take any deductions for taxes or other expenses from my income to determine my "net resources"?
- Don't I get to deduct the federal income taxes I actually paid?
- What about my mortgage/student loan/credit card debt/attorney's fees? Don't I get to deduct those from the calculation of net resources?
- How is child support paid once ordered by the court?
- What if I and the other parent agree that child support will be paid directly?
- How is child support received?
- What happens if the income of the parent paying child support changes? How do we modify the child support payments?
- What if I need to change a child support order which has been in effect for less than three years?
- What if the parent ordered to pay child support is refusing to pay? What can I do to collect that support?
- What good is a Texas child support judgment if I can't collect on it?
- Unfortunately, I can't afford to pay an attorney to seek the child support I am owed. What can I do?
- If I pay you my attorney fees up front, can I ask that the other parent pay those fees?
- What if I have additional questions about child support in Texas?
How do the courts in Texas calculate child support?
All courts in Texas are required to calculate child support according to guidelines contained in Chapter 154 of the Texas Family Code. In this section, the Texas legislature has required courts to apply a percentage to the "net resources" of a parent paying child support to determine the amount of child support to be paid. If the parents have 1 child, then the parent paying child support will pay 20% of his or her net resources. If there are 2 children, the percentage is 25%. The percentages go up by 5 percent for each child until the number of children reaches 6, at which time the support is required to be no less than 40%, but the court is given some leeway on calculating an amount above 40% of the parent's net resources.
What, exactly, are "net resources" and how are they calculated?
For the purpose of determining child support, "net resources" are all financial resources of a parent which a court is allowed to use to determine the amount of child support to be paid. Under the Texas Family Code, "net resources" include the following:
- All wage and salary income (including bonuses, tips, commissions and overtime pay);
- Any interest, dividends and royalty income;
- Self-employment income;
- Net rental income (which is income after all actual operating and mortgage expenses are deducted); and,
- All other income actually being received.
Yes, you are allowed some very specific deductions from the income sources described in the last question. Such deductions include the following:
- Social security taxes (including medicare taxes);
- Federal income tax based on the tax rate for a single person claiming one personal exemption and the standard deduction;
- State income tax (if applicable - Texas does not have a state income tax);
- Union dues; and,
- Expenses for health insurance premiums for a child as ordered by a court.
Don't I get to deduct the federal income taxes I actually paid?
No - it must be based on the standard exemption and deduction scheme described in the previous question.
No. Only the items described above.
How is child support paid once ordered by the court?
Generally, this will depend on what the court's order says about payment. The most common method used by courts today is by automatic withdrawal from the pay check of the parent paying child support. This is accomplished by a document called a "wage withholding order". Once signed, it is mailed to the employer of the parent. The employer is then required to withhold the amount in the order and send it to the Texas Child Support Disbursement Unit in San Antonio, Texas. From there, the payment is recorded and sent to the parent receiving the child support.
What if I and the other parent agree that child support will be paid directly?
Assuming the court approves this means of payment, it can be done. Most courts, however, prefer that payments be made through the Texas Child Support Disbursement Unit to avoid possible disputes over whether support has been actually paid.
How is child support received?
The Texas Attorney General's Office provides a number of methods of receiving child support, including direct deposit into a bank account.
It is somewhat difficult to modify a child support order later on, which is why it is very important to get a correct calculation of child support in the original order. Naturally, however, people change jobs or obtain raises which would affect the calculation of child support. Therefore, parents may seek a modification of the child support order once the order has been in effect for three years if a new calculation of child support would result in a change in the child support payment of 20% or $100, whichever would be less.
What if I need to change a child support order which has been in effect for less than three years?
A parent may only seek a modification of a child support order which is less than three years old if they can show the court that the circumstances of the child or a person affected by the order have materially and substantially changed since either the date the order was rendered or the date of a mediated settlement agreement upon which the order was based. The court may evaluate a number of factors to determine whether such a material and substantial change in circumstances exist, such as the loss of a parent's job or the increase in necessary expenses for the child.
Fortunately, Texas law provides a number of avenues to collect child support. First, as we discussed previously, the court may order that child support be deducted from a parent's pay check. This typically makes payment of child support far more reliable. In addition, if a parent somehow finds a way to avoid having child support deducted from their paycheck, perhaps by frequently changing jobs or becoming self-employed, a parent owed child support may file a motion for enforcement with the courts seeking any number of remedies, including a child support lien on the other parent's property, a judgment against the other parent or perhaps even a contempt order which could carry criminal liability.
What good is a Texas child support judgment if I can't collect on it?
Unlike most ordinary judgments in Texas, child support judgments can be collected against almost any property owned by the person owing the child support. For example, while a single person may be able to claim up to $30,000 of general personal property as exempt from collection against an ordinary debt, no such exemption may be claimed against a judgment for child support. We can request that a law enforcement officer proceed to collect that parent's personal property to sell at auction in order to satisfy the judgment. Other examples of property that may be taken to satisfy the child support judgment include the parent's vehicle and their retirement accounts.
Unfortunately, I can't afford to pay an attorney to seek the child support I am owed. What can I do?
Often our firm will provide potential clients options on how to pay our fee. While it is always financially advantageous to a client to pay us on an hourly basis, some people simply cannot afford to pay such money in advance. For such persons, we may offer the option to sign a contingency fee agreement instead. This agreement allows you to retain us immediately with no upfront cost. Instead, our firm is paid a percentage of the total amount collected, with that percentage determined after a thorough evaluation of your case.
If I pay you my attorney fees up front, can I ask that the other parent pay those fees?
Absolutely! Under Texas law, a court is required to order payment of your fees if you successfully obtain a judgment or other relief for the failure of the other parent to pay the child support they were previously ordered to pay.
What if I have additional questions about child support in Texas?
Call the attorneys at Patel Warren & Ervin, PLLC with your questions at 713-893-1667 or toll free at 866-204-3128.
