{"id":1193,"date":"2013-09-18T22:38:55","date_gmt":"2013-09-18T22:38:55","guid":{"rendered":"https:\/\/www.busby-lee.com\/?page_id=1193"},"modified":"2023-12-27T07:16:34","modified_gmt":"2023-12-27T07:16:34","slug":"houston-child-support-attorney","status":"publish","type":"page","link":"https:\/\/www.busby-lee.com\/houston-child-support-attorney\/","title":{"rendered":"Child Support Attorney"},"content":{"rendered":"
\n

Child support funds are designed to be used for the enrichment and benefit of the child(ren) living with the primary custodial parent and are paid by the obligor (parent designated to pay child support). As of September 1, 2013, Texas state law provides that the foundation for calculation of child support cannot exceed a monthly net resource of $8,550 per month which is determined by the Texas Revised Tax Charts used by the Attorney General\u2019s Office. Individuals that receive child support should not expect automatic increases in the financial amount and will need to file a petition with family court to have this changed with the understanding that these may not be approved unless it has been at least three years since the last modification and the payer\u2019s income has changed to meet a new cap.<\/p>\n

Payers can utilize the detailed information provided below in addition to the above link to help in calculating child support payments based on increased social security and federal income deductions and higher caps.<\/p>\n

How to Calculate Your Average Net Monthly Resources:<\/strong> (monthly net income \u2013 deductions)<\/p>\n

Add<\/strong> all monthly gross income including but not limited to the items mentioned below:<\/p>\n

Wage, salary and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);
\nInterest, dividends, and royalty income;
\nSelf-employment income;
\nNet rental income (amount after operating expenses and mortgage payments, not including items such as depreciation); and
\nAll other received income such as severance, retirement, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, disability and workers\u2019 compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, child support, and alimony.<\/p>\n

Do NOT<\/strong> include the following items in the gross monthly income calculation:<\/p>\n

Return of principal or capital on a note not included in net resources;
\nAccounts receivable;
\nBenefits paid through Temporary Assistance for Needy Families (TANF);
\nFoster care payments; or
\nNew spouse\u2019s net income.<\/p>\n

Divide<\/strong> annual gross income by 12 to find average monthly gross income and then:<\/p>\n

Subtract the following items:<\/strong><\/p>\n

Social security and Federal income taxes paid for a single person (reference the above Tax Charts link for deduction amounts);
\nState income taxes;
\nUnion dues; and
\nChild\u2019s health insurance cost or cash medical support.<\/p>\n

What you have remaining is your monthly net resource<\/strong> amount which is considered for the child support percentage shown below.<\/p>\n

Monthly Texas Child Support Guidelines<\/strong><\/p>\n

Table 1 – Texas Child Support Guidelines: Percentages of Net Monthly Resources per Child
\nOne Child = 20% of net resourcesTwo Children = 25% of net resourcesThree Children = 30% of net resourcesFour Children = 35% of net resourcesFive Children = 40% of net resourcesSix Children = Not less than 40% of net resources<\/p>\n

For example, if average net monthly resources are $3000 then monthly child support under the guidelines would be:<\/p>\n

$3000 x (0.2) = $600 for one child each month<\/p>\n

Effect of Social Security or Disability Benefits on Texas Child Support<\/h4>\n

If the child receives monetary benefits from the payer\u2019s old age social security or disability benefits then this amount will be subtracted from the total calculated amount of child support under the guidelines.<\/p>\n

What happens to the amount of support I am currently paying if I have a duty to support other children too?<\/h4>\n

If you are supporting other biological or adopted children from a previous relationship or have been ordered by the court to support another child then the percentage of average net monthly resources you pay for the current child support will be decreased.<\/p>\n

The judge may consider the following factors when deviating from the above guidelines:
\nAge and needs of the child;<\/strong><\/p>\n

    \n
  • Educational expenses beyond secondary school;<\/li>\n
  • Provisions for health insurance and payment of uninsured medical expenses;<\/li>\n
  • Extraordinary educational, health-care, or other expenses of the parties or the child;<\/li>\n
  • Any resources available for the child\u2019s support;<\/li>\n
  • Whether either party is managing conservatorship or possession of another child;<\/li>\n
  • Each party\u2019s custodial possession of the child;<\/li>\n
  • Child care expenses (as needed due to employment);<\/li>\n
  • Each parent\u2019s respective ability to contribute to the child\u2019s support;<\/li>\n
  • The paying spouse\u2019s earning capacity if intentionally unemployed or underemployed and any deemed income;<\/li>\n
  • Alimony;<\/li>\n
  • Benefits such as a car, house, or other benefits paid by an employer, another person or a business;<\/li>\n
  • Paycheck deductions other than those already factored into calculating net monthly resources;<\/li>\n
  • Cash flow from any real or personal property including businesses or investments;<\/li>\n
  • Debts assumed by either party;<\/li>\n
  • Any reason consistent with the child\u2019s best interest while considering the parents\u2019 circumstances.<\/li>\n<\/ul>\n

    The judge is not allowed to consider these factors:<\/strong><\/p>\n

    A history of voluntary payment above the guideline amount;
    \nThe sex of the paying spouse, the recipient spouse, or the child; or
    \nThe marital status of the child\u2019s parents.<\/p>\n

    I appear regularly in the Harris County attorney general and district courts on child support issues.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

    Child support funds are designed to be used for the enrichment and benefit of the child(ren) living with the primary […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"yoast_head":"\nChild Support Houston - Texas Attorney General | Busby & Associates<\/title>\n<meta name=\"description\" content=\"Looking for child support attorney in Houston, Texas? 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