Child Support

Child Support Lawyers in San Antonio

Texas Child Support

Child Support Practice Area - woman reads paperwork at desk

Child support in Texas is designed to provide for the care and support of a minor child. Support claims may be established through divorce proceedings, the Texas Attorney General’s Office- Child Support Division, or by SAPCRs (Suits Affecting Parent-Child Relationship). Our firm works on behalf of families in San Antonio/Bexar County, Seguin/Guadalupe County, Kerrville/ Kerr County, Bandera/Bandera County, New Braunfels/Comal County, and Boerne/Kendall County. Having a Texas attorney that is familiar with child support law is important in making sure that any support determined is appropriate and just.

Determining Net Resources for Child Support in Texas

The Texas Family Code determines the amount of child support owed based on the net income of the parent with the obligation to provide support. This calculation includes (but is not limited to): salary, commissions, overtime pay, tips , and bonuses.

What the Court does not factor in as part of one’s net resources include (but not limited to): SNAP benefits and other federal public assistance programs and foster care payments.

The Court also will deduct: social security taxes (or nondiscretionary retirement contribution if SS taxes are not paid), federal income tax based on specific rates, state income tax, union dues, expenses for the cost of health insurance, dental insurance, or cash medical support for the child, prior to calculating net resources.

Child Support Guidelines in Texas

It is presumed by Texas Law that the follow percentages are both reasonable and in the best interest of the child(ren) for purposes of determining child support. While Texas child support guidelines are presumptively what should be paid, the Courts may adjust these percentages if the Court determines that the use of these guidelines would be unjust or inappropriate.

BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
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

Often parties are remarried or have obligations for other children. The court applies a variance from the above formula for those situations.

MULTIPLE FAMILY ADJUSTED GUIDELINES
(% OF NET RESOURCES)
Number of children before the court
Number of other children
for whom the obligor
has a duty of support
1 2 3 4 5 6 7
0 20.00 25.00 30.00 35.00 40.00 40.00 40.00
1 17.50 22.50 27.38 32.20 37.33 37.71 38.00
2 16.00 20.63 25.20 30.33 35.43 36.00 36.44
3 14.75 19.00 24.00 29.00 34.00 34.67 35.20
4 13.60 18.33 23.14 28.00 32.89 33.60 34.18
5 13.33 17.86 22.50 27.22 32.00 32.73 33.33
6 13.14 17.50 22.00 26.60 31.27 32.00 32.62
7 13.00 17.22 21.60 26.09 30.67 31.38 32.00

Withholding Orders & Payment of Child Support in Texas

It is important to determine, whether you are paying child support or receiving child support, whether you are seeking a withholding order. A withholding order allows the Court or the Child Support Office to automatically deduct your child support payment from your paycheck. Parties may also request to have the child support obligation to be paid directly to the other party.

In order to make the best determination specific to your case, it is important your talk to a Texas attorney well versed in withholding orders and direct payments.