How much child support will I pay or receive?

The Texas statutes set minimum child support guidelines. The Judge may deviate from the guidelines. The guidelines apply to the statutory net pay per month as follows:

      20% per one child
      25% for two children
      30% for three children
      35% for four children
      40% for five children

Guidelines do not apply in all cases. For instance, minimum child support guidelines do not necessarily apply when the secondary parent's net income exceeds $7500 per month.

Health Insurance and uncovered medical and dental

In addition, the secondary parent normally will be responsible for, and pay for, health insurance for the child with the parties usually splitting 50/50 the uncovered medical, dental and orthodontic expenses.

What other criteria does the court use to determine child support

1)   The child support guidelines assume that the court will order the obligor to provide health insurance coverage for the child.

2)   In absence of evidence regarding the wage and salary income of a party, the court shall presume that the party has wages or salary equal to the federal minimum wage for a 40-hour work week.

3)   There is a presumption that the child support guidelines are reasonable and in the best interests of the child.

Varying from the suggested guidelines

Determining whether over guideline child support should be awarded, the court shall consider evidence of all relevant factors, including:

a.    The age and needs of the child;

b.   The ability of the parents to contribute to the support of the child;

c.    Any financial resources available for the support of the child;

d.   The amount of time of possession and access to a child;

e.    The amount of the obligee's net resources, including the earning potential of the obligee if the actual income of the obligee is significantly less than what the obligee could earn because the obligee is intentionally unemployed or underemployed and including an increase or decrease in the income of the obligee or income that may be attributed to the property and assets of the obligee;

f.     Child care expenses incurred by either party in order to maintain gainful employment;

g.   Whether either party has the managing conservatorship or actual physical custody of another child;

h.   The amount of alimony or spousal maintenance actually and currently being paid or received by 4 party;

i.     The expenses for a son or daughter for education beyond secondary school;

j.     Whether the obligor or obligee has an automobile, housing, or other benefits furnished by his or her employer, another person, or a business entity;

k.    The amount of other deductions from the wage or salary income and from other compensation for personal services of the parties;

l.     Provision for health care insurance and payment of uninsured medical expenses;

m.  Special or extraordinary educational, health care, or other expenses of the parties or of the child;

n.   The cost of travel in order to exercise possession of and access to a child;

o.   Positive or negative cash flow from any real and personal property and assets, including a business and investments;

p.   Debts or debt service assumed by either party;

Any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents.