Texas Child Support Guidelines: What are My “Net Resources?”

Texas applies a percentage formula to the “monthly net resources” of one parent or conservator (called the “obligor”) to determine the amount of child support under statutory guidelines. The percentage changes based on the number of children involved, as will be discussed in a future topic in this blog.

To begin, what are your “monthly net resources?”

“Net resources” include the sum of all sources of income or assets from which income could be derived in a given year. So, “net resources” will include your wages, salary, overtime pay, tips, commissions, bonuses or any other compensation received for your personal services (regardless of whether you are self-employed).

It will also include any severance pay, retirement pay, pension income, social security benefits (other than supplemental security income), unemployment benefits, disability or workers’ compensation benefits, alimony, spousal maintenance, rental income from real or personal property, interest income, stock dividends, royalty income, capital gains, trust distributions, annuity income, gifts and prizes.

This list is not all-inclusive – if you received money, it will most likely be included in your “net resources” unless it falls within a specific exception recognized by the Texas Family Code. Those exceptions include: the return of capital or the return of principal owed to you on a note; accounts receivable; certain welfare benefits (such as food stamps or WIC benefits), foster-care payments, and your spouse’s income. 

From your “monthly net resources,” you may subtract a limited number of items: (a) social security taxes; (b) federal income taxes based on the tax rate for a single person claiming one personal exemption and the standard deduction; (c) state income taxes, if any; (d) union dues; (e) expenses for health insurance coverage for your child; and (f) cash medical support for your child.  You cannot subtract any deductions for contributions to an individual retirement account or 401(k) plan, insurance coverage for persons other than your child, employee stock purchases or similar items. 

By: Cynthia W. Veidt

Child Support in Texas: So Many Questions!

Every week, it seems that several people ask me what they ought to be paying in child support, or how to change the amount of child support in their case. Child support is one of the most hotly contested matters in many Texas divorces, and often remains a bone of contention until the child is no longer eligible for child support.

In a series of topics in this blog, we’ll go over some of the most frequently asked questions about child support in Texas. The answers will be generic; you should always consult a family lawyer about the facts concerning your specific situation before making any decisions about setting, modifying or enforcing child support in your case.

By:  Cynthia W. Veidt, cindy@lpvlaw.com

School Days: How Does “School” Affect My Texas Possession Schedule?

Most Standard Possession Orders (SPO) in Texas make specific reference to weekends extended by student holidays and teacher in-service days, or set the beginning and end of periods of possession by a parent at the time that “school” begins or ends.  But which “school” calendar controls these matters?

Unless defined differently in the specific possession order or divorce decree, “school” in a Texas SPO means either:

1. the primary or secondary school in which the child is enrolled, or  
2. if the child is not enrolled in school, the public school district in which the child primarily resides.

So, for children who are too young to attend school, parents should refer to the calendar for the school district in which the child would attend public school based on his or her primary residence (as established by the parent with the exclusive right to designate the child’s primary residence). 

For children attending private school, or who go to a school outside their “regular” district, parents should follow the calendar of the school in which their child is actually enrolled.

However, when all else fails, parents should remember that they can agree upon a different definition of “school,” and they can always agree to alter the standard possession schedule so that it makes practical sense for themselves and their child. Such agreements should be documented in writing, and signed by both parents to avoid any future disagreements or confusion.

By:  Cynthia W. Veidt

Can I Designate a Different Summer Vacation Schedule in Texas?

As noted in a separate blog entry, under the Texas Standard Possession Schedule, the parent with whom the child does not primarily reside (called a “possessory conservator”), can have the child for up to 30 days if the parents live less than 100 miles apart.  If the parents reside over 100 miles apart, the possessory conservator can possess the child for up to 42 days.

The Texas statutes set up a “default period” for summer possession.  However, Texas Standard Possession Schedule allows the possessory conservator to designate the specific days for summer possession, provided he or she does so in writing by April 1st of that calendar year.  These extended summer vacation visits must not be over more than two separate periods and must be at least seven days in length.

These extended periods of summer vacation should be discussed and coordinated with the other parent.  Under the Texas Standard Possession Schedule, the managing conservator (the parent with whom the child primarily resides) can designate one or two specific weekends to have possession of the child during the extended summer periods of possession designated by the possessory conservator (depending on how far apart the parents live).  This designation must be given in writing on or before April 15th of that calendar year, and cannot interfere with the father’s right to possession of a child on Father’s Day.

By:  Cynthia W. Veidt, attorney and Erin Zeiss.