Deviating from Texas Child Support Guidelines

The amount of child support based on the statutory percentage applied to an obligor’s monthly net resources is presumptive, but a court may vary from the guidelines amount – upward or downward – based on a number of different factors.

Relevant factors (not an exhaustive list) may include:

• The age and needs of the child;
• The child’s educational expenses beyond secondary school;
• Payment of health insurance or uninsured medical expenses for the child;
• Extraordinary educational, healthcare or other expenses of the parents or the child
• Whether either parent has managing conservatorship or possession of another child;
• Each party’s period of possession of and access to the child;
• Travel costs for exercising possession of and access to the child;
• Child care expenses;
• Each parent’s respective ability to contribute to the child’s support;
• Debts assumed by either parent;
• The net resources of the obligee (the parent receiving child support); or
• The amount of alimony or spousal maintenance paid  or received by a parent.

The court has broad discretion to vary from the amount of child support under Texas statutory guidelines for any reason it finds in the child’s best interest.  As a result, variation from the Texas statutory guidelines is not automatic, although courts are encouraged to consider the totality of circumstances of the child and the parents in reaching a decision concerning the amount of child support in each case.

By:  Cynthia W. Veidt, Attorney

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