How much does one have to pay for child support?

The amount of child support a person may pay in Texas depends on several factors including, but not limited to; 1) the persons level of income, 2) the number of children and 3) the property settlement that is negotiated. If an agreement between the parties cannot be reached in regard to the amount of child support, a judge may award child support based on the guidelines set out in the Texas Family Code.

The Texas Family Code sets out guidelines for judges to use when ordering child support. These guidelines typically apply to the first $7,500 of child support that may be paid each month by the non–custodial parent.

It is very important to keep in mind that judge may deviate from the guidelines found in the Texas Family code and order more or less child support based on that particular judge’s assessment of the particular needs of the children involved in a divorce and the earning capacities of the parents.

What are the general child support percentages in Texas?

The Texas Family Code provides the following percentage guidelines for child support in Texas. However, a judge may use his or her own discretion to order more or less child support.

How is net resources calculated for child support in Texas?

Typically, a judge will total amount of money received by the non–custodial parent from all income sources then subtracts social security taxes and federal taxes (using one deduction), state income tax (if any), union dues, and the cost of the health insurance for the child.

Does a person have to pay child support if he or she is not working?

Most Texas Courts will order child support even if the non–custodial parent is unemployed.

Will the Court waive the child support requirement if my spouse agrees to it?

Some courts will not allow the parties to waive child support requirement even if the parties are in agreement. Generally, the right to "waive" the support is construed to belong to the child and not to the parent with whom the child lives. Since the child is not competent to make this kind of decision, the Court is very reluctant to allow child support to be waived.

How is child support enforced?

The decree of divorce must have specific language on the amount of child support to be paid, who is to pay the support, who the support is payable to, where and how it is to be paid, and when it is to be paid.

If specific language is not contained in your decree, you will have to file an enforcement action with the court if your former spouse becomes delinquent on child support payments. The court has the authority to issue a wage–withholding order (if one has not already been issued by the court) to deduct child support from the obligor’s earnings.