Child support guidelines exist for all cases in Texas. In high-income cases, however, you quickly find out that support is rarely a set percentage of your income. In situations where the parties’ income exceeds statutory limits, courts are required to evaluate guideline amounts alongside all the child’s needs and the parents’ financial resources. An important question to ask is, how is child support calculated for high-income parents in Texas?
Calculating Child Support in Texas
Most contested high-income cases are litigated in Austin before judges in the Travis County Civil and Family Courts Facility located at 1700 Guadalupe Street, Austin, TX 78701. High-income support cases often involve income that fluctuates each year or is earned through ownership interests in a company, equity-based compensation, or deferred bonus plans. Courts will look at this income with a fine-toothed comb.
Texas child support laws use percentage guidelines to calculate child support. A party’s net resources are multiplied by the number of children to which the obligor is responsible to arrive at the basic child support amount.
The calculation caps obligor income at the statutory maximum. Courts do not automatically consider income above this number, which leads to many contested issues in high-income child support cases. Income for purposes of calculating child support includes:
- Wages
- Salary
- Bonus or commission income
- Self-employment income
- Royalty income
- Interest income
- Trust income
The Child’s Needs
If your income falls outside the guidelines, the court will consider whether additional support should be awarded to provide for the child’s needs. The necessary support for the child is based on their actual needs rather than what might be possible given the financial capacity of one household.
If you want the court to order your ex to pay more than the guideline suggests, you must prove the child’s needs. Courts have awarded additional child support for proven needs such as:
- School tuition
- Medical expenses
- Special needs
- Extracurricular activities
According to the CDC, the divorce rate in Texas is 2.1, and the fertility rate for women aged 15 to 44 is 60.6 births per 1,000, showing the importance of making proper and healthy custody decisions regarding children. Additionally, about one in four children under 21 lived with just one parent in 2022, with the other parent living outside the home, according to the 2023 CPS-CSS, underscoring the need for fair child support payments.
There are several important risks unique to high-income earners in Texas child support cases. You do not want to suddenly find out you reported too much income, categorized a bonus incorrectly, or failed to object to your ex’s request to deviate from the guidelines. Take the proper precautions to protect your interests.
Hire a Child Support Lawyer
High-income child support cases should hire a child support lawyer as soon as possible. Missing the deadline to challenge how your income is calculated or contest your ex’s request to deviate from the guideline amount could result in lost opportunities. You do not want your child support order based on unsupported assertions.
Austin Families who need assistance in high-income child support matters related to complicated divorce and custody cases turn to the Law Office of Ben Carrasco, PLLC. Board Certified in Family Law, Ben Carrasco knows how to litigate complex financial matters in Travis County courts. Contact us today to speak with a Texas child support attorney.
