When parents divorce, their financial obligation to their children does not end. Parents are legally required to provide financial support for their children. However, parents may dispute how much should be paid for child support. Our Austin divorce attorneys explain how child support is calculated to help parents know what they can expect.
Calculating Child Support Payments in Austin, TX
Texas bases child support on a person’s net income and the number of children being supported. Therefore, the rate of child support is:
- 20% of net income for one child
- 25% of net income for two children
- 30% of net income for three children
- 35% of net income for four children
- 40% of net income for five children
The above amount of net income is the base amount for child support payments. A judge may increase or decrease the amount of child support based on the factors in the case and the best interests of the child. Additionally, the state sets maximum child support payments. The maximum amounts are reviewed and adjusted for inflations every six years.
How Do I Determine Net Resources for Child Support in Texas?
Your net sources (income) are calculated by deducting the following amounts from your income:
- Federal and state income taxes
- Social Security taxes
- Union dues withheld from pay
- Expenses for health insurance for the children
If you pay child support for a child from another relationship, that payment may be credited for calculating net income.
Income or resources include wages and salaries you receive. It also includes net income from a business or rental property. All streams of income are included. The court may consider workers’ compensation, disability benefits, severance payments, veteran’s benefits, and other forms of income.
A parent may try to hide income, structure a business to lower income, or delay a promotion until after the court case is complete. If a parent tries to avoid paying child support, the court may attribute income to the parent to calculate child support obligations. Loss of a job does not excuse a parent from paying child support. Contact your attorney immediately to discuss your options if you lose your job.
How Long Does Child Support Continue in Texas?
The Texas Family Code grants courts the authority to order one or both parents to support a child until:
- A child graduates from high school or turns 18, whichever occurs later;
- A child is legally emancipated through a court order, marriage, or by other operation of law; or,
- Until the death of a child.
If a child is disabled, child support payments may continue indefinitely. Visitation and child support are separate matters. Even if the court denies visitation with a parent, it can order that parent to pay child support payments.
Contact Us for a Free Consultation With an Austin Divorce Attorney
Do you have questions about child support obligations in Texas? Our Austin child support lawyers at the Law Office of Ben Carrasco, PLLC, work with you to ensure you pay or receive a fair share of child support. Contact our office today to schedule a free, confidential consultation with an Austin divorce attorney to discuss your situation.