About Child Support
During a divorce, both spouses are usually concerned about how they are going to make ends meet once living alone. Two residences necessarily means a doubling of all related expenses. The party who is taking the children is worried about how he or she is going to provide for the children, even with child support. Children are expensive. The spouse who is obligated to pay support may want to be provide for the needs of his children, but is concerned about the financial burden.
Texas Law is clear that both parents are obligated to provide for the children. In the event that one party refuses to give support, the Attorney General is authorized to prosecute the matter. In the state of Texas, child support is presumptively determined by a formula that evaluates the net resources of the non-custodial parent, or the parent who is obligated to pay, multiplied by a certain percentage depending on the number of children and other support obligations. This formula is presumptively valid, but in the case where a child has certain characteristics that make him more costly to care for, the court can order higher support payments.
CALCULATING CHILD SUPPORT IN TEXAS
Child support is calculated based on total net resources. For many people, net resources is salary less taxes and union dues. However, total income is not restricted to salary, commissions and bonuses or self-employment income. When the court looks at total income, it includes all sources such as:
- Unemployment or disability benefits
- Social security
- Trust income
- Income from investments and property
- Capital gains
Proper calculation of net resources is important. Without including every source of income, child support obligations may be seriously under estimated. As well, some income is sporadic or temporary. A spouse that is obligated to pay a certain amount based on current income may find himself severely burdened in the future, when his income changes. In such cases, a modification of child support may need to be filed.
It is always best to get it right in the first place. No matter which side you are on, you need an experienced and dedicated divorce and child modification lawyer who can make sure your rights are protected. Call us today if you are going through a divorce or are fighting a suit affection the parent child relationship. We can immediately help you!