With divorce or separation comes many changes, but one thing remains constant: the parents’ obligation to support their children – both financially and emotionally.
The Texas Family Code
The Texas Family Code contains guidelines for the calculation of child support. The Court will first determine which parent is obligated to make child support payments. The Court will then analyze the statutory guidelines.
The guidelines apply to situations where the obligated parent’s net monthly resources are $7,500 or less. The term “net resources” is defined very broadly and includes all types of income and resources.
In cases where the obligated parent’s net monthly resources are $7,500 or less, the Court applies the following schedule:
- 1 Child – 20% of net resources
- 2 Children – 25% of net resources
- 3 Children – 30% of net resources
- 4 Children – 35% of net resources
- 5 Children – 40% of net resources
- 6+ Children – not less than 40% of net resources
If the obligated parent has children from other relationships, then the above percentages may be reduced. Also, if the obligated parent’s net monthly resources exceed $7500, the Court may order additional child support to be paid.
In addition to monthly child support payments, the obligated parents is typically required to provide health insurance for the child or children. If insurance is not available through the obligated parent’s employer, but it’s available through the employer of the other parent, then the obligated parent will likely be responsible for payment of the premiums.
If neither parent has health insurance available through their employer, then the obligated parent will likely be ordered by the Court to provide health insurance to the extent that it is available and affordable.
Modification of Child Support
At any time during this period of obligation to pay child support, if there is a substantial change in the circumstance for the obligated parent, then a petition may be made to the Court to review and modify child support.