Child Support
Child support is defined as payments for the child’s care and welfare. Sometimes a lawsuit is required in order to establish child support. The Texas Family Code provides for child support calculations of the first $7,500 on the obligor’s net resources. The percentage of child support paid is calculated based upon the number of children.
| Number of Children | Percentage of Monthly Net Resources |
|---|---|
| 1 child | 20% of obligor’s net resources |
| 2 children | 25% of obligor’s net resources |
| 3 children | 30% of obligor’s net resources |
| 4 children | 35% of obligor’s net resources |
| 5 children | 40% of obligor’s net resources |
| 6 + children | Not less than the amount for 5 children |
Monthly Resources of the person paying child support is defined as all sources income of the obligor. It includes:
- 100% of all wage and salary income and other income for personal services (commissions, overtime pay, tips, and bonuses);
- Interest, dividends, and royalty income (this includes royalties from oil and gas interests);
- Self-employment income;
- Net rental income (rent-operating expenses and mortgage payments, but not non-cash items like depreciation);
- All other income actually being received.
- Social security taxes;
- Federal income tax based on the tax rate of a single person claiming one personal exemption and the standard deduction;
- State income tax;
- Union dues and;
- Expenses for health insurance coverage for the obligor’s child.
Wage Withholding
If the obligor is not self-employed but instead works for company a Wage Withholding Order may be a good way to ensure that the child support is paid regularly. A Wage Withholding Order is an Order issued by the Court directing the obligor’s employer to pay the amount owed directly to the Texas Office of the Attorney General. In turn this money is sent to the recipient. The payments can also be set up with direct deposit, which helps to eliminate any delays in receiving payments. An added benefit of directing payments to the Office of the Attorney General is that a record is made of all payments and if proof is ever needed of missed payments, it is readily available.
Enforcement
If a person owes child support but has not paid there are a number of ways to enforce the obligation. We can assist you in requesting the Court order the obligor to pay what is owed. There are a number of remedies available to gain cooperation from the obligor including contempt proceedings and license suspension, among others.
