Child Support

     In Texas, whenever there is a divorce with children, the Petition for Divorce will include a Suit Affecting the Parent Child Relationship (SAPCR) One of the purposes of this suit is to determine who will pay child support and in which amount. If the parents of a child are not married an independent SAPCR may be filed.

     In a standard situation the possessory conservator pays the child support to the primary conservator and is also obligated to pay or maintain health insurance for the children.

     The Family Code provides a set of guidelines to establish child support which are considered to be in the best interest of the child. The amount of child support may be established by the agreement of the parties with approval of the Court, or the Court may order a specific amount. The Court follows the guidelines but may deviate from them if applying them would be unjust or inappropriate considering the circumstances.

     Some of the factors a court may consider are the age and needs of the child, the ability of the parents to contribute to the support of the child, child care expenses, special needs or extraordinary education, health, or other expenses. The list of factors is not exhaustive, and proving or challenging them is not as easy as it seems.

Guideline Amounts for Child Support

     The guideline amount of child support is applied to the net resources of the person who will be making the payments. Please note that net resources is not necessarily the amount reflected in the person's paycheck. The Child Support Office of the Attorney General publishes a set of charts to calculate the net income.

     The guideline percentage amount is applied to obligor whose net monthly income does not exceed $7,500. If the obligor's net income is more than $7,500, the guidelines are to be applied to the first $7,500 and the Court may order additional amounts as appropriate.

     Basically, the amount of guideline child support is 20% of the net income for 1 child, 25% for 2 children, 30% for 3 children, 35% for 4 children, 40% for 5 children, and for 6 or more children not less than the amount for 5 children.

   If the obligor has more dependent children that are in a different household, tan alternative method of computing the support is used.

     If you have a child support case in Travis, Williamson, or contiguous counties, or if you have a child support case with the Office of the Attorney General, call us, we can represent you to make sure your child's best interests are truly served.