Texas Child Support

When parents divorce or separate, they understand that they still need to care for their children, even when they still do not reside in the same household with them. When one of the parents fails to follow the law, or fails to do what is right, then you may need the services of a Texas private investigator such as Trinity Investigations. We specialize in family law cases, child support and in locating deadbeat parents. Often times, a parent may have moved to avoid their responsibility to try and indirectly harm the other spouse. They may have found new employment, or have other sources of income not initially disclosed. Whatever the reason, you and your child are owed the money provided by the court and the deadbeat parent should be made to pay. Call us today at 1-866-779-2237 for a free, discreet and confidential consultation regarding your particular situation. We have provided for your review, the following useful information regarding child support issues in Texas.

"The following information is provided for informational purposes only and should not be considered or relied upon as legal advice. You should consult with a competent attorney if you have any questions or need advice concerning any of these issues." You may also view the full text versions and the complete Texas Divorce laws at Texas Divorce Laws.

Child Support not Conditional Upon Visitation

Section 154.011 of the Texas Family Code

 

A court may not render an order that conditions the payment of child support on whether or not the other parent allows access to a child.

 

Calculation of Resources for Child Support

Sections 154.062 through 154.070 of the Texas Family Code

The court shall calculate net resources for the purpose of determining child support liability as provided by this section. Resources include:

(1) 100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);

(2) interest, dividends, and royalty income;

(3) self-employment income, including benefits allocated to an individual from a business or undertaking in the form of a proprietorship, partnership, joint venture, close corporation, agency, or independent contractor, less ordinary and necessary expenses required to produce that income. In its discretion, the court may exclude from self-employment income amounts allowable under federal income tax law as depreciation, tax credits, or any other business expenses shown by the evidence to be inappropriate in making the determination of income available for the purpose of calculating child support;

(4) net rental income (defined as rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation); and

(5) all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, disability and workers� compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, and alimony.

Resources do not include return of principal or capital, accounts receivable, or benefits paid in accordance with aid for families with dependent children. The court shall deduct the following items from resources to determine the net resources available for child support:

(1) social security taxes;

(2) federal income tax based on the tax rate for a single person claiming one personal exemption and the standard deduction;

(3) state income tax;

(4) union dues; and

(5) expenses for health insurance coverage for the obligor�s child.

If the actual income of the obligor is significantly less than what the obligor could earn because of intentional unemployment or underemployment, the court may apply the support guidelines to the earning potential of the obligor.

When appropriate, in order to determine the net resources available for child support, the court may assign a reasonable amount of deemed income attributable to assets that do not currently produce income. The court may assign a reasonable amount of deemed income to income-producing assets that a party has voluntarily transferred or on which earnings have intentionally been reduced.

In a situation involving multiple households due child support, child support received by an obligor shall be added to the obligor�s net resources to compute the net resources before determining the child support credit or applying the percentages in the multiple household table in this chapter.

Deviation from Child Support Guidelines

Section 154.122, 154.123, and 154.124 of the Texas Family Code

The amount of a periodic child support payment established by the child support guidelines in effect in this state at the time of the hearing is presumed to be reasonable, and an order of support conforming to the guidelines is presumed to be in the best interest of the child. A court may determine that the application of the guidelines would be unjust or inappropriate under the circumstances. In determining whether application of the guidelines would be unjust or inappropriate under the circumstances, the court shall consider evidence of all relevant factors, including:

(1) the age and needs of the child;

(2) the ability of the parents to contribute to the support of the child;

(3) any financial resources available for the support of the child;

(4) the amount of time of possession of and access to a child;

(5) the amount of the obligee �s net resources, including the earning potential of the obligee if the actual income of the obligee is significantly less than what the obligee could earn because the obligee is intentionally unemployed or underemployed and including an increase or decrease in the income of the obligee or income that may be attributed to the property and assets of the obligee;

(6) child care expenses incurred by either party in order to maintain gainful employment;

(7) whether either party has the managing conservatorship or actual physical custody of another child;

(8) the amount of alimony or spousal maintenance actually and currently being paid or received by a party;

(9) the expenses for a son or daughter for education beyond secondary school;

(10) whether the obligor or obligee has an automobile, housing, or other benefits furnished by his or her employer, another person, or a business entity;

(11) the amount of other deductions from the wage or salary income and from other compensation for personal services of the parties;

(12) provision for health care insurance and payment of uninsured medical expenses;

(13) special or extraordinary educational, health care, or other expenses of the parties or of the child;

(14) the cost of travel in order to exercise possession of and access to a child;

(15) positive or negative cash flow from any real and personal property and assets, including a business and investments;

(16) debts or debt service assumed by either party; and

(17) any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents.

To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreement containing provisions for support of the child and for modification of the agreement. If the court finds that the agreement is in the child�s best interest, the court shall render an order in accordance with the agreement. If the court finds the agreement is not in the child�s best interest, the court may request the parties to submit a revised agreement or the court may render an order for the support of the child.