New Texas Child Support Changes - Effective 09/01/2013
Effective September 1, 2013, the Texas Child Support Division of the Attorney General will be increasing the cap on net resources for child support calculations. The cap will increase from the current $7,500 to $8,550.
The increase will affect any child support case filed or pending after September 1, 2013.
Sample Comparison - Support Obligation
||# of Children
|On or Before 08/31/2013
*Net income using AG's tax charts
How much does one have to pay for child support (Cap Amount Will Increase 9/1/2013)?
The Texas Family Code has guideline percentages which apply to the first $8,550.00 of the non-custodial parent’s monthly net resources. If the child has proven special needs, then additional support may be warranted.
What are the guideline percentages?
The following percentages are presumed to be appropriate under the Texas Family Code:
Child Support Guideline Percentages
|Number of Children
||20% of the obligor’s net resources
||25% of the obligor’s net resource
||30% of the obligor’s net resources
||35% of the obligor’s net resources
||40% of the obligor’s net resources
|6 or more
||Not less than 40% of the obligor’s net resources
When it comes to child support, how does the court calculate net resources?
The Texas Courts use the total amount of money received by the person obligated to pay child support from all of the sources listed above and then subtracts social security taxes and federal taxes (using one deduction), state income tax (if any), union dues, and the cost of the health insurance for the child.
What if the person who should pay child support is not working?
The Texas Court will still order a minimum amount of child support to be paid each month.
Will the Court waive the child support requirement if my spouse agrees to it?
Some courts will not allow the parties to waive child support requirement even if the parties are in agreement. Generally, the right to "waive" the support is construed to belong to the child and not to the parent with whom the child lives. Since the child is not competent to make this kind of decision, the Court is very reluctant to allow child support to be waived.
What is a wage withholding order?
It’s an order provided to the obligor’s employer which results in an automatic deduction of the child support from the obligor’s paycheck. That money is then forwarded to the Texas State Disbursement Unit in San Antonio, which, in turn, sends the payments to the obligee.
How is child support enforced?
The decree of divorce must have specific language on the amount of child support to be paid, who is to pay the support, who the support is payable to, where and how it is to be paid, and when it is to be paid.
If specific language is not contained in your decree, you will have to file an enforcement action with the court if your former spouse becomes delinquent on child support payments. The court has the authority to issue a wage-withholding order (if one has not already been issued by the court) to deduct child support from the obligor’s earnings.
Will the court order back Child Support?
If you qualify for retroactive child support, the Texas Courts may sign an order specifying the amount, interest rate and total time for the obligor to pay back the past due amount.
Read More: Retroactive Child Support in Texas.
I have two children from my previous marriage that I am currently paying child support on. Does the court take that into consideration when setting the amount of child support that I have to pay for my child with my soon-to-be ex-wife?
Yes. Instead of using the regular percentages, the Texas Court may reduce the amount of child support by giving consideration to the number of children before the Court and the number of other children for whom the obligor has a duty of support.