Texas Child Support Guidelines Change – Effective 09/01/2013
On September 1, 2013 Texas law changed in respect to child support guidelines. In Texas, the legislature promulgates a series of guidelines to help determine the appropriate amount of child support that should be paid by the child support obligor. While the guidelines are not absolute and it is possible to receive above guideline child support, the guidelines do form the basis of most child support determinations in Texas.
Under the child support guidelines, the obligor must pay a certain percent of his/her ‘net’ monthly income in child support. It is important to remember that net income as defined for child support is different than actual ‘take home pay’ for most people. Previously, the amount of ‘net income’ considered under the guidelines was capped at $7,500 per month. Even if a parent made $50,000 per month, under the guidelines, only the first $7,500 would be considered as ‘net income.’ For example, for if there was one child, the parent paying child support would be required to pay 20% of no more than $7,500 under the guidelines, or about $1,500 per month in child support. This is often referred to as ‘max’ guideline child support.
As of September 1, 2013, the cap increased to $8,550 per month and the first $8,550 of net monthly income will now be considered for child support. In the example above, child support for one child would increase from $1,500 per month to $1,710 under the new guidelines. In order to determine whether you are eligible to pay or receive ‘max’ child support, it is important to refer to the tax charts calculated by the Office of the Attorney General. Under the tax charts, a person makes $8,550 ‘net monthly income’ if they make $11,828.81 in gross income per month, or about $141,945.72 gross per year. The previous cap reflected a gross annual income of about $124,086. A change in child support amount does not happen automatically, if you are currently receiving ‘max’ guideline child support or believe you may be eligible, please contact the Ramos Law Group, PLLC to discuss modifying your support order to reflect the new law.
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