In Texas, all parents have a legal duty to financially support their children. During a divorce, difficult decisions must be made to determine the amount of support required from each parent. Traditionally, the non-custodial parent is required to pay the custodial parent monthly child support in an amount that will consider that parent’s income and the needs of the child.
The amount of child support paid for your children will be determined either by both parents agreeing to an acceptable amount or, if they are unable to agree, then a court will issue an order on the subject. The courts rely on the guidelines set forth in the Texas Family Code, which lay out exact amounts owed based on the payor’s net income and how many children the payor is supporting.
The standard guideline support calls for a parent of one child to pay support in the amount equal to 20% of his or her net income. This amount increases to 25% for two children, 30% for three children, and continues to increase for each additional child, with a limit placed at 40% for five children or more. The support amount will deviate from this standard if the paying parent also supports additional children from another relationship.
While the guidelines are in place to help determine an appropriate amount of support, it is alternatively within your rights to come to an acceptable agreement of an amount outside of the guidelines. If the parties are unable to agree, then the court may issue an order establishing child support in your case.
Our skilled and knowledgeable attorneys will help find the best answer for you. If guideline support is not right, then let us come up with a creative solution more tailored to your family.
Here are a few things to consider when parents deviate from the guidelines:
Whether you are requesting child support or are being asked to pay it, our dedicated attorneys at Malik & Associates, PLLC, will be in your corner with the experience and knowledge to get you a fair outcome.