Portrait of John K Grubb

Texas Divorce and Prenuptial Agreement

4550 Post Oak Place, Suite 201 • Houston, Texas 77027-3139

Phone: 713-877-8800 • Fax: 713-877-1229

Determining Your Texas Child Support Payment

Most divorcing couples start planning for their economic future as a single person as soon as they make their first visit to a divorce attorney. You’ll make many lists to give to your attorney such as shared assets and making decisions about what assets are most important to you in your divorce settlement. Anticipation of future income and expenses will affect many of your financial decisions.

If you are the non-custodial parent of your children, you need an idea how much you will give your former spouse each month in child support. You want to make sure that you include child support in your monthly expenses when you make those important decisions to ensure your financial future. You will be paying child support until your children turn 18 and graduate from high school, your child marries, enlists in the military, or becomes emancipated. You might have to continue child support payments indefinitely if your child is physically or mentally disabled.

Houston Family Courts always act in the best interests of the children, and Texas has developed a specific formula to calculate child support. Texas views both parents as having the duty to nurture and support their children, even if they no longer are married. As such, Texas takes the stance that it’s in the children’s best interest if both parents continue to share the child rearing responsibilities.

Fortunately, Texas makes estimating your monthly child support payments relatively easy.

Texas’ Child Support Formula

Texas’ child support formula is based on the net income of the non-custodial parent. Income for child support is similar to what you report as gross income on your IRS returns.

  • Your salary and wages including tips, overtime, commissions, and bonuses
  • Interest, dividends, rental income, and royalties
  • Self-employment income
  • Retirement income
  • Disability
  • Prizes, gifts

After your gross income is determined, there are a few things that are subtracted to arrive at your net income.

  • FICA (Federal Insurance Contributions Act) or your social security and Medicare
  • Federal income taxes
  • Union dues
  • The amount of health insurance and other medical expenses you pay for your children under the court order

Child support is only calculated on the first $7,500. If you remarry, your spouse’s income will not be considered when determining child support payments. Only the non-custodial parent of the children is required to pay child support.

The percentage of your net income that will be awarded as child support is applied as

  • 20% of net income for the first child
  • 25% of net income for the second child
  • 30% of net income for the third child
  • 35% of net income for the fourth child
  • 40% of net income for the fifth child
  • Not less than 40% for 6 or more children

If your net income is more than $7,500 per month, the Court can order that you pay additional child support, but only if the circumstances warrant an additional amount. Keep in mind that child support is just that – to make sure that parents adequately provide for their children’s needs. The Courts will not require you to pay more than “the proven needs of the child”.

John K. Grubb & Associates, P.C.
Houston Divorce Attorneys

No Comment

Comments are closed.