In a divorce is there any way to determine how much child support will I collect or have to pay?
Yes. Child support normally is set according to a formula and the specifics should be discussed with a lawyer at Kersh Law Firm, P.C. However, under Texas law, child support is presumed to be proper if set at the following percentages:
20% of net resources for 1 child
25% of net resources for 2 children
30% of net resources for 3 children
35% of net resources for 4 children
40% of net resources for 5 children
Not less than 40% for 6 or more children
Net resources include salary, commissions, overtime, tips, bonuses, dividend income, self-employment income, net rental income, severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, interest income, gifts, prizes, spousal maintenance and alimony.
In determining net resources, the court will take the total amount of money received from all sources and deduct social security taxes, federal taxes using only one deduction, state income tax, union dues and the cost of the child’s health insurance. The court will consider if the parent paying support has other children to support, which will usually entitle the paying parent to a discount. The court may also consider other factors when setting a child support amount, which should be discussed with an attorney.
The court will order health insurance to be provided for the child. The parent paying child support is generally the parent ordered to provide health insurance. Both parents are usually ordered to share payment of medical expenses which are not paid by the insurance company.
As a result of a divorce will child support come directly from the other parent, or will it be withheld from their wages, and how often will I receive or have to pay it?
Normally, the court will order that the child support be paid monthly or semimonthly. Unless the parties agree or the court finds a good reason not to, the child support will be deducted from the paycheck of the parent paying support. This is called wage withholding.
If I receive child support will it be paid directly to me?
Typically, child support is ordered to be paid through the state child support disbursement office. However, it will be in the parties best interest to make and keep records of child support paid or received, either through the child support office or if paid directly to the receiving party.
What if the other parent doesn’t pay court ordered child support?
You may ask the court for help in enforcing the order. Enforcement of court orders is a separate motion filed in the court of continuing jurisdiction. The grounds for a enforcement in child support can be complex and should be discussed with a lawyer at Kersh Law Firm, P.C.