Child Support Attorneys in Pearland

Determining Child Support

Child support normally is set according to a formula, and the specifics should be discussed with a lawyer at Kersh Law Firm, P.C.. 

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. Yes, 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 ordered to pay child support is generally the parent who is required to provide health insurance. Both parents are usually ordered to share the cost of medical expenses not covered by the insurance company.

Child Support FAQs

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 both parties’ best interests to keep records of child support paid or received, whether through the child support office or directly to the receiving party.

What is the standard pay schedule?

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.

What if the paying 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 enforcing child support can be complex and should be discussed with a lawyer at Kersh Law Firm, P.C..