Deviating from Texas Child Support Guidelines

The amount of child support based on the statutory percentage applied to an obligor’s monthly net resources is presumptive, but a court may vary from the guidelines amount – upward or downward – based on a number of different factors.

Relevant factors (not an exhaustive list) may include:

• The age and needs of the child;
• The child’s educational expenses beyond secondary school;
• Payment of health insurance or uninsured medical expenses for the child;
• Extraordinary educational, healthcare or other expenses of the parents or the child
• Whether either parent has managing conservatorship or possession of another child;
• Each party’s period of possession of and access to the child;
• Travel costs for exercising possession of and access to the child;
• Child care expenses;
• Each parent’s respective ability to contribute to the child’s support;
• Debts assumed by either parent;
• The net resources of the obligee (the parent receiving child support); or
• The amount of alimony or spousal maintenance paid  or received by a parent.

The court has broad discretion to vary from the amount of child support under Texas statutory guidelines for any reason it finds in the child’s best interest.  As a result, variation from the Texas statutory guidelines is not automatic, although courts are encouraged to consider the totality of circumstances of the child and the parents in reaching a decision concerning the amount of child support in each case.

By:  Cynthia W. Veidt, Attorney

Applying Texas Child Support Guidelines to My “Net Resources”

Once you have determined your “monthly net resources” by adding all sources of income or assets you receive in a year, divided by twelve, and deducting the permitted items, you must next determine what percentage of those monthly net resources should be paid as child support.

Texas has two different charts for determining the appropriate percentage – one applies when all of the obligor’s children who require support live in one household.  The other chart applies when the obligor has children living in more than one household.

So, for example, if you have one child, the amount of your child support for that child would be 20% of your monthly net resources under Section 154.125 of the Texas Family Code (as of 2012). 

However, if you had one child (Albert) living in one household, and a second child (Beth) living in another household, the amount of your child support for Albert would be 17.5% of your monthly net resources, under the chart set forth in Section 154.129 of the Texas Family Code, because you would receive a credit for child support that you owe to Beth.

Obviously, things become very complicated very quickly if you have multiple children living in many different households. In these situations, it is a good idea to consult with a family lawyer to help you determine what amounts of child support you would owe to each individual child under Texas’ statutory guidelines.

Blog by Cynthia W. Veidt

Texas Child Support Guidelines: What are My “Net Resources?”

Texas applies a percentage formula to the “monthly net resources” of one parent or conservator (called the “obligor”) to determine the amount of child support under statutory guidelines. The percentage changes based on the number of children involved, as will be discussed in a future topic in this blog.

To begin, what are your “monthly net resources?”

“Net resources” include the sum of all sources of income or assets from which income could be derived in a given year. So, “net resources” will include your wages, salary, overtime pay, tips, commissions, bonuses or any other compensation received for your personal services (regardless of whether you are self-employed).

It will also include any severance pay, retirement pay, pension income, social security benefits (other than supplemental security income), unemployment benefits, disability or workers’ compensation benefits, alimony, spousal maintenance, rental income from real or personal property, interest income, stock dividends, royalty income, capital gains, trust distributions, annuity income, gifts and prizes.

This list is not all-inclusive – if you received money, it will most likely be included in your “net resources” unless it falls within a specific exception recognized by the Texas Family Code. Those exceptions include: the return of capital or the return of principal owed to you on a note; accounts receivable; certain welfare benefits (such as food stamps or WIC benefits), foster-care payments, and your spouse’s income. 

From your “monthly net resources,” you may subtract a limited number of items: (a) social security taxes; (b) federal income taxes based on the tax rate for a single person claiming one personal exemption and the standard deduction; (c) state income taxes, if any; (d) union dues; (e) expenses for health insurance coverage for your child; and (f) cash medical support for your child.  You cannot subtract any deductions for contributions to an individual retirement account or 401(k) plan, insurance coverage for persons other than your child, employee stock purchases or similar items. 

By: Cynthia W. Veidt

Child Support in Texas: So Many Questions!

Every week, it seems that several people ask me what they ought to be paying in child support, or how to change the amount of child support in their case. Child support is one of the most hotly contested matters in many Texas divorces, and often remains a bone of contention until the child is no longer eligible for child support.

In a series of topics in this blog, we’ll go over some of the most frequently asked questions about child support in Texas. The answers will be generic; you should always consult a family lawyer about the facts concerning your specific situation before making any decisions about setting, modifying or enforcing child support in your case.

By:  Cynthia W. Veidt, cindy@lpvlaw.com

School Days: How Does “School” Affect My Texas Possession Schedule?

Most Standard Possession Orders (SPO) in Texas make specific reference to weekends extended by student holidays and teacher in-service days, or set the beginning and end of periods of possession by a parent at the time that “school” begins or ends.  But which “school” calendar controls these matters?

Unless defined differently in the specific possession order or divorce decree, “school” in a Texas SPO means either:

1. the primary or secondary school in which the child is enrolled, or  
2. if the child is not enrolled in school, the public school district in which the child primarily resides.

So, for children who are too young to attend school, parents should refer to the calendar for the school district in which the child would attend public school based on his or her primary residence (as established by the parent with the exclusive right to designate the child’s primary residence). 

For children attending private school, or who go to a school outside their “regular” district, parents should follow the calendar of the school in which their child is actually enrolled.

However, when all else fails, parents should remember that they can agree upon a different definition of “school,” and they can always agree to alter the standard possession schedule so that it makes practical sense for themselves and their child. Such agreements should be documented in writing, and signed by both parents to avoid any future disagreements or confusion.

By:  Cynthia W. Veidt