One of the highest priorities for parents involved in a divorce proceeding in Texas is to ensure that Texas child support laws and Texas custody decisions are made with the best interests of the child in mind. In fact, the calculations for Texas child support payments are among the least complicated in the nation. However, the consequences for not obeying the child support orders issued by a Texas court are serious and can cause lasting difficulties for the obligor.
Texas Child Support Laws
There are a number of factors that may be considered when a couple divorces and their child custody orders and child support orders are determined. Those factors all stem from the basic consideration that all decisions should be made in the best interests of the child. In addition, however, when determining custody and child support, courts may consider such elements as the following:
- The child’s age and needs
- The parents’ ability to support the child, including income and expenses and earning capacity
- Childcare expenses the parents would incur in caring for the child
- Alimony amounts being paid or received by either parent
- Health care provisions
Along with these general guidelines, courts use a specific child support calculator to estimate the amount of child support that should be ordered in standard family situations without extenuating circumstances. In Texas, this calculator is fairly simple, with only a few elements that must be considered:
- The number of children involved
- The net income of the non-custodial parent
- The monthly health insurances costs which the non-custodial parent must supply for the child
The table for child support amounts is also fairly simple in Texas, with the following obligation generally assigned to any payer with a monthly income of $7,500 or less:
- 1 child – 20%
- 2 children – 25%
- 3 children – 30%
- 4 children – 35%
- 5 children – 40%
- 6 children or more – not less than 40%
If the obligor has a monthly income greater than $7,500, the court may order the base percentage assigned in the table plus any additional support payments not to exceed 100% of the child’s required monthly support amount.
The obligor is also required to maintain health insurance for the child under their employment health insurance plan. If they do not have such a plan, the custodial parent should obtain such insurance from their employment plan which will be paid for by the obligor. If neither parent has employment health insurance available to them, the obligor is required to provide health insurance as possible and affordable.
Getting Legal Help with Child Custody in Texas
It is important for couples to understand the laws governing child support payments in the state of Texas. They have strict guidelines for not only the amounts that obligors must pay, but also regarding the insurance coverage that must be provided. However, courts do have some leeway in assigning support orders to obligors with extenuating circumstances, such as a low income or special needs. In order to be sure those needs are met, it may be wise to consult a child support attorney who can help them present their case for adjusting that child support amount to best meet everyone’s needs.
