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Child Support

Determining the amount of child support in Texas is based on a statutory calculation.  The amount a person pays in child support is a percentage of their income, which fluctuates based on the number of minor children that person has to support.  The goal of this statutory calculation is to ensure that people across Texas generally pay the same amount in child support, if they make the same amount of money.  Child support is calculated by taking the average gross monthly income and subtracting the federal income rate for a single person, taxes, and the cost of health and dental insurance for the children. Based on this calculation, a percentage of the parent’s net resource income is set as child support by state law, as long as their net resource income is $9200 or less.  For persons with a net resource income of over $9,200 per month, there is a statutory cap on the amount of child support he or she must pay.  But you don’t have to do the math, as the Office of the Attorney General has a child support calculator online that you can find here:  Monthly Child Support Calculator | Office of the Attorney General – Texas

Child support disputes can occur during a divorce, through a modification suit filed by one of the parents, or through a suit brought by the Attorney General of Texas.  While some child support issues cannot be contested, issues can and do arise which may greatly affect how much a person may pay in child support.  Contact one of our experienced attorneys if you have questions about what a proper amount of child support should be.

IMPORTANT NOTES:   The payment of child support is legally separate from the right to have access and possession of the child.  Failure to pay child support does not give the custodial parent the right to withhold visitation, and failure to permit visitation does not excuse the non-custodial parent from paying child support.  Non-payment of child support is one the few, if not the only, debts in Texas for which you might land in jail if not properly paid.

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