When navigating a divorce, one of the primary concerns for parents is how much child support they will be required to pay. Texas child support laws provide specific formulas and guidelines that judges use to determine the appropriate amount. This calculation is based on a percentage of the parent’s net income, depending on the number of children they are supporting.
Step 1: Determine Gross Income
To begin calculating net income, it’s essential to first determine your gross income. Gross income includes all sources of income. Consulting with a knowledgeable child support attorney in Austin can help you accurately identify the income that should be included. Common sources of income include wages, salary, bonuses, rental income, dividends, pensions, annuities, unemployment income, Social Security benefits, and any other forms of regular income. These amounts are then averaged to establish a monthly gross income.
Step 2: Determine Net Income
Once gross income is determined, certain deductions are subtracted to calculate net income, which is the basis for child support payments. In Texas, deductions may include federal income tax, Social Security tax, retirement contributions, union dues, health insurance premiums, and medical expenses. While Texas does not have a state income tax, if a parent earns income from another state, this may apply.
Step 3: Determine the Support Payment
After net income is calculated, it is multiplied by a percentage as outlined in the Texas Family Code’s child support guidelines:
- 20% of net income for 1 child
- 25% of net income for 2 children
- 30% of net income for 3 children
- 35% of net income for 4 children
- 40% of net income for 5 or more children
As of 2024, Texas has capped the net income considered for child support calculations at $9,200 per month. Any income above this amount is not considered in the standard calculation. However, the court may require additional child support if the child has special needs. An Austin child support lawyer can help assess whether additional factors could affect your case. These factors might include educational needs, childcare expenses, the net resources or earning potential of the parent receiving child support, spousal support obligations, and any debts taken on by either parent. If the paying parent is already making child support payments for other children from a different relationship, the court may reduce the amount owed.
How the Lawyer Referral Service Can Help
If you have questions or concerns about child support laws, the Lawyer Referral Service can connect you with an experienced child support attorney in Austin. For more information, call 512-472-8303, toll-free at (866) 303-8303, or fill out our online contact form.