LAW OFFICE OF S.M. BUSH 832.237.3600 "PROVIDING EQUAL ACCESS TO LEGAL SERVICES" |
Paying for the Care of Children under Texas Law
Texas law provides for specific ways of determining the amount of monthly child support. The
law as currently written determines the amount per a simple calculation. Generally, child
support is calculated by taking the amount of net monthly income of the person who must pay
child support and multiplying this number by a set percentage shown in the law itself (20% for
one child, 25% for two children, 30% for three children, and so on).
To determine net monthly income, the Texas Family Code determines how many and how
much the monthly deductions are to determine gross monthly net income. Obligors are entitled
to deduct from their paycheck (1) FICA and (2) Social Security Taxes as well as (3) the cost of
maintaining health insurance for the children before the monthly child support amount is
calculated.
The amount of child support will be reduced if the obligor has other children that are not before
the court and the person has a legal responsibility to pay their child support.
What Happens if You Do Not Pay Your Child Support?
In Texas, the penalties for not paying child support are severe. They includes civil penalties,
attorney’s fees, judgment liens on a person’s house (even if they are re-married), liens on
federal income tax refunds, and ultimately jail terms. You can be jailed for not paying your
child support.
What if you can’t afford the child support payments?
If you are paying child support and your income changes to the point that you can not afford to
pay your monthly child support obligation you need to contact a lawyer to lower your child
support.
Can the Support Be Cut to a Lower Amount? Can the Support Amount be increased?
Yes to both. The request might be to increase or to decrease the amount of child support;
therefore, either parent (the paying parent or the receiving parent) may be the party requesting
the change. However, their request has to be made with evidence of change. Being unhappy
with the amount of child support isn’t enough – under the law, you must show specific facts
before the judge will change the amount of money that must be paid each month.
What must be shown to change child support?
Before a Child Support Order will be altered by a judge, there must be a change in
circumstances to justify entering a new order -- and the change is 20% or more (or the support
changes by $100 when calculating guideline child support), then the law will find this is
sufficient change in circumstance for a new Child Support Order to be entered. (A lesser
amount – less than 20% -- might warrant a new order, but that would be up to the particular
judge’s discretion.) If a parent ordered to pay child support becomes unemployed, a
modification order may be entered, as well.
Another example of a change warranting a modification in child support would be a change in
the needs of the child. As children grow, the financial cost of raising them increases. It is
more expensive to parent a teenager than an infant. So as the child ages, a modification in
child support may be granted.
Texas law provides for specific ways of determining the amount of monthly child support. The
law as currently written determines the amount per a simple calculation. Generally, child
support is calculated by taking the amount of net monthly income of the person who must pay
child support and multiplying this number by a set percentage shown in the law itself (20% for
one child, 25% for two children, 30% for three children, and so on).
To determine net monthly income, the Texas Family Code determines how many and how
much the monthly deductions are to determine gross monthly net income. Obligors are entitled
to deduct from their paycheck (1) FICA and (2) Social Security Taxes as well as (3) the cost of
maintaining health insurance for the children before the monthly child support amount is
calculated.
The amount of child support will be reduced if the obligor has other children that are not before
the court and the person has a legal responsibility to pay their child support.
What Happens if You Do Not Pay Your Child Support?
In Texas, the penalties for not paying child support are severe. They includes civil penalties,
attorney’s fees, judgment liens on a person’s house (even if they are re-married), liens on
federal income tax refunds, and ultimately jail terms. You can be jailed for not paying your
child support.
What if you can’t afford the child support payments?
If you are paying child support and your income changes to the point that you can not afford to
pay your monthly child support obligation you need to contact a lawyer to lower your child
support.
Can the Support Be Cut to a Lower Amount? Can the Support Amount be increased?
Yes to both. The request might be to increase or to decrease the amount of child support;
therefore, either parent (the paying parent or the receiving parent) may be the party requesting
the change. However, their request has to be made with evidence of change. Being unhappy
with the amount of child support isn’t enough – under the law, you must show specific facts
before the judge will change the amount of money that must be paid each month.
What must be shown to change child support?
Before a Child Support Order will be altered by a judge, there must be a change in
circumstances to justify entering a new order -- and the change is 20% or more (or the support
changes by $100 when calculating guideline child support), then the law will find this is
sufficient change in circumstance for a new Child Support Order to be entered. (A lesser
amount – less than 20% -- might warrant a new order, but that would be up to the particular
judge’s discretion.) If a parent ordered to pay child support becomes unemployed, a
modification order may be entered, as well.
Another example of a change warranting a modification in child support would be a change in
the needs of the child. As children grow, the financial cost of raising them increases. It is
more expensive to parent a teenager than an infant. So as the child ages, a modification in
child support may be granted.
| OFFICE INFO: 832. 237.3600 (PHONE) 832.237.3619 (FAX) 9:30 - 4:30 P.M., M-T 9:00-1:00 Friday WEEKEND & AFTER HOURS APPOINTMENTS ARE AVAILABLE (OFFICE HOURS) 9601 JONES ROAD, SUITE 222 HOUSTON, TEXAS 77065 (MAIN OFFICE) |
Neither by accessing this site or by
reviewing its contents has an attorney
client relationship been formed or
established, and nothing contained in
this site shall constitute the giving or
rendering of legal advice or be
construed as a legal opinion, or
guarantee of a particular resolution of a
legal problem. Information is provided
as a public service, and is not intended
to be a substitute for legal counsel.
The information provided is general in
nature and may not apply to you or
your circumstances, particularly if you
do not live in Texas. You should not
decide to take any action or refrain
from action based upon this information
only.
Under no circumstances should you
make legal decisions based upon the
information provided on this web site.
You should consult an attorney in
person before making any important
decision involving a legal matter.
reviewing its contents has an attorney
client relationship been formed or
established, and nothing contained in
this site shall constitute the giving or
rendering of legal advice or be
construed as a legal opinion, or
guarantee of a particular resolution of a
legal problem. Information is provided
as a public service, and is not intended
to be a substitute for legal counsel.
The information provided is general in
nature and may not apply to you or
your circumstances, particularly if you
do not live in Texas. You should not
decide to take any action or refrain
from action based upon this information
only.
Under no circumstances should you
make legal decisions based upon the
information provided on this web site.
You should consult an attorney in
person before making any important
decision involving a legal matter.
| 9601 JONES ROAD, SUITE 222, HOUSTON, TEXAS 77065 (PRINCIPAL OFFICE) 723 MAIN STREET, SUITE 423, HOUSTON, TEXAS 77002 (DOWNTOWN OFFICE) 832.237.3600 (PHONE) • 832.237.3619 (FAX) • INFO@LAWOFFICEOFSMBUSH.COM (EMAIL) |
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| CHILD SUPPORT |