The Law Office of Jean Fair – Waco Child Support Attorney – (254) 230-9865
If you are looking for a Waco child support attorney for either enforcement or defense, Jean Fair would be happy to assist you with any questions you may have. She regularly assists clients in McLennan, Bell, Brazos, and surrounding counties with child support issues.
Her rates are competitive for the Central Texas market. She offers hourly and/or flat-based fees based on the specifics of your case. Jean’s office accepts payment via cash, check, Visa, Mastercard, Discover, or American Express.
If you need a Waco child support attorney for either enforcement or defense, feel free to either call, text, or email Jean Fair.
Texas Child Support Overview
Calculating Child Support
According to Texas guidelines, child support amounts are typically based on income. In general, the state of Texas considers financial support of your child a joint responsibility between both parents. Although, when calculating the monthly amount of child support to be paid by the noncustodial parent, the state only considers the income of the noncustodial parent. Additionally, after a child support order has been issued, the courts may also order income withholding from a noncustodial parent’s income to secure the payment of child support. Texas courts will also order health insurance coverage for children and require the parents to split the cost of uninsured health care expenses for the child. If you have any questions as to where you are in the child support process, it would be wise to consult with a child support attorney in your area.
Essentially, child support is calculated as a flat percentage of the noncustodial parent’s income, taking into account allowable deductions, for each child. Largely, Texas courts presume that a custodial parent spends an equal percentage of their income directly to support their children. In most cases, the custodial parent’s income is not factored into the calculation of the noncustodial parents child support payments, unless there is evidence that not factoring this income in would not be in the best interest of the child.
Texas Child Support Percentages
Generally, in Texas, when the noncustodial parent has no other minor children, child support is based on a flat percentage, as follows:
- One Child — 20 percent of net resources
- Two Children — 25 percent of net resources
- Three Children — 30 percent of net resources
- Four Children — 35 percent of net resources
- Five Children — 40 percent of net resources
If you have children from previous relationships or households, the state of Texas utilizes a complex set of formulas and guidelines to determine a noncustodial parent’s child support payments. Without the assistance of an attorney or a state caseworker, it is difficult to calculate a noncustodial parent’s total support obligation as it first considers support for the children as if they all lived in one household, and then applies credits to the children who are not involved in the current child support proceeding.
Furthermore, it should be noted that the resources of either parent’s new spouse or cannot be used to factor into increasing or decreasing the noncustodial parent’s child support obligations. Texas courts have also been known to order lump sum, periodic payments in addition to monthly child support in some cases. In cases involving children from previous relationships, it is important to speak with a child support attorney if you have any questions regarding how future child support will be calculated.
Child Support Factors
While the official Texas child support guidelines set out in the Texas Family Code are presumed to be in the best interest of the child, courts rarely make a ruling that the standard guidelines do not apply and use a set of factors when considering the amount of child support. These factors are:
- Age and needs of the child;
- Ability of the parents to contribute to the child’s support
- Any financial resources available for the child’s support
- Duration and access to the child
- The net resources of the noncustodial parent, including the earning potential to pay support, if the noncustodial parent’s actual income is significantly less than what the parent could earn. This is especially a factor if the noncustodial parent is intentionally underemployed or unemployed.
- Childcare expenses necessary for the employment of either parent
- Whether a parent has child support expenses and custody of another child, in addition to expenses being paid or received for the care of another child
- the amount of spousal maintenance (alimony in Texas) being either received or paid
- Provisions for health care of the child
- Any provisions for health insurance
- Any health care or educational needs of the child, including college expenses
- Any benefits a noncustodial parent receives from an employer
- Any obligations or debts owed by the noncustodial parent
- Any wage and salary deductions of the parents
- Cost attributed for the noncustodial parent to visit the child
- Any positive or negative cash flow from any assets, including investments or businesses of the noncustodial parent
- Any extraordinary or special health care, educational, or other expenses of the parents or child
- Whether either parent has housing or a car furnishes by an employer or business
- Any other relevant factors