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CHILD SUPPORT GUIDELINES BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
| 1 child |
20% of Obligor's Net Resources |
| 2 children |
25% of Obligor's Net Resources |
| 3 children |
30% of Obligor's Net Resources |
| 4 children |
35% of Obligor's Net Resources |
| 5 children |
40% of Obligor's Net Resources |
| 6+ children |
Not less than the amount for 5 children |
The parent ordered to pay child support is known in family law as the "obligor". The parent who is ordered to receive child support payments is known as the "obligee."
If the Obligor has children from another relationship(s), the percentages listed above may be reduced, demonstrated by the following chart:
| |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
| Number of other children for whom the obligor has a duty of support |
0 |
20.00 |
25.00 |
30.00 |
35.00 |
40.00 |
40.00 |
40.00 |
| 1 |
17.50 |
22.50 |
27.38 |
32.20 |
37.33 |
37.71 |
38.00 |
| 2 |
16.00 |
20.63 |
25.20 |
30.33 |
35.43 |
36.00 |
36.44 |
| 3 |
14.75 |
19.00 |
24.00 |
29.00 |
34.00 |
34.67 |
35.20 |
| 4 |
13.60 |
18.33 |
23.14 |
28.00 |
32.89 |
33.60 |
34.18 |
| 5 |
13.33 |
17.86 |
22.50 |
27.22 |
32.00 |
32.73 |
33.33 |
| 6 |
13.14 |
17.50 |
22.00 |
26.60 |
31.27 |
32.00 |
32.62 |
| 7 |
13.00 |
17.22 |
21.60 |
26.09 |
30.67 |
31.38 |
32.00 |
If the obligor's net resources exceed $6,000.00 per month, the Court is required to presumptively apply the above percentages to the first $6,000.00 of net resources. Without further reference to the percentage, the court has discretion to order additional amounts of child support considering what the court believes to be in the child's best interest.
In addition to monthly child support payments, the obligor can be required to maintain the child on the obligor's employment health insurance policy. If insurance is not available through the obligor's employment, but is available through the obligee's employment, the obligor will be ordered to pay the premium costs. If insurance is not available through either parties' employment, the obligor will be ordered to provide insurance coverage to the extent available and affordable.
Additionally, the Court usually makes orders regarding the reimbursement and dividing the responsibility to pay deductibles and other uninsured expenses not covered by the insurance plan. Typically, these expenses are shared equally between the parties 50/50.
The Family Code now requires all orders dealing with child support must have a Withholding Order. The Withholding order is the document which is delivered to the obligor's employer and requires the obligor's employer to deduct the court-ordered child support payments directly from the obligor's paychecks.
Absent marriage or other acts which would emancipate the child, child support orders typically continue until the child reaches age 18. There is an exception if the child is still in high school when they reach age 18, the Family Code requires that the child support payments continue until high school graduation. Another exception exists if the child is disabled or has other special care needs, in which case it is possible for the court to order child support for an indefinite period.
Texas law makes no provision for support during college or the payment of college expenses. However, often times parties accomplish this through negotiation. If an agreement is reached, the parties either enter into a private contract or incorporate their agreement into the decree of divorce.
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