The court can order retroactive child support to be paid for the four years preceding the date of the support petition. The court will presume that four years of retroactive is in the best interest of the child.
In order to modify child support, a parent must have evidence that there has been a significant change in circumstances. A court may consider an adjustment in the case that a parent has lost their job, relocated internationally, or if the custody agreement itself has changed. The law in Texas with respect to domestic litigation is complicated and the court system can be difficult to maneuver. This article is only a brief review of some of the laws in Texas relating to child support and is not meant as a substitute for the advice of counsel.
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Office in Ridgeland, MS. A noncustodial parent must pay the full amount of support each month as ordered. If your order doesn't specify otherwise, a parent can pay child support in the form of cash, check, bank transfer, direct deposit, Zelle, or Venmo.
Once a child support order is in place, you can still ask a court or the Texas Attorney General's Office via the Child Support Review Process or CSRP to review it at any time if either parent experiences a material and substantial change in circumstances.
Usually, a substantial change is a significant shift in custody, job loss, or international relocation , but there can be other reasons. The threshold is lower if an order has been in place for three years or more. For more information on issues related to child support, see our section on Texas Divorce and Family Law.
The guidelines are also in the Texas Family Code Sections To enforce a child support order, visit the Texas Attorney General's Office website , or call the toll-free number The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.
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Find out how to calculate child support in Texas and how a support award can be modified or terminated. The Noncustodial Parent Pays Child Support In Texas, physical custody— meaning, the amount of time a parent spends with a child—determines who will make child support payments. How to Use the Texas Child Support Guidelines Calculating the amount of child support from the guidelines is a straightforward process, once you know the non-custodial parent's net monthly income.
Gross Income For child support purposes, income includes all wages, salary, commissions, military pay , tips, overtime, and bonuses. Net Income Once the figure for gross income is set, subtract the following also computed annually : Social Security taxes or, if the paying parent doesn't pay Social Security taxes, any mandatory retirement plan contributions federal income tax based on the tax rate for a single person claiming one exemption union dues health insurance premiums and other medical expenses for the child ren if the court ordered the paying parent to pay these expenses.
Number of Children Requiring Support Once you've established the noncustodial parent's net monthly income, multiply that number by a percentage that's determined by how many children the paying parent is supporting. To deviate from the guidelines, the court must consider a long list of factors listed in the Texas Family Code. Child support is just one of the many issues you will need to resolve when you get a divorce. We will negotiate and advocate on your behalf to help you get the outcome you want.
Call us at or message us online to schedule a free consultation. You can also use a Texas child support calculator to determine the amount of child support.
Identify Sources of Income If you have multiple sources of income, you may need to combine these to figure out your income for child support purposes. All income you actually receive counts toward this calculation, including: All salary and wage income, tips, overtime, bonuses, and commissions; Self-employment and business income; Royalty income, interest, and dividends; Retirement benefits, social security, and pensions; Disability, unemployment, and workers compensation benefits; Annuities, trust income, and capital gains; Gifts and prizes; Net rental income; Alimony; and Child support paid for children from another marriage.
Calculate Income Once the court adds all sources of income together, it will subtract the following items to calculate your net income: Federal and state income taxes; Social security taxes or non-discretionary retirement plan contributions; Union dues; and The amount you spend on health and dental insurance and uninsured medical expenses for the children.
Calculate Your Support Obligation There are two ways the court may calculate child support under the guidelines, depending on whether your net income is above a certain amount. Talk to a Divorce Attorney About Child Support in Texas Child support is just one of the many issues you will need to resolve when you get a divorce. Consultations We will do our best to accommodate your busy schedule. Request a consultation today! Request A Consultation.
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