Texas Child Support Guidelines

Texas family law attorneys are keenly aware of the child support percentage guidelines set out in the Texas Family Code, which prescribe a mathematical formula for calculating child support.  These percentage guidelines come up in virtually 100% of all family law cases involving issues of child support.

The statutory guidelines set out in §154.123 of the Texas Family Code are legally presumed to be in the best interest of the child.

In Bexar County especially, attorneys are often resigned to the premise that "child support is what it is," and that not much can be done about it. 

However, the truth of the matter is that the Texas Family Code contains a number of provisions allowing a judge to set child support above or below the statutory guideline amounts.  §154.123 of the Texas Family Code, which is entitled "Additional Factors for Court to Consider," sets out 17 separate things the Court must consider in determining whether application of the guidelines would be unjust or inappropriate under the circumstances.

The 17 factors the Court must consider are:

(1)  the age and needs of the child;

(2)  the ability of the parents to contribute to the
support of the child; 

(3)  any financial resources available for the support
of the child;       

(4)  the amount of time of possession of and access to a
child;            

(5)  the amount of the obligee's net resources,
including the earning potential of the obligee if the actual income
of the obligee is significantly less than what the obligee could
earn because the obligee is intentionally unemployed or
underemployed and including an increase or decrease in the income
of the obligee or income that may be attributed to the property and
assets of the obligee;

(6)  child care expenses incurred by either party in
order to maintain gainful employment;

(7)  whether either party has the managing
conservatorship or actual physical custody of another child;

(8)  the amount of alimony or spousal maintenance
actually and currently being paid or received by a party;

(9)  the expenses for a son or daughter for education
beyond secondary school;

(10)  whether the obligor or obligee has an automobile,
housing, or other benefits furnished by his or her employer,
another person, or a business entity;

(11)  the amount of other deductions from the wage or
salary income and from other compensation for personal services of
the parties;

(12)  provision for health care insurance and payment
of uninsured medical expenses;

(13)  special or extraordinary educational, health
care, or other expenses of the parties or of the child;

(14)  the cost of travel in order to exercise
possession of and access to a child;

(15)  positive or negative cash flow from any real and
personal property and assets, including a business and investments;

(16)  debts or debt service assumed by either party; 
and                  

(17)  any other reason consistent with the best
interest of the child, taking into consideration the circumstances
of the parents.

If  you read these, it is apparent that the Court can set child support above or below the child support guidelines for almost any reason.  Of particular interest to me is item no. 5, which states specifically that the income of the obligee (the person who receives child support) is a relevant factor.

The kicker, of course, is that in order to deviate from the statutory guideline amount of child support, the Court must  make a finding that the statutory guideline amount is not in the best interest of the child.  To do this, the Court will normally have to determine that imposing the statutory guideline amount of support will detrimentally effect the child--not an easy task, especially when you're trying to get support set lower than the guideline amount. 

The most often used factor is factor no. 14--the costs of travel in order to exercise possession and access to a child.  It is easy for the Court to reduce child support where the child support obligor (the person ordered to pay child support) can convince the Court that imposing the statutory guideline amount of child support will make it impossible for him/her to afford airline tickets to fly the child back and forth (in cases where the parties live long distances from each other).  In these cases, the Court will sometimes adjust the child support to account for the obligor's cost of the airline tickets.

The bottom line is this:  If you're hiring an attorney to prosecute or defend a child support case, make sure he or she discusses with you the factors in §154.123.

J. Michael Clay is a family law attorney in San Antonio, Texas, whose practice focuses on divorce, child custoday, child support, modification, enforcement, and adoption issues.  J. Michael Clay is licensed to practice law in all Texas state courts, and in federal District Court in the Western District of Texas.

Not certified by the Texas Board of Legal Specialization.

Comments

[Krights News]

A Call For Nationally Televised Federal Senate Investigations Of
The American Child Support System
by Margie Palmer

(Denver, Colorado) "Over the last three years, "The Message" a nationally syndicated
radio talk show has exposed a disturbing amount of corruption within the Child Support Enforcement System. "Conduct so egregious it begs for nationally televised Federal Senate Investigations. There is proof very real problems within this system exist and their books must be opened!", said Richar' Farr host of, "The Message."

The Time has come to investigate the questionable practices and laws of the Child Support Enforcement Agency. It is imperative to expose the hidden secrets. One of which is the issue of Undistributed Collected Funds (UDC). A term which identifies millions of dollars collected through wage garnishments and bank account seizures of noncustodial parents by the Child Support Enforcement Agencies. These questionably collected funds are intercepted and left undistributed to America's children.

Shockingly in as little as a year, The Child Support Enforcement Agency has collected
the funds through quietly enacted laws taking possession of these millions upon millions of dollars of the children's money for themselves as abandoned property. Silently and unjustly The Child Support System diverts these Undistributed Collected Funds (UDC) dollars into becoming another revenue source for their agency. "This is Wrong! We must investigate this practice. The money they are taking as their own belongs to our children." Farr said.

There are no proper checks and balances over this system. Too many families are suffering due to an unacceptable level of errors in Child Support Enforcement Data. Daily
noncustodial parents, good American Citizens face incarceration, driver's and work license suspension on inaccurate data. How can a taxpayer supported agency which holds it's self to only a 75% accuracy rate support any justification in bringing criminal complaints against good American citizens on flawed data? This question demands an answer.

"The Message, from Krights.com will continue to expose the truth for the benefit of America's children. There are disturbing amounts of corruption and mistakes inside The Child Support Enforcement System." Farr adds. "Today 25 million non custodial parents, their children and extended family members are organizing across the country to find the answers. The time has come for Federal Investigations Of The American Child Support System.", say Richar' Farr.

For information,
visit http://www.KRightsRadio.com
Media Contact 720-385-6248

[concerned]

My daughter-in-law, find it quite funny that she wont pay child support to her former husband, because as she says"well you grand daughter had to have heart surgery and I can use that so that she does not have to pay past or present. child support. As a mom who worked to support my two child, I find this very wrong and she is laughing at the system because in her mind she will never have to pay. So her two child that live with there father in austin get nothing, and she now married to my son who is in the navy thinks she has nothing to worry about, is the state of texas that weak on this type off behavor.

sincerely

[john a. jones]

My 12 year old daughter wants me to go to court to get her authorization to live me, the non-custodial parent. Our divorce was in Guadalupe County, Texas, my two children aged 12 and 15 live in Dallas County, Texas and I live in Mississippi. I am remarried and my ex-wife has had a string of failed male relationships, is a health nut and driving her mad with her imposition of her own personal physical, Spiritual and mental beliefs. HELP!!!!!

[john a. jones]

My 12 year old daughter wants me to go to court to get her authorization to live me, the non-custodial parent. Our divorce was in Guadalupe County, Texas, my two children aged 12 and 15 live in Dallas County, Texas and I live in Mississippi. I am remarried and my ex-wife has had a string of failed male relationships, is a health nut and driving her mad with her imposition of her own personal physical, Spiritual and mental beliefs. HELP!!!!!

[pamban23]

We would suggest that your husband consult with a lawyer to find out what his rights and responsibilities are in this situation. The child moving out of the home and in with the other parent is a material change in cirstances, and he may want to ask the Court to change the child support order to reflect this fact.
------------------
Pamban23

[url=http://www.drugtreatments.com/texas]Texas Drug Treatment[/url]

[Kelley]

Is there such thing as a lawyer that will let me start paying for my divorce after child support starts? My husband and I seperated in March of 2007 and through the attorney general I have tried to initiate child support payments (i applied in June of 2007) but it still has not going through - which majorly has to do with the fact that my husband moved to California shortly after we split. I work a alot, but I barely make ends meet, I have one daughter in 1st grade, and the other in daycare.... and I just cannot seem to get ahead financially without help from him. I have come to a breaking point paying just under 200 a week for daycare on top of paying for my daughters health insurance through my job... I just feel like I cannot stay sane in this predicament any longer; all the while he parties in California and has sent me maybe a total of 1000 dollars since we separated.

I have no problem paying for legal help - I just don't think I can pay unless child support is coming in; I would prefer to keep federal assistance legal help for people who need it more than me; I recently graduated with my Bachelor's Degree from UIW, and now have Sallie Mae calling me consistently. I just dont know what to do anymore.

[cheryl ford]

There is no mention of the cap on child support, my ex makes 200K and his CS is capped 75K. His obligation is 25% of 75K which is far less of a burden than for the man who only makes 40K and puts out 25% of his net worth. How is this calculation justified?

[justin]

i wish that the consideration of the custodial parents quality of life were taken into account. i was living in a 2 bedroom 1100 sqft house with my wife and step daughter and when my two kids came over it was too cr5owded and now thw kids are to old to share a room .

so my wife and i recently started renting a house so that the kids each had thier own room wich has taken me from free rent to $550 a month extra and now my ex is having the case reviewed for more child support , while she lives in a 2 story house and her and her husband have 3 cars and two motorcycles , and did i mention she doesnt work ? how is it reasonable for us to live on ramen noodles and beeni weenies while she sits at home and doesnt work ?

[Sarah]

My daughter cries every time she goes to her dad's. She usually goes to his mothers but hates going to his house. She is almost nine and has no bedroom. She sleeps depending on where the dog is and now that they are having a baby she is limited to the living room. Is this legal in Tx. Don't they have a law against this and if so what do I need to do?

[lost]

What if the father has a drug/alcohol history. Does this play a part in custody and making sure he is clean, sober?

[ClubPenguin]

She sleeps depending on where the dog is and now that they are having a baby she is limited to the living room.

[Divorce in Virginia]

Great post. The 17 factors are similar here in VA. Always good to see how they do it in other states.