Texas Child Support Guidelines
PLEASE READ UPDATE (2019)
Texas Child Support Guidelines Change-
Effective Sept. 1, 2019
Effective September 1, 2019 The Texas Child Support Division of the Attorney General increased the Maximum child Support under the Texas Child Support Guidelines from $8,550 to the “new cap”of net monthly resources to $9200 annually. This change in the law will increase the amount of maximum child support from of $1,710.00 to $1,840.00 monthly (20% of $9200. For one child)
CLICK TO READ MORE ON THE LATEST UPDATE (2019)
Under the Texas Family Code §154.125 the guidelines for child support are as follows:
(a) The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor’s monthly net resources are not greater than $7,500 or the adjusted amount determined under Subsection (a-1), whichever is greater.
(a-1) The dollar amount prescribed by Subsection (a) above is adjusted every six years as necessary to reflect inflation. The Title IV-D agency shall compute the adjusted amount, to take effect beginning September 1 of the year of the adjustment, based on the percentage change in the consumer price index during the 72-month period preceding March 1 of the year of the adjustment, as rounded to the nearest $50 increment. The Title IV-D agency shall publish the adjusted amount in the Texas Register before September 1 of the year in which the adjustment takes effect. For purposes of this subsection, “consumer price index” has the meaning assigned by Section 341.201, Finance Code.
(a-2) The initial adjustment required by Subsection (a-1) shall take effect September 1, 2013. This subsection expires September 1, 2014.
(b) if the obligor’s monthly net resources are not greater than the amount provided by Subsection (a), the court shall presumptively apply the following schedule in rendering the child support order:
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
Depending on the number of other children an obligor has a duty to support, the percentage of child support may be lower. For example, if the obligor was previously married and has 1 child to support in the previous marriage, the amount of support paid for one child before the court decreases to 17.50 percent. See the chart below.
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Multiple Family Adjusted Guidelines (% of Net Resources) Net Monthly Resources X Percentage Below = Monthly Child Support Obligation
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Number of other children for whom the obligor has a duty of support |
Number of Children Before the Court |
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|
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
|
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 |
|
Net resources are determined by deducting the following from the obligor’s income:
1. Social Security Taxes;
2. Federal Income Tax based on the tax rate for a single person claiming one personal exemption and the standard deductions;
3. State Income Tax;
4. Union Dues (if such deductions are being withheld); and
5. Expenses for Health Insurance Coverage for Obligor’s Child(ren) (if such deductions are being withheld).
Rights and Duties of a Parent Joint Managing Conservator in Texas
Rights and Duties of a Parent Joint Managing Conservator in Texas —
Waiver To the Guidelines is a Matter of Court Discretion
As a joint managing conservator of a child in a divorce proceeding in Texas, unless special circumstances arise justifying a variance from the Guidelines, the Court will normally order guideline code rights and duties and a parent will be awarded the following:
1.the right to receive information from any other conservator of the child concerning the health, education, and welfare of the child.
2.the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child.
3.the right of access to medical, dental, psychological, and educational records of the child.
4.the right to consult with a physician, dentist, or psychologist of the child.
5.the right to consult with school officials concerning the child’s welfare and educational status, including school activities.
6.the right to attend school activities.
7.the right to be designated on the child’s records as a person to be notified in case of an emergency.
8.the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child.
9.the right to manage the estate of the child to the extent the estate has been created by the parent/conservator or the parent/conservator’s family.
10.the duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child; and
11.the duty to inform the other conservator of the child if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that this information shall be tendered in the form of a notice made as soon as practicable, but not later than the fortieth day after the date the conservator of the child begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person’s requirement to register as a sex offender or of the offense with which the person is charged. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE.
12.the duty of care, control, protection, and reasonable discipline of the child.
13.the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure.
14.the right to consent for the child to medical and dental care not involving an invasive procedure.
15.the right to direct the moral and religious training of the child.
16.Only one parent shall have the exclusive right to designate the primary residence of child in a specific geographical area, which is commonly the county in which the child currently resides and the contiguous counties thereto.
17.the right to consent to medical, dental, and surgical treatment involving invasive procedures may be subject to agreement, an independent right or an exclusive right;
18.the right to consent to psychiatric and psychological treatment of the child may be subject to agreement, an independent right or an exclusive right;
19.Only one parent shall have the exclusive right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child;
20.the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child may be subject to agreement, an independent right or an exclusive right;
21.the right to consent to marriage and to enlistment in the armed forces of the United States may be subject to agreement, an independent right or an exclusive right;
22.the right to make decisions concerning the child’s education may be subject to agreement, an independent right a joint right or an exclusive right;
23.except as provided by section 264.0111 of the Texas Family Code, the right to the services and earnings of the child may be subject to agreement, an independent right or an exclusive right;
24.except when a guardian of the child’s estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child’s estate if the child’s action is required by a state, the United States, or a foreign government may be subject to agreement, an independent right or an exclusive right; and
25.the right to manage the estate of the child to the extent the estate has been created by community property or the joint property of the parent/conservator may be subject to agreement, an independent right or an exclusive right.
In accordance with section 153.001 of the Texas Family Code, it is the public policy of Texas to assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child, to provide a safe, stable, and nonviolent environment for the child, and to encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. The Court will therefore normally establish the primary residence of the child in the county where the child currently resides and/or a contiguous county thereto, and the parties shall not remove the child from such county for the purpose of changing the primary residence of child until there is a modification to the existing order of the court of continuing jurisdiction or a written agreement signed by the parties and filed with the court.
The geographical restriction on the residence of the child may be lifted or modified if, at the time the primary parent with the right to establish residence wishes to remove the child from the county for the purpose of changing the primary residence of the child, the other parent does not reside in that county or a contiguous county thereto.
Time constraints, employment issues of the primary Joint Managing Conservator, and other material factors may come into play when a Joint Managing Conservator requests waiver of the geographical restrictions. It customarily is a very difficult, but not always insurmountable, burden to achieve a geographical restriction waiver. The success, consistency and regularity of the non-primary conservator’s possession and access to the child is a factor the court will view in making a ruling. Frequently, an agreement to adjust the amount of support and/or transportation costs comes into play in resolving such disputes.
For professional legal counsel on family law and divorce issues in the DFW Metroplex area, contact Dallas divorce attorney Mark Nacol.
TIME IS TICKING On New Texas Mistaken Paternity Law: September 1, 2012
Now it is time for “fathers” or men who have been paying child support for children who are not their biological children to assert their rights.
Texas new law, Texas SB785, permits men who have been ordered to pay child support, without genetic testing, to request genetic testing in order to determine whether they are the genetic parent of the child.
But the clock is ticking. If you suspect that you are paying child support for a child who is not your biological child, you must file the petition before September 1, 2012.
After September 1, 2012, a man must file a petition to determine genetic parentage no later than the first anniversary of the date on which he becomes aware of facts indicating that he is not the child’s genetic father.
In order to file for relief under this new law, the man must have signed an acknowledgement of paternity or failed to contest paternity in the previous proceeding because of a mistaken belief that he was the child’s father based on misrepresentations that led him to that conclusion.
If the man knew he was not the father at the time he signed the acknowledgement of paternity or the previous court order, the new law does not apply.
If the genetic testing concludes that the man is not the child’s genetic father, the court shall render an order terminating the parent-child relationship and terminating the man’s obligation for future child support.
The new order, however, does not affect the man’s obligations for child support or child support arrearages accrued before the date of the order. However, the accrued obligations are not enforceable by contempt proceedings.
If the court order states that the father listed on the birth certificate is not the biological father and the information can be removed from the birth record, then the birth certificate can be revised as well.
Even if the parent-child relationship is terminated, the man may request the court to order periods of possession or access to the child following the termination. The court may order periods of possession or access to the child only if the court determines that denial of possession or access would significantly impair the child’s physical health or emotional well-being. The law directs the court to focus on the child’s well-being, not on the man’s desire to continue seeing the child.
If you have been paying child support due to a mistaken belief that you were the father, the time to act is now. Remember the clock is ticking! If you suspect that you are paying child support for a child who is not your biological child, you must file the petition before September 1, 2012. If you wait to file for relief, you will be barred! Contact an attorney now!
New Paternity Prenatal Testing Available Before Birth of Child
Time is about up on the Amnesty Provision of the New Texas Mistaken Paternity Law: September 1, 2012!
Think you are the “Father” before the birth of the child and would like to find out using a new procedure? Now you are in luck! A new blood test has just become available which can determine paternity as early as the eighth week of pregnancy without an invasive procedure that could potentially cause a miscarriage. This new test requires only blood samples from the pregnant woman and the potential father. The price of the prenatal testing is currently around $1500.00.
What does Texas Family Code 160.502 say about this genetic testing before the birth of the child? A court shall order a child on prima fascia proof and other designated individuals to submit to genetic testing if the request is made by a party to determine parentage. If a request for genetic testing of a child is made before the birth of the child, the court or support enforcement agency may not order utero testing. If two or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.
Now it is time for “fathers” or men who have been paying child support for children who are not their biological children to assert their rights.
Texas new law, Texas SB785, permits men on prima fascia proof who have been ordered to pay child support, without genetic testing, to request genetic testing in order to determine whether they are the genetic parent of the child.
But the clock is ticking. If you suspect that you are paying child support for a child who is not your biological child, you should file the petition before September 1, 2012.
After September 1, 2012, a man must file a petition to determine genetic parentage no later than the first anniversary of the date on which he becomes aware of facts indicating that he is not the child’s genetic father.
In order to file for relief under this new law, the man must have signed an acknowledgement of paternity or failed to contest paternity in the previous proceeding because of a mistaken belief that he was the child’s father based on misrepresentations that led him to that conclusion.
If the man had knowledge he was not the father at the time he signed the acknowledgement of paternity or the previous court order, the new law does not apply.
If the genetic testing concludes that the man is not the child’s genetic father, the court shall render an order terminating the parent-child relationship and terminating the man’s obligation for future child support. The law further provides that he may not be held in contempt by the court for arrearage if the test is negative.
The new order, however, does not affect the man’s obligations for child support or child support arrearages accrued before the date of the order. However, the accrued obligations are not enforceable by contempt proceedings.
If the court order states that the father listed on the birth certificate is not the biological father and the information can be removed from the birth record, then the birth certificate can be revised as well.
Even if the parent-child relationship is terminated, the man may request the court to order periods of possession or access to the child following the termination. The court may order periods of possession or access to the child only if the court determines that denial of possession or access would significantly impair the child’s physical health or emotional well-being. The law directs the court to focus on the child’s well-being, not on the man or the mother’s wishes with regard to the man’s desire to continue seeing the child.
If you have been paying child support due to a mistaken belief that you were the father, the time to act is now. Remember the clock is ticking! If you suspect that you are paying child support for a child who is not your biological child, you should file the petition before September 1, 2012. If you wait to file for relief, you may be barred! Contact an attorney now!
Texas Paternity Law – SB785 – Deadline September 1, 2012
We hear a lot about dead-beat dads, or parents who do not pay their child support obligations. Now it is time for “fathers” or men who have been paying child support for children who are not their biological children to assert their rights.
Texas SB785, which permits men who have been ordered to pay child support, without genetic testing, to request genetic testing in order to determine whether they are the genetic parent of the child. But the clock is ticking. If you suspect that you are paying child support for a child who is not your biological child, you must file the petition before September 1, 2012.
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Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization
