Child Support
When parents separate or divorce, it is important to have an order of the court establishing a minimum child support obligation for the parent who will not have primary custody of the children. The Texas Family Code provides mandatory guidelines courts must follow to establish minimum child support (‘guideline child support’). Wilhite & Lea, P.C. assists and represents clients with a number of matters involving the payment and delegation of child support.
Child support can be decided and disbursed in a number of ways, and a variety of factors are taken into consideration during the process of deciding what the parent will be required to pay. Some of these considerations include:
Working through the process of deciding child support payments is not something many want to do, especially after a divorce, but it's something that needs to be done. We at Wilhite & Lea are prepared to help families deal with the details of a child support case.
Houston Child Support Attorneys
If you are a resident of Houston or the surrounding areas of Harris, Montgomery, Fort Bend, Grimes, Washington, or Waller counties and are dealing with a child support case, contact our attorneys today. Our experience as family law attorneys in Houston can be put to good use in ensuring the best interests of you and your child are prioritized in your child support case.
Child Support Information Center
Back to top
An Overview of Child Support
Generally, the non-possessory or non-custodial parent (i.e., the parent who does not have primary custody) will be ordered to pay 20% of his or her net monthly resources for the first child and an additional 5% for each additional child. If the parent paying child support has an income of more than $7,500 per month, the statutory percentage will be applied to $7,500; this is the maximum amount of guideline child support. Other statutory percentages apply of the child support obligor (i.e., the person paying child support) has multiple families to support.
However, courts have wide discretion to order additional child support, over and above guideline child support, if the children have special needs such as expensive medical issues or special extra-curricular activities.
Back to top
Child Support Payment and Obligation Details
The child support obligor generally has a fixed amount of child support they must pay during the period of obligation, and it is based upon the number of children they are supporting. This value is a percentage of their net resource (income minus federal taxes and the children's health insurance). The percentages for the number of children covered by the child support payments are as follows:
- 20% for 1 child
- 25% for 2 children
- 30% for 3 children
- 35% for 4 children
- 40% for 5 children
- 40%+ for 6 or more children
In most cases, child support must be paid through the Texas Child Support Disbursement Unit (TCSDU) located in San Antonio. This provides a central location to monitor child support payments and is supposed to ensure an accurate record of child support payments that are made and those that are not made. Frequently, child support is withheld by the child support obligor’s employer and transmitted directly to the TCSDU. However, payments may also sometimes be made by the obligor by check or bank draft and sent to the TCSDU. Payments made directly to the child support obligee (the parent with primary custody) can be considered a gift, not applied to the child support obligation, and tends to create conflicts. For this reason, most divorce decrees and other child support orders usually require all payments be made through the TCSDU.
For child support obligors with sufficient resources to fund the entire child support obligation at one time, child support trusts and child support annuities can be created. These can be attractive options because they allow the obligor to set aside a lesser amount of money (the entire child support obligation amount discounted to present value) to satisfy the requirements of the child support order. Life insurance may also be used to ensure children have financial support in the event of the obligor’s death.
The obligation to pay child support usually lasts until the child turns 18 years of age and graduates from high school. Of course, there are exceptions to this rule that can shorten or lengthen the period in which child support must be paid. Many other factors are considered in awarding child support such as:
- Commissions
- Alimony
- Overtime
- Salary
- Retirement Benefits
- Pensions
- Tips
- Trust Income
- Interest Income
- Severance Pay
- Annuities
- Dividends
- Capital Gains
- Net Rental Income
- Spousal Maintenance
- Self-Employment Income
- Unemployment Benefits
- Gifts or Prizes
- Social Security
- Bonuses
You should consult with a knowledgeable attorney to assist you in calculating the amount, determining the length of time child support must be paid, and choosing the method to be used to pay it.
Back to top
Children Health Insurance Concerns
The Texas courts are especially concerned with the children having access to adequate medical care. The court will usually require that medical insurance be attained and covered by one of the parties. Generally the party who pays child support will be ordered to cover the children's medical insurance.
Back to top
Wage Withholding Order
A wage withholding order is provided to the employer of the party ordered to pay child support. The ordered amount of child support will be deducted from the parents salary each pay period.
The support is advanced to the Texas Child Support Disbursement Unit in San Antonio and from there, they disperse the funds to the parent who receives the support.
Back to top
Child Support Cannot be Waived
As a general rule, the obligation to pay child support cannot be waived by the parties or the court. Texas family law courts always consider the "best interest of the child" when entering orders in a divorce or other Suit Affecting the Parent Child Relationship (SAPCR) order. In almost all cases, it is in the best interest of the child for the noncustodial parent to pay child support consistent with the guidelines established by the Texas Family Code.
Back to top
Child Support Resources
Texas Child Support Disbursement Unit (TCSDU)
P.O. Box 659791
San Antonio, Texas 78265-9791
Texas Attorney General Child Support Division
Back to top
Wilhite & Lea, P.C. | Houston Family Lawyers
Contact Wilhite & Lea, P.C. if you need legal representation concerning child support matters. Our Houston family lawyers are experienced in dealing with Texas family courts and can advise and assist you. Call (281) 537-2171 or provide us with some information pertaining to your case in our online form. We represent clients in Houston or surrounding areas, including Harris County, Montgomery County, Washington County, Grimes County, Fort Bend County and Waller County.
Contributor: Edward Allen