Child Support is about sharing the costs of raising a child. Texas has created Section §154.125 of the Texas Family Code to set forth guidelines of varying percentages of net resource to be paid as child support depending upon the number of children. It is a rebuttable presumption that child support based upon the guidelines is in the child's best interest.

Child Support Guidelines

Guidelines apply when the obligor's (the person paying child support) net resources are $6,000.00 per month or less. If net resources are greater than $6,000.00 per month, the court will presumptively apply the percentage guidelines to the first $6,000 of net resources, and may also, without referring to the guidelines, order more child support if found to be appropriate, considering both parents' incomes as well as the proven needs of the child. Therefore, if a parent is requesting child support in an amount exceeding the guidelines, that parent will need to present evidence of the parties' income as well as evidence proving that the child requires additional support. The following tables illustrate the percentage child support guidelines as set forth in the Family Code.

SINGLE FAMILY GUIDELINES

1 Child of the Marriage 20% of Net Resources
2 Children of the Marriage 25% of Net Resources
3 Children of the Marriage 30% of Net Resources
4 Children of the Marriage 35% of Net Resources
5 Children of the Marriage 40% of Net Resources
6 Children of the Marriage 45% of Net Resources

MULTIPLE FAMILY GUIDELINES

The table below is used when dealing with multiple families. For example, if husband is married to W1 and has child A and later divorces W1 and marries W2 and has child B and C. The chart below helps to explain the percentage of net resources allocated pr child. The top row across represents the number of children which are before the Court. The left-most row addresses children who are not before the Court but are child(ren) of a previous relationship that the obligor has a duty to support. 

Although the Texas Family Code provides guidelines that are presumed to be in the child's best interest, it is possible to rebut the presumption. Several factors that the courts may consider in deciding to vary from the guidelines include, the needs of the children, the ability of the party to pay child support, and the debts the paying parent is assuming. Further, if a parent is having to travel long distances in order to exercise visitation, the cost of travel (gasoline, airfare, hotel expense) are factors that may support a variance from the child support guidelines. In addition, if a paying parent is supporting a child through college, this factor may also call for a reduction in child support.

Child Support Net Resources

Child support guidelines base their percentages on "net resources." Net resources include more than just salary but also includes money earned in the form of commissions, overtime pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits, and gifts.

Deducted from gross "resources" are any amounts paid for social security taxes, federal income taxes (based on the tax rate for a single person claiming one personal exemption and the standard deduction), union dues, and any expenses that he obligor pays for the children's health insurance. These amounts are deducted from an obligor's resources to determine net resources for applying the child support guidelines.

Needs of the Child

The Texas Family Code does not define "needs of the child." The term, however, includes more than just "bare necessities." To justify child support in excess of the percentage guidelines, evidence of a child's special needs are required.

The Texas Supreme Court has had a difficult time with defining special needs. In order to justify child support greater than the child support guidelines, proof that the children's needs have increased or are greater than the "average child" include special education, advanced education, extracurricular activities (debate club, scouts, sports), and clothing. In Giangrosso, 840 S.W.2d 769, the father testified that the child had become more expensive to care for and support because the child was growing and involved in more sporting activities. The court held, "this testimony alone could serve as evidence that the child's situation has so substantially changed as to warrant an increase in child support obligations." In Scott 926 S.W.2d 415, the mother testified to actual costs associated with meeting the child's needs and estimated costs associated with items the mother believed would benefit the child but she could not afford. She went on to testify to other items relevant to the child special needs. The appellate court stated, "the law does not require a movant (the mother in this case) seeking child support modification to go this far . . . the child's mother is in the best position, as managing conservator, to explain the needs of the child.

Upon a showing of a child's special needs, the court may, in its discretion, award child support greater than the guidelines.

Terminating the Parent Child Relationship

A parent may file suit for termination of the petitioner's parent-child relationship - voluntary termination. The Court may grant the order of termination if termination is in the best interest of the child. However, it is not in the best interest of the child to terminate the parent child relationship in order to avoid paying child support.

The Dallas courts frown upon terminating the rights of one parent. Kris Balekian, P.C. knows how child support is handled in the system in Dallas divorce courts. Call today for a no obligation consultation.