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Child Support

What is the purpose of Child Support?

Child support is an important part of any divorce or any suit with minor children involved.  It provides financial assistance for the necessary expenses that come with raising a child.

How is child support calculated in Texas?

According to the Texas Family Code, whether you are in Dallas, Collin or any other Texas county, child support is most often calculated using the Child Support Guidelines. 

  1. First determine your monthly gross wages from all sources.  (Monthly Net Earnings if you are self employed). 
  2. Subtract from monthly gross wages the following three items:
    1. Federal Income Taxes, but only to the extent that would be withheld if you were claiming one exemption and the standard deduction.
    2. Social Security and Medicare Insurance Withholding (FICA).  IF you are self employed, you would subtract your calculated self-employment tax.
    3. Medical Insurance Premium cost for your children only.  Not you or any other dependent or spouse you may have.

This will give you your Net Monthly Income also known as Monthly Net Resources. 

  1. Take your Net Monthly Income and multiply it by a percentage that is based on the number of children for which child support is ordered.  ILLUSTRATION:
    1. One Child--                             20%
    2. Two Children                          25%
    3. Three Children                        30%
    4. Four Children or more           35%

 

What do you mean by Net Income?

Net income is not just your take home pay.  In fact, the Texas Family Code describes your child support net income as your net resources. It is calculated by taking your gross wages from all sources and subtracting out the appropriate amount of tax, union dues, and health insurance.  It does allow discretionary or voluntary deductions to be considered in the net income equation.

Is Health Insurance provided with child support?

In most cases, the parent paying child support (obligor) is responsible for providing health insurance coverage for the child.  The obligor can add the child to their health insurance plan, obtain health insurance for the child separately or reimburse the other parent (obligee) the cost of providing health insurance for the child.

All out of pocket expenses incurred for the health of the child is usually split between the two parents equally.

How is child support paid?

In most cases, child support is paid on a monthly basis. Dallas and Collin County Courts require parents paying child support to have the child support deducted directly from their paychecks. This sometimes does not apply to self-employed parents.

How long will child support need to be paid?

Child support will be owed until the child turns 18 or graduates high school, whichever is later.  However, if the child is 18 or older, the child must be fully enrolled in school for the child support to continue.

 

 

 

If you need assistance, contact us, so we can educate you about your options.

 

Warren & Migliaccio always has your child’s best interest in mind. 

Our firm provides tough, thorough and experienced advocacy while focusing on each client’s individual and unique goals.   We will listen to your situation, explain the legal process, and outline you options.

 

We proudly serve clients in Dallas, Collin, Rockwall and surrounding counties.

Contact us today for a FREE CASE EVALUATION.

 

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WE ACCEPT ALL MAJOR CREDIT CARDS
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