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Child Support

Divorcing parents often wonder what amount of child support the court will order the non-custodial parent to pay after divorce. The Texas Family Code has set up guidelines to aid the court in setting child support. There is a presumption that the guidelines are in the best interest of the child. This presumption may be overcome if it can be shown that application of the guidelines would be unjust or inappropriate under the circumstances.

Guidelines:
  1. 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 $7,500 or less.
  2. If the obligor's monthly net resources are $7,500 or less, the court shall presumptively apply the following schedule in rendering the child support order:

2010 Office of Attorney General Tax Charts are available for download here

Child Support Table 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

If the obligor's net resources exceed $7,500 per month, the court shall presumptively apply the percentage guidelines to the first $7,500 of the obligor's net resources. The court may order additional amounts of child support as appropriate, depending on the income of the parties and the proven needs of the child.

If the child support obligor is responsible for paying child support for children in more than one household the court will use different computations to determine the child support the obligor must pay for the children before the court taking into consideration the other children whom the obligor responsible for paying.  One of the ways the court can determine child support in this situation is to use the percentages in the following table:

 
MULTIPLE FAMILY ADJUSTED GUIDELINES
(% OF NET RESOURCES)
  Number of children before the court
    1 2 3 4 5 6 7
Number 0 20.00 25.00 30.00 35.00 40.00 40.00 40.00
of other 1 17.50 22.50 27.38 32.20 37.33 37.71 38.00
children 2 16.00 20.63 25.20 30.33 35.43 36.00 36.44
for whom 3 14.75 19.00 24.00 29.00 34.00 34.67 35.20
the 4 13.60 18.33 23.14 28.00 32.89 33.60 34.18
obligor 5 13.33 17.86 22.50 27.22 32.00 32.73 33.33
has a 6 13.14 17.50 22.00 26.60 31.27 32.00 32.62
duty of 7 13.00 17.22 21.60 26.09 30.67 31.38 32.00
support


The court may order either or both parents to support a child in the manner specified by the order:

  1. Until the child is 18 years of age or until graduation from high school, which ever occurs later;
  2. Until the child is emancipated through marriage, through removal of the disabilities of minority by court order, or by operation of law;
  3. Until the death of the child; or
  4. If the child is disabled, for an indefinite period.

 



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