Texas Child Support, Texas Child Custody
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Divorce Involving Children

If there are any children in the marriage, custody, visitation, and child support will have to be set in the divorce. The best interest of the child(ren) should always be the primary consideration.

If the child(ren) reside in another state, all issues in regards to the child(ren) including child support and custody will have to be established in the state the child(ren) reside in.


Texas Child Support

Most Parents who agree to divorce usually agree about the amount of child support payment and when it should be paid. If there has not been an agreement on child support by the parents, the Texas State Child Support Guidelines is supposed to be a fair way for the parent who is ordered to pay child support to contribute in the best interest of the child(ren). Texas has a provision for withholding child support from the earnings of the parent who is ordered by the court to pay child support. This is to make it easier for both parents. The parent who is receiving child support is the Obligee and the parent paying child support is the Obligor. The percentage to be withheld from the obligor is determined by the number of children in the marriage.

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 or more children...Not less than 40%

If the Obligor has children from another relationship(s), the percentages listed above may be reduced.

If you are requesting the court to order child support payments, you will be provided with the document to file with the court to have payments withheld from the earnings (paycheck) of the parent required to make payments.

Agreement can be made to have the parent who will be obligated to make child support payments to pay the other parent directly without the interference of the child support collect agency, but it’s best to have a wage withholding order (that you'll be provided with) to ensure that the parent who is entitled to collect payment receives it.

The court will determine the child support liability of the parent ordered to pay child support by their net resource which may include:

1. 100% of all wage and salary income and other compensation for personal services (commissions, overtime pay, tips and bonuses)

2. Interest, dividends, royalty income

3. Self-Employment income

4. Net rental income (after deducting expenses or mortgage payments)

5. Other income that is being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security, unemployment benefits, or spousal maintenance (alimony). It can be any type of income.

If there is no evidence of wage and salary income for the parent who is ordered to pay child support, the court will assume that their salary is equal to the federal minimum wage for a 40 hour work week. If there is an agreement concerning child support payments by both parents there has to be a written agreement containing the terms for the support and guidelines.

Paying child support will continue until:

1. the child reaches the age of 18 or graduates from high school (which ever occurs last)

2. emancipation through marriage

3. removal of disabilities by the court's order or any other reason by the law

4. the death of the child

Visitation/Custody and Health Insurance
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