Law Offices Of Greg Enos

Galveston divorce lawyer | Galveston divorce attorney | Child custody lawyers Galveston

281-333-3030

Divorce and Child Custody

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Child Support

In Texas, child support is almost always ordered in divorces, paternity or modification cases involving children. Usually, the parent given the exclusive right to determine the child’s residence is paid child support by the other parent. The parent who pays child support is also usually ordered to provide health insurance for the child or pay for the cost of that insurance. The most commonly asked questions about child support in Texas are answered below:

Who has to pay child support?
Usually, the parent who does not have primary possession of the child will be ordered to pay child support.

How long does child support last?
Support is due for each child until his or her 18th birthday (or graduation from high school after the 18th birthday). The support obligation ends if the child dies or is married before age 18. Child support can be ordered past the 18th birthday only for severely disabled children.

How is the amount of child support calculated?
In Texas, child support is calculated based on a percentage of net income (call “net resources” in the Texas Family Code). The basic steps to calculate child support are to:

  1. Determine an average monthly gross income for the parent who is to pay child support. Gross pay is total income before any taxes, insurance, 401k, etc. are deducted. Gross income can include pay, salary, bonuses, overtime, commissions, investment income, and rental income. Attorneys and judges usually look at the prior year’s total gross income as well as the current year-to-date gross income shown on the most recent paystub.
  2. Monthly net resources are calculated using a tax table updated annually by the Texas Attorney General. Click here to see the current Tax Charts.
  3. Credit is given for the cost of providing health insurance for the child.
  4. The adjusted net income per month is multiplied by a percentage depending on how many children are involved as follows:
No. of Children Percent of Net Resources
1 20%
2 25%
3 30%
4 35%
5 40%
6 or more not less than 40%

 

A parent who is paying child support for kids in different households may pay according to slightly different percentages.

Click here to use the Texas Attorney General Child Support Calculator

Does it matter if my ex-spouse earns a lot of money or has remarried someone with a lot money?
The above percentages are almost always followed for people making less than $8,550 net income a month, no matter how well-off the parent with primary custody is. For example, if a husband is ordered to pay child support for two kids, he will probably owe 25% of his net monthly resources, even if his ex-wife makes a lot of money or has married a rich guy. On the other hand, if the husband remarries, his new wife’s income will not be considered in setting child support.

How is child support calculated for folks who net more than $8,550 month?
The percentages set forth above will usually be applied to the first $8,550 of the Net Resources of the parent paying support. Above that, any additional support must be based on the incomes of the parents and the actual needs of the children.

How are child support payments made?
Usually, child support is deducted from wages once a divorce is granted. In Harris County and in Galveston County, temporary child support can be deducted from pay checks. In almost all cases, parents who write support checks send them to State’s child support office in San Antonio. Click here for a sheet that explains in detail how child support is paid.

Who pays for my child’s health insurance?
In most cases, the parent who pays child support also provides or pays for the child’s health coverage. Usually, parents are ordered to split any uninsured medical expenses for the children.

If you need a family law attorney call The Enos Law firm, PC today.

Attorney Greg Enos

Attorney Greg Enos, has 33+ years of legal experience and is Board Certified in Family Law by the Texas Board of Legal Specialization. The Enos Law Firm handles divorce, adoption and child custody cases in Harris County (Houston), Galveston, and Brazoria County, Texas. Greg Enos has been through his own divorce and child custody battle (he won) and understands what his clients are going through. Enos is very involved in local politics and charities and he is a former Bar Association President. Enos speaks at legal seminars on family law educating attorneys and judges and he publishes legal directories and a legal newspaper that are widely used and read by Houston area attorneys and courts. Enos is a respected leader of the legal profession working to improve family courts.

Call 281-333-3030 to schedule a confidential consultation. Phone appointments are available for prospective clients who live in other cities or countries or are traveling for business.

The office of The Enos Law Firm is in Webster, Texas, in the Clear Lake area between Houston and Galveston.
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    17207 Feather Craft Lane, Webster, Texas 77598

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