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Child support laws in Texas are tough and strict. Many non custodial parents, frustrated by the custodial parent's failure to stick to an agreed visitation schedule, cut off their child support payments in frustration.
This is a mistake. It is understandable to feel frustrated but to do this in Texas is illegal and can lead to an attachment or garnishment of wages order or even some time in the slammer.
Generally child support payments are calculated by reference to the usual overarching principles of your ability to pay and the need of the custodial parent and child. But each state is allowed by government to put their own particular spin on it and in Texas child support is calculated as follows-
Firstly all of your income must be disclosed. This includes overtime, bonuses, tips, commission-essentially all income. But it does not stop at your income because your assets such as property, shares and pensions must also be disclosed.
Allowable deductions include taxes and union dues, health care payments for your children and costs of running your business if you are self employed. In Texas the courts can also assess your ability to earn so if you make a lifestyle choice of "going back to college" this will not eradicate your child support obligations.
The court will then determine your net resources and calculate 20% of this figure for 1 child; for each extra child they will calculate another 5% per child.
However you can come to an agreement with the other parent to change or modify your child support payments and this agreement, if reached, can be filed in the court by agreement and this is perfectly acceptable without the need to go to court again.
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