Child support payments are not determined by individuals. Instead, they are based upon a predetermined formula. This formula has been specifically designed to apply in different scenarios based on what the non-custodial parent’s resources amount to on a monthly net basis.

Payment Guidelines

For the following guidelines, it is assumed that the monthly net resources for the supporting (non-custodial) parent are $8,550 or less. In these cases, the presumptive schedule of payments set by the court is as follows:

  • When there is one child, the child support payments will make up 20% of the supporting parent’s net income.
  • When there are two children, the child support payments will make up 25% of the supporting parent’s net income.
  • When there are three children, the child support payments will make up 30% of the supporting parent’s net income.
  • When there are four children, the child support payments will make up 35% of the supporting parent’s net income.
  • When there are five children, the child support payments will make up 40% of the supporting parent’s net income.
  • When there are six or more children, then the child support payments will make up 40% or more of the supporting parent’s net income.

 

Exceptions to the Rules

There are several exceptions to the above guidelines. For instance, if the non-custodial parent has children from an additional relationship, these percentages may be reduced to accommodate children from both relationships.

Additionally, if the network resources for the non-custodial parent exceeds the assumed $8,550, the court may request additional child support payments depending on his or her monthly earnings. However, the court is not legally allowed to demand that the non-custodial parent pay more than an amount that is equal to 100 percent of the child’s proven needs or the presumptive amount.

The presumptive amount is calculated by multiplying the applicable percentage by $8,550, depending on which figure is the greater figure.

Additional Requirements

In addition to child support payments, the non-custodial parent will be required to maintain the child (or children) on his or her employer’s health insurance policy. If there is no health insurance available through the employment of the non-custodial parent, but it is available by way of the custodial parent’s employer, then the non-custodial parent will be ordered to pay the costs of the premium.

If insurance is not available through either employer, then the non-custodial parent will have to provide individual insurance coverage to whatever extent is affordable and available.

Typically, the court will also make an order regarding deductibles and other expenses regarding insurance. Child support law often requires the non-custodial parent to obtain life insurance covering the full amount of support payments up until the point in which the support payments would terminate.

This is a preventative measure in case the non-custodial parent passes before the child support order is scheduled to terminate.

Angela Stout

Angela A. Stout was admitted to the State Bar of Texas in 2007. Ms. Stout has practiced law since 2007, with an emphasis in representing clients in family law matters. She earned her Juris Doctorate degree from South Texas College of Law in May of 2007. Ms. Stout became Board Certified in Family Law by the Texas Board of Legal Specialization in December of 2015. The Texas Board of Legal Specialization is a specialized group of attorneys that must obtain exceptional experience in a specific area of law, pass a comprehensive exam, and complete ongoing continuing legal education in that specialized area. Additionally, Ms. Stout is certified as a mediator by the A.A. White Dispute Resolution Center.

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