Dealing with Complex Child Support Issues in Texas

 Posted on October 13, 2022 in Child Support

Under Texas law, when parents split up, all child support orders are issued in compliance with the state’s child support guidelines. There are situations, however, when the child or the parents may have what is referred to as extraordinary income or expenses. This is often the case in divorces involving a high net worth couple. In these situations, the court may deviate from the traditional guidelines and come up with a different amount.

Texas Child Support Guidelines

Generally, the court will take the parent’s net monthly income (based on the formula put in place by the state) and the parent will pay a percentage of that amount based on how many children the couple has. As of this writing, the current guidelines are:

• One child – 20 percent

• Two children – 25 percent

• Three children – 30 percent

• Four children – 35 percent

• Five children – 40 percent

• Six or more children – At least 40 percent

What Does the Court Consider Extraordinary Expenses?

Child support is supposed to help cover the cost of providing the child with food and shelter and meeting their basic needs on a daily basis. This can include clothing, medical care, school supplies, etc. However, there are situations where a child has extraordinary needs that require additional financial support. These may include:

• A chronic disease or illness

• Mental health issues

• Private school tuition

• Tutoring

• Extracurricular school activities

When these needs exist, the court will often find that it would be unfair for the parent who has primary custody of the child to have to bear the burden of the costs and that since these expenses go beyond the regular basic needs of the child, the expenses should be shared by both parents. This would mean that the child support order issued would deviate from the regular state guidelines.  

When there are extraordinary expenses for child support, it is often better for both parents to negotiate those extra funds rather than have the court make the decision for them. There are many options that could be available in negotiations rather than have one parent write out an additional amount on a child support check each month.

Contact a Travis County Family Law Attorney for Legal Assistance

Call Powers Kerr & Rashidi, PLLC at 512-610-6199 to schedule a confidential consultation with one of our skilled Austin, TX complex child support attorneys and find out what legal options you and your ex may have for any extraordinary expenses that go beyond court-ordered child support.

Source:

https://www.texasattorneygeneral.gov/child-support/who-we-are/child-support-publications