Texas - Child Support?

OFlahertyLaw · 2024-12-11T19:51:49+00:00

In Texas, child support is typically calculated based on the paying parent's net income, following a formula outlined in the Texas Family Code. The standard percentage for two children is 25% of the non-custodial parent's net income. courts, however, can consider deviations from the guidelines in specific circumstances, such as significant income disparities between the parents.

Standard Calculation for Two Kids

The paying parent's annual income of $100,000 is used to calculate net income, which is gross income minus allowable deductions (e.g., taxes, Social Security, and health insurance premiums). Simply put, if the net income after deductions is approximately $85,000 annually, the child support obligation would be:
- 25% of $85,000 = $21,250 annually
- $21,250 ÷ 12 = approximately $1,770 per month
Texas courts, however, have discretion to deviate from the guidelines if the standard calculation would result in an inequitable outcome, particularly in cases of substantial income differences. A custodial parent earning $385,000, may prompt the court to determine that the children's needs can be adequately met without the full amount from the non-custodial parent
Courts can also adjust child support based on the time the children spend with each parent. With the non-custodial parent having 43% of the time (close-ish to joint custody), the court may potentially reduce the child support obligation to reflect the additional costs of caring for the children during that time

Overview of Potential Ways to Lower Child Support

Presenting evidence that the custodial parent's significantly higher income already provides for the children's standard of living could possibly persuade the court to deviate from the standard percentage.
Documenting expenses incurred during the 43% possession period (e.g., housing, food, clothing, and extracurricular activities) could further justify a decrease
Reaching an agreement with the custodial parent outside of court for a lower amount could also be an option (if both parties are willing)(

the court will ultimately decide whether to apply the standard guidelines or adjust the child support based on the specific facts of the case., however.

The above information does not constitute an attorney-client relationship, it is merely for information purposes.

pk2at · 2024-12-10T22:31:55+00:00

In TX the max is 2.3K/month even for Elon Musk. I would say work informally with your higher paying ex to take on more childcare expenses. Hopefully your income goes up and 2.3K seems insignificant.

Bluetoes1 · 2024-12-10T12:13:06+00:00

Go for 50-50. Then ask for child support due to the disparity in income. One of the purposes of the child support is to have the children live in similar circumstances between homes

lostpassword100000 · 2024-12-10T03:42:37+00:00

Go for 50-50 no support either way. Y’all split medical expenses.

junkmailbox121 · 2024-12-10T03:06:32+00:00

Have you thought of going for primary custody?

With the stbx making so much, there must be some money(401k, stocks, etc) somewhere to split unless it was all spent. If you can’t get primary custody, make sure you get half of all assets.

Boomhower113 · 2024-12-10T02:43:38+00:00

You can’t afford not to get a lawyer.

The State max in Texas is $2300/mo for 2 kids. At $100k, you’d be around $1600/mo.

But, with her making more than you, your lawyer can work you a better deal.

As for the reduced parenting time, it comes with the territory. Sorry bro. Unfortunately, Texas hasn’t caught up with the rest of the world and we dads get the every other weekend thing instead of default 50/50. But, some judges go against the state guidelines and do give 50/50. Again, get a lawyer.

responsibletyrant · 2024-12-10T02:42:32+00:00

If you can get that 43% to 50% then there probably won’t be any child support. Your lawyer may be able to argue that it is not necessary in this instance due to her income

tropical_human · 2024-12-10T01:57:31+00:00

With such an income disparity, she should be the one paying you CS if you had custody. Seeing as you dont, I would say you should be paying very little, if not nothing at all. This is where you get off reddit and get an actual lawyer.

Reflog1791 · 2024-12-10T01:56:25+00:00

Did you try to get primary custody?

TXJohn83 · 2024-12-10T01:54:02+00:00

Other parents income and time are not a factor in texas. You have to pay the 25% plus health insurance...

CRobinsFly · 2024-12-10T01:54:01+00:00

With that delta in your incomes, you're likely the one owed child support, not her. Generally speaking.

See if you can find the official calculator.

Title	Texas - Child Support?
Author	LionAR1999
Upvotes	4
Comments	32
Date	December 10, 2024 1:41 AM UTC (1 year ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1haqg95/texas_child_support/
Archive Link	https://theredarchive.com/r/Divorce_Men/texas-child-support.1538068 https://theredarchive.com/post/1538068

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