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Frequently Asked Questions about Child Support in Texas

Child Support in Texas

If you are involved in a divorce in Texas and there are minor children involved, you need to understand your rights with respect to child support, whether you are the payer or the recipient. Here are some of the most common questions parents of divorce have with respect to the payment of child support.

How Is Child Support Calculated?

The first step in determining the amount of child support to be paid is to establish net income for the payer. Net income includes wages, salary, rental income, retirement income, disability income, commissions, tips, bonuses, dividends and interest and trust income. It can also include alimony from a previous marriage. The following expenses are then deducted from that total:

  • Social Security and federal income taxes
  • Union dues
  • Health insurance costs and medical expenses incurred for minor children

Once the net income is calculated, you multiply that number by a specific percentage, based on the number of children for whom support will be paid. For one child, it’s 20% of the net income, and it increases by 5% for each additional child, up to a maximum of 40%.

How Long Does It Take Before Child Support Payments Start?

The amount of time it takes depends on a variety of factors. If the payer is employed and can be located, and you have a Social Security number, you can ask the court to issue an administrative withholding order. This goes directly to the payer’s employer, who then withholds the amount due from the payer’s wages and pays it directly to the state’s child support enforcement agency, or to a local registry, which then sends it to the custodial parent. Customarily, that will happen within two t0 four weeks. The child support order is retroactive to the date the divorce is filed, so it’s not unusual for a payer to start with an arrearage, which can typically be paid off over time.

If I Am Being Denied Visitation, Do I Still Have to Pay Support?

Absolutely! Under Texas law, support is not conditional on access to your children. If your ex is in violation of the court order regarding visitation, you need to file an enforcement action.

Contact Us

At the office of Linda Stewart Law, PLLC, in Baytown, we bring more than 8 years of experience to clients in south Texas.

To learn how we can help, call our office at 281-761-6042 or contact us online. We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

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