The Texas Legislature has set-up guidelines to determine the proper amount of child support
to be paid by the obligor to the obligee.
The guidelines that have been set-up by the Texas Legislature are applicable unless
the parties agree on some other amount of child support. Whatever amount the
parties agree to is subject to the court's approval.
Factors used by a Texas Court
to calculate the level of child support payments are as follows:
(1)
statutory guidelines,
(2) the child's needs,
(3) the ability of the parents to
contribute to the child's support, ,
(4) financial resources available to support
the child,
(5) the amount of access the parties have to the child, and
(6)
possession of the child by the parties.
The legislature has set forth a Fixed
Percentage of Net Resources; that is dependent on the number of children the
parties have together.
A child support order set in accordance with the Fixed
Percentage guidelines set-up by the Texas Legislature creates a rebuttalable
presumption that the child support amount is in the best interest of the child.
The following is a list of the percentages set-up in the guidelines:
One
Child: 20% of obligor's net resources.
Two Children: 25% of obligor's net
resources.
Three Children: 30% of obligor's net resources.
Four Children:
35% of obligor's net resources.
Five Children: 40% of obligor's net
resources.
If the parties have more than five children, the amount cannot be
less then the amount of money set for five children.
What happens if someone fails to pay child support? A person that fails to pay
their child support in the amount the Texas Court has ordered may suffer serious
consequences.
The following are a list of possible repercussions for failure to
pay child support payments:
(1) the person may be held in contempt of court,
(2) the person can be required to stay in jail until the child support is paid,
(3) the person owing child support may get his or her personal or professional
licenses suspended, or
(4) a lien can be filed against the person's personal or
real property.
This list of possible consequences for failure to pay child support is not all inclusive and there are other options
available to enforce a child support order.
Call (512)335-5245 to set-up a consultation to discuss your child support issues in more detail!
