Child support laws are meant to minimize the negative effect of divorce or separation on children, at least from a financial perspective. In Texas, the non-custodial parent is generally required to pay child support for their children. The amount of child support to be paid is based on a percentage of the non- custodial parent's income.
How to Use Texas Guidelines
Take the net monthly income and apply it to Texas child support guidelines, which look like this:
1 child = 20% of Obligor's Net Resources
2 children = 25% of Obligor's Net Resources
3 children = 30% of Obligor's Net Resources
4 children = 35% of Obligor's Net Resources
5 children = 40% of Obligor's Net Resources
6+ children = not less than the amount for 5 children
Applying the guidelines is not always simple. If the non-custodial parent is under an obligation to pay child support for other children from a previous relationship this will change the percentage they are required to pay for your children. Additionally, the guidelines only apply to the non- custodial net resources up to $8,550. If the non- custodial parent has net resources of more than $8550 the court may deviate from the standard guidelines if the child's needs are higher.
In situations where a parent is purposefully unemployed or underemployed to avoid making support payments, a court can impute (attribute) income to that parent based on what he or she should be earning.
Changing Child Support Amounts or Enforcing a Child Support Agreement
The assistance of a lawyer may be necessary to modify a child support order. If either parent's financial circumstances change, it may be necessary to modify the original child support agreement. Additionally, legal assistance may also be necessary if the child support agreement is not being followed. Either parent may seek legal representation in a child support enforcement action — either to enforce the child support agreement or to defend against an unfounded Petition for Enforcement.