Child Support
Child Support Basics
Child support is money that you pay to ensure the well-being of your child. It is usually based on your net income, which includes most sources of wages.
In addition to basic child support, you may also have to pay:
Medical support (cost of health insurance, Chip, Medicaid)
Dental support (cost of dental insurance)
Arrearages (past due or “back” child support)
Retroactive Child Support (support from parent’s separation until orders are made by the court)
By law, your employer is required to withhold child support from your wages. If the court orders, they may also be required to withhold medical support and arrearages.
Calculating Child Support
Child support is calculated by looking at your monthly income after taxes, the number of children included in the court order, and whether you have other children.
The basic formula is:
Monthly Income After Taxes x Guideline Percentage
Types of Income
Most sources of income will count towards child support. These include:
Wages, overtime, tips, bonuses, commissions, self-employment income
Social Security Disability (SSDI)
VA Disability
Unemployment
Social Security Retirement
The following sources of income, however, do not count towards child support:
Supplemental Security Income (SSI)
VA Pension
TANF
Guideline Percentage
This is the percentage of your monthly income after taxes that will go towards child support.
If you don’t have any other children besides those included in the child support order, you’ll use the chart below to find your basic guideline percentage:
If you do have other children, you’ll use the chart below to find your multiple family adjusted guideline percentage:
Note that the court is not required to follow the guideline percentages in every case. They may determine that your percentage is lower or higher, depending on your situation.
In addition, these guidelines are only used to calculate basic child support. If you owe medical support, for example, that will be added on to what you owe according to these guidelines.
Examples
No. 1
Let’s say you make $2000 after taxes per month. You have two children, both of whom are included in a child support order.
You would then use the first chart to find your basic guideline percentage, which is 25%.
If we calculate using the basic formula, we get $2000 x .25 = $500. You owe the custodial parent $500 a month for child support.
No. 2
Now, let’s say you make $1000 after taxes per month. You have four children. Two are included in the child support order, but the other two are not because you had them with another family.
You would then use the second chart to find your multiple family adjusted guideline percentage, which is 20.63%.
If we calculate using the basic formula, we get $1000 x .2063 = $206.30. You owe the custodial parent $206.30 a month in child support for the two children included in the legal order.
Paying Child Support
To pay child support, the law requires payments to go through the Texas Child Support Disbursement Unit (SDU) to first be recorded. Afterwards, the money is then forwarded to the custodial parent.
If you send payments directly to the custodial parent without going through the SDU, it won’t be credited towards your obligation and might even be considered a gift.
Child support usually ends when the last child included in the order turns 18 or graduates high school, whichever happens later. If your child has a disability, however, it might last longer.
That said, if you owe arrearages (back child support), you will need to continue paying until the debt plus interest in paid in full. Ending your parental rights won’t erase arrearages either.
Changing the Amount of Child Support
To increase or decrease the amount you owe in child support, you need to show a change in circumstance for the child or parent since the last child support order took effect. You can get self-help forms on www.texaslawhelp.org.
If it’s been at least three years since the last child support order AND the current amount you pay varies from the guideline percentages by 20% (or $100), you can also ask the Office of the Attorney General’s Child Support Division to review your amount.
Other Situations
No Child Support Order
If you don’t have a child support order, but your child receives food stamps, Medicaid, WIC, or other benefits, the Attorney General may file for child support to offset the cost of those services. This can happen even if you don’t apply for support.
Child Is Dependent on Disability Benefits
You might still have to pay child support even if your child gets dependent benefits from your disability. Disability payments are still subject to withholding for child support.
The court will use the guideline percentages above and subtract the amount of benefits paid to the child as a result of your disability.
Child or Parents Are in Other States
Every state is must uphold the child support orders of another state. Depending on the country, your order may even be enforced internationally.