Parents have a duty to support their children. The court may order that either or both parents must make support payments for their children until the child reaches eighteen years of age or ceases to attend high school, whichever is later. In certain situations, such as disability of the child, support payments continue into adulthood.
The Texas legislature has promulgated guidelines to determine the proper amount of child support payments. The statutory guidelines are based on the net resources of the party obligated to pay child support and the percentage of net resources to be paid depends on the number of children before the court. A parents net resources are capped at $7,500 per month and courts will typically only look beyond the $7,500 in net resources if there are proven special needs of the child. Parties can agree to deviate from the statutory guidelines, but the court must approve the agreement.
If the parent obligated to pay child support is unemployed, there is a presumption that the parent could at least get a minimum wage job and so child support is calculated accordingly. However, if the parent obligated to pay child support is intentionally unemployed or underemployed, the statutory child support guidelines are applied to an amount that the court determines to be consistent with income that the parent could earn given his or her education, skills and earning potential.
To discuss your child support case with a family law attorney today, please contact us at (713) 581-1090 or email us at email@example.com for a free initial consultation.
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