How is child support calculated in Texas?

Brandy - posted on 07/15/2009

Yes, the court will take it into consideration, but you must bring it to their attention. Texas law ( I live in Houston) says that if at the time you get divorced, you have one kid, it is 20%, 2 children it is 25%. But as time goes on , and he has another child, he can request to have it lowered. If he has one child it goes down to 17%. ( I know these numbers because this is my situation) The residential parent is also allowed to ask for a review every 3 - 5 years for an update/ adjustment. You can also go to the Attorney Generals website and the chart is there to see the exact numbers. Good Luck

Kim - posted on 07/15/2009

My new hubby moved here from Texas with his 2 kids but ended up getting divorced and custody in Oregon (thankfully because it was SO much easier and he could do a lot of the work himself w/ the courts help for free). He did mention that TX is pretty much a flat rate of 25% of the income (must be for 2 kids as mentioned by a couple other moms) to the parent who has the child the majority of the time. He ended up getting full custody because mom is completely incapable of taking care of them and at the time the divorce was going through, she got herself arrested. She was only trying to get them 51% of the time so he would have to pay her money but the judge wouldn't allow the kids to go back and forth every 6 months. It's also VERY difficult to DIY in Texas. It doesn't seem like your hubby is trying to get out of paying child support nor is he being a "dead beat dad" and he shouldn't have to pay so much child support to his ex that it makes it impossible to support his new family and I'm sure the courts would agree. I would look into hiring an attorney or at least speak to one. Good luck!

Felicia Neikolle - posted on 07/11/2009

Texas is an aggrivating state when it comes to child support. Anything he pays towards benefits (healthcare, etc) is considered to be a portion of child support and deducted from the amount he owes monthly. It's also a percentage rate (which I will tell you is ludicrous since the single mom is left responsible for anywhere between 70-80% of the costs for the child/children) so with one child it's like 20% then with two it's like 25% and so on. I don't think it increases again until like four kids though. If they have never been to court and it's the state assigning it he could be overpaying as they don't typically take into consideration benefits. I understand your frustration ... though I am on the other end of it - I have two kids by my ex and he deliberately quit his good paying job long enough for our divorce to go through (which he filed for) and got a minimum wage job ... now that I've requested a review and the date was to be set ... he went and quit this job too. I am to get less than $300/mo for BOTH of mine ... not each ... and that doesn't even begin to cover the cost of child care so I can work to support us ... thankfully I'm re-married now but that's another stipulation in the state of Texas ... if the new husband makes more than the father the father can petition that it isn't in the best interest of the children to continue paying child support (especially if he has more children) and could win. Now, I've also found out that prior to him quitting this job that because he's had three kids w/his new wife (that he married less than 2 wks after our divorce was final despite him not signing the papers) that the minor amount I am supposed to get could be lowered even more now. I don't understand how that is fair. That's also why (since I now live in KY) I'm getting a change of venue.

Natalie - posted on 07/11/2009

20% for the first child, 25% for the second and etc... My husband is a stay at home dad making obviously 0 and he pays $250 a month. To get it lowered any which he could get approved for, we would have to ask the Judge to hear the case and he could lower it. That is the lowest we can get for 2 kids... With you having children, that will be taken into affect and will decrease the amount. We don't have children together, my sd and ss are his only children (other than my son his ss).

Camille - posted on 07/10/2009

Some states will and some won't take in to consideration other children, although even when they do it's nothing significant (maybe 10% or so). This is the one area we ALWAYS hire an attorney. Even just to have them look at your financial info and run it through the state calculator so you have an idea of where you should be. It can be expensive, but not as expensive as paying child support! :-) Also, if you don't currently have a court order MAKE SURE to keep copies of all money sent to her -- preferably checks. She can always go to court and ask for support retroactively and if you can't prove you've paid it... you will be ordered to do so. Good luck!