If you are going through a divorce in Texas and have children, child support is one of the most pressing questions you will face. Understanding how courts calculate the amount can help you prepare for what to expect and advocate for an outcome that is fair to you and your children. At Robles Family Law Firm in Odessa, we walk our clients through this process every day.
The Texas Formula: Starting With the Attorney General’s Chart
Texas courts do not pull a child support number arbitrarily. They begin with the Texas Attorney General’s income guidelines, which establish a baseline for what counts as your monthly net resources. From there, they apply percentages from the Texas Family Code based on how many children you have. With one child and no other children, the standard obligation is 20 percent of your net monthly resources. Two children is 25 percent, three is 30 percent, and so on.
How Custody Arrangement Changes the Calculation
Your custody arrangement has a direct impact on how child support is calculated. Under a traditional standard possession order, courts typically look only at the noncustodial parent’s income and apply the percentage to it.
In a 50/50 custody arrangement the calculation works differently. Most courts will calculate what each parent would owe the other under the formula, then order the parent with the higher obligation to pay the difference. If Parent A would owe $1,000 and Parent B would owe $600, the judge orders Parent A to pay $400 per month. Equal time does not automatically mean zero support.
What Expenses Are Factored In
Texas law requires courts to factor in the cost of health and dental insurance when calculating child support. These are mandatory considerations. Other expenses such as extracurricular activities and daycare are more discretionary. Courts have latitude to include or exclude them based on the circumstances of the case and the financial situation of each parent.
Business Owners and Self-Employed Parents
If you are a 1099 contractor or a business owner, your income calculation can be more complex. The quality of your financial records matters significantly. When your records are thorough and your business expenses can be verified as legitimate costs, we can present your true net income accurately. That gives you a child support obligation based on reliable information rather than inflated estimates.
Can Parents Agree Outside of Court?
Yes, parents can reach a child support agreement without relying entirely on the court. Texas courts welcome this cooperation. When both parents are transparent about their incomes and what it genuinely costs to raise the child, and they agree on an amount that keeps the child’s lifestyle consistent in both homes, the court sees that as two parents putting their child first.
Getting Legal Guidance in Odessa
Child support calculations involve more variables than most people expect, and the stakes are high. Whether you are seeking support or being asked to pay it, having an attorney who knows the courts and the formula helps you navigate the process with confidence.
