What do you think of existing child support laws? If you’re like many parents, you want whatever is in the best interests of your children. The good news is that’s what the family court wants, too. But just because everyone wants what’s best for the child doesn’t always mean they are thinking the same thing—and that’s got quite a few parents not seeing eye to eye with their judge’s final ruling.
A new study by the Texas Chapter of the National Parents Organization suggests that decades-old Texas child support laws conflict with nearly every Texan’s beliefs about what is actually in children’s best interests when their parents live apart.
More About the Study
According to the statewide survey, 564 residents were asked for their thoughts on everything from how they think appropriate child support amounts should be set and how parents should share child-related expenses to what living arrangements are best suited for kids and how residents view political candidates who support the modernization of state laws governing these and related issues.
You can read the full survey here. Below are a few main highlights and how they compare to current child support laws in Texas.
- 93% of Texas residents believe it’s in the child’s best interest to spend as much time as possible with each of their parents when they live apart. Since 1989, Texas law has limited physical access to four overnights with one of their parents in a typical month.
- 94% of Texas residents agree that child-related expenses should be split proportionately based on each parent’s income when parents live apart. Currently, Texas doesn’t adjust for parents’ incomes or time with the child when determining the transfer between hoes to cover child-related costs.
- 94% agree that the amount of time each parent spends with their children impacts child-related expenses that each parent incurs. Texas does not adjust child support based on this factor, even though time spent parenting affects child-related expenses.
- 88% believe judges shouldn’t be required to consider how to maximize federal funding for the state when setting child support. Currently, judges must factor this in.
- 81% believe each parent should have a portion of their income set aside for their base living expenses when setting child support. Texas is one of two states that doesn’t have a self-support reserve for the paying parent.
- 87% of Texas residents agree that parents should share child-related tax benefits in the same way parents should share child-related expenditures. Currently, child-related tax benefits are claimed by the parent receiving support, but the value of these credits isn’t considered when setting the child support amount to cover the remaining child expenses.
How is child support calculated in Texas?
Please consult an attorney for advice about your individual support situation. However, physical custody generally determines who pays child support, and payments are calculated based on a percentage of the paying parent’s income. To determine this, the court calculates the monthly net income of the paying parent and multiplies it by a percentage based on how many children need support.
Several factors can impact the calculation, such as income level, children of a prior relationship, or the special needs of the children. However, if your net monthly income is $9,200 or less, the typical breakdown is as follows:
- 1 child – 20% of the monthly net income
- 2 children – 25% of the monthly net income
- 3 children – 30% of the monthly net income
- 4 children – 35% of the monthly net income
- 5 children – 40% of the monthly net income
Please call Christman | Daniell Attorneys for your legal needs today!
Looking for family law services in Texas? Christman | Daniell Attorneys is your premier choice. With years of experience and a deep understanding of the legal landscape, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell Attorneys to provide compassionate and effective representation for all your family law needs throughout Collin County.
Please consult an attorney for advice about your situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your circumstances.
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