Have you ever wondered how parents decide how much one pays in child support? If you have children, are the primary earner, and are going through a divorce, it’s a question that may be on your mind.
Several common factors in Texas child support plans are considered by family courts. Knowing what these factors are can help you plan your divorce while also ensuring your child’s needs are always taken care of.
Common Factors Affecting Child Support Amounts
Texas is considered a percentage-of-income state. This essentially means child support payment amounts are based on the income of the higher-earning parent. While this simple formula works fine in some cases, it’s not a one-size-fits-all solution.
However, judges in the Lone Star State typically fall back on this formula unless one or both parents can present evidence of other factors that should be considered. So, what other factors can impact child support in Texas?
Parenting Time
This is one of the most common factors impacting child support. When both parents are sharing equal time with their child, support payment amounts are usually lower. The reasoning is since both parents are equally present, everyone is contributing to their child’s upbringing.
Even if one parent is earning significantly more than the other, it may not be enough to increase child support amounts.
Child’s Age
As a parent, you already know children are expensive. On average, parents should expect to spend well over $200,000 on their child and this is before factoring in other expenses like extracurricular activities.
Younger children are typically more expensive than older ones. Things like daycare, diapers, and almost constant growing stages can quickly add up. Child support amounts tend to be higher for young children than for teens.
However, this factor isn’t set in stone. Older children may have special needs that require a higher amount of child support to receive adequate care.
Daycare
Yes, daycare expenses can increase how much a parent receives in child support. However, this doesn’t mean you can enroll your child in daycare if you’re a stay-at-home parent.
Texas typically only factors in childcare costs if both parents are employed. In other words, you can’t use daycare as an excuse to bump up child support and enjoy some free time.
Available Financial Resources
Remember, Texas typically bases child support amounts on income and then looks at other factors. Income extends beyond your average take-home pay, it also looks at your other financial resources.
These can be anything from investments to retirement accounts and even property holdings. This also isn’t the time to try and hide any assets. This is illegal and can have penalties greater than increasing what you may owe in child support. You can be found in contempt of court. You may be assessed fines and even spend some time in jail.
Even if revealing all of your assets means paying more in child support, it’s worth it to avoid the potential legal penalties.
Receiving Spousal Support
In theory, alimony is separate from child support. Alimony tends to support a former spouse. Child support goes to the child. The court can make exceptions, and it often does. What is being paid in alimony can either increase or decrease child support amounts.
A judge may decide the alimony is more than enough to cover the spouse’s living expenses and lower child support payments. The judge can also do the opposite and increase child support amounts if they feel alimony is too low.
Obligor’s Non-Cash Compensation
If the marriage doesn’t involve a member of the military, this factor probably isn’t going to apply. Since military members can often live for free on base and typically have PX privileges, the court can view this as a financial benefit.
The child support payments may increase if the primary caregiver is no longer able to access these benefits.
Post Secondary Education Costs
Child support usually ends in Texas when a child turns 18 or graduates from high school. However, there can be exceptions. A judge may view an older child as having an aptitude for secondary learning. If this happens, child support may be extended.
This can also happen if both parents are contributing to a college fund. A judge may order the parent to continue putting into the fund or paying more each month in child support.
Travel Expenses
This can be included in the original child support agreement or added as a modification. If the parent paying support has to travel to spend time with their child, their amount may be decreased.
This can also apply if a parent moves after the divorce is finalized. Basically, if the parent paying support has travel expenses they tend to owe a little less.
Modifying Child Support in Texas
Even after considering all of the factors, some parents may have trouble paying child support. Parents receiving support may need to increase the amount to cover unexpected expenses.
You can submit a modification request in family court. However, you must also be ready to prove there’s a substantial and material change to your circumstances. This significantly reduces the reasons why you can file for a modification to the following:
- A new job
- The custody arrangement has changed since the divorce
- Your child’s medical insurance has changed
- Significant change in income, especially if you’re self-employed
If any of the above criteria matches your situation, you should be able to file to have your child support payments modified.
You also have the option of trying to reach a new agreement with your former spouse or letting the court handle everything. Don’t forget, even if you reach an agreement with your former spouse, the court still needs to approve any changes to the child support terms.
Protecting Yourself and Your Child
You don’t want your child to go without anything, even if it’s participating in an extracurricular activity. However, you also don’t want to pay more than you should in child support.
To help ensure everything is fair for everyone involved, it’s usually best to work with an experienced child support or divorce attorney.
