Child Support

The amount of support ordered for the benefit of a child is determined in Texas without regard to the sex of the payor, payee, or child, or the marital status of the parents of the child. A Texas court may not render an order that conditions the payment of child support on whether a managing conservator allows a possessory conservator to have possession of or access to a child.

If the paying parent's monthly "net resources" are $6,000 or less, the court generally applies the following schedule in rendering child support:

Monthly "net resources" includes 100% of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses), interest, dividends, and royalty income, self-employment income, rental income on property, all other income actually being received (including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, disability and workers' compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, and alimony). Contrarily, "net resources" do not include return of principal or capital, accounts receivable, or benefits paid in accordance with aid for families with dependent children. The court shall deduct the following items from resources to determine the "net resources" available for child support before applying the above standard guideline percentage figure: social security taxes, federal income tax based on the tax rate for a single person claiming one personal exemption and the standard deduction, state income tax (if applicable), union dues, and expenses for health insurance coverage for the payor's child.

It is clear that 100% of all wage and salary income includes overtime pay. Obviously, whether pay is regular or overtime, variances in amount may exist from paycheck to paycheck. Considering the past year of employment often will yield a more accurate profile than considering the last one or two paychecks.

The Law Offices of Thomas A. Martin represents clients throughout Southeast Texas, including the cities of Houston, Galveston, Memorial, River Oaks, West University, Clear Lake, League City, Sugar Land, Pearland, Beaumont, Hempstead, Katy, Conroe, and all the communities in Brazoria County, Chambers County, Fort Bend County, Galveston County, Harris County, Jefferson County, Liberty County, Montgomery County, and Waller County.