Bennett & Baca

Attorneys and Counselors at Law

 5208 Airport Freeway, Suite 214

Fort Worth, Texas  76117

(682) 647 - 1904

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Child Support

Under Texas law, child support is calculated by using a specific formula.  As a general rule, a person with one child before the court and no other children pays about 20% of his or her net income; with two children he or she pays about 25%.  If an obligor has other children from other relationships, not including step-children, the percentage changes slightly.

If the person paying support is self-employed or has an income that varies, the calculations can become more complex.  This can be especially true if the self-employed person attempts to hide income.  However, there are ways to prove hidden income in many circumstances.  If income varies, the court often uses yearly averages.  The court may consider  second jobs, overtime, bonuses, commissions and other types of income of the obligor.

The Court calculates net income using specific provisions of the Texas Family Code.  Certain deductions from pay checks may not be subtracted from net income, such as voluntary retirement contributions.  A self-employed person may have deductions allowed by the IRS, but a court can choose not to deduct for child support calculation purposes.

In instances when the parties have split custody, one party may still pay child support, depending upon the income of the respective parties.

When a person is obligated to pay support, but does not do so, this firm can assist in enforcing the order.  Child support can be enforced by jail time, probation and fines.

Whether you are seeking to establish support, ensure that you are paying the proper amount of support, or to enforce support, please call to set up a consultation to discuss your matter.

   

This office has attorneys who are licensed to practice law in the State of Texas and the Federal District Courts for the Northern Districts of Texas.  Ms. Baca is also licensed in the Eastern District of Texas.  The contents of this Web site are designed to be educational and informational only, and are not intended as nor should they be construed as specific legal advice.  If you need legal advice regarding a specific legal matter you should contact a qualified legal professional in your area.  This office does not provide financial or tax advice.  If you need financial or tax advice, you should contact a qualified financial or tax professional in your area.  


© 2011 Bennett and Baca, Attorneys and Counselors at Law