A recent study revealed that millennial Americans are 50% less likely to get divorced. But while the younger generations are more committed to staying married, the divorce rate across the United States is still high enough, which means that many couples still see no other solution to marital issues rather than divorce.
When divorce is inevitable, one thing almost always comes to mind: what about the children? Here are some of the things to be aware of with child support if you’re in Texas:
Raising a Child should be a Shared Responsibility by Both Parents
It is a known fact that raising a child is both challenging and expensive, which is why the law requires child support as a way of letting parents share the responsibility of raising a child no matter the outcome of their relationship.
During a child custody or divorce case, one parent will be designated as the child’s primary conservator and will have the right to decide on the child’s primary residence and will receive child support from the non-primary parent who will pay for it and the child’s health insurance. The same rules will apply no matter what the circumstances are, so both parties need to take responsibility in raising their child.
There is a Way to Calculate the Amount Required for Child Support
In Texas and most other states, the amount of child support to be given is determined by calculating a percentage of the net income of the parent who will be paying it. Calculations usually start at 20% of the net resources and an additional 5% is added for every child until five children. A 50% cap from the non-primary parent’s income is imposed and should be paid towards the expenses of raising their children.
In the case where a non-primary parent has another child, not before the court, the court will grant a 2.5% credit for every child. This means that if you have a child aside from the ones involved in the divorce or child custody case, you will be entitled to that credit towards child support.
So, the court orders you to pay 35% of your net income to child support, you will only need to pay 22.5% after the credit. There is also a child support cap of $8,550, which means that any income above that will presumptively not be subjected to a part of child support calculation.
The Bottom Line
Child support is quite a complex subject to discuss or agree with, especially when the emotions are still high and the situation is still heated. However, you both have the responsibility to put your child’s welfare first more than anything and the goal of raising them properly even if your relationship didn’t go well. To make things a little easier for you, it’s best to seek the counsel of a qualified lawyer who can help you come up with the right decisions regarding child support, whether you’re the primary parent or the one paying for it.
The Law Office of Jon R. Boyd practices Family and Probate Law and has two offices located in Granbury and Plano, Texas. We‘re happy to offer our services here and to the surrounding areas: Plano, Frisco, Allen, McKinney, Lewisville, Denton, The Colony, Little Elm, Carrollton, Richardson, Addison, Dallas or Fort Worth