| Child
support is typically in direct relationship to the parent who has
primary custody of the child. In Texas, this is typically the
Joint Managing Conservator with the exclusive right to designate
residence. Once the issue of designation of residence has been
decided, it is usually the other parent who is obligated to pay child
support. The State has set guidelines that establish what the
child support will be on the basis of the obligor's net income and the
number of children involved.
Texas law requires all parents to
support their child with necessities, such as food, clothing, and
shelter while the child is with them. There are guidelines in the Texas
Family Code that determine the amount of child support a parent should
pay if that parent does not have any other children to support and their
net monthly resources are $7,500 per month or less:
20%
from net monthly income for 1 child
25%
from net monthly income for 2 children
30%
from net monthly income for 3 children
35%
from net monthly income for 4 children
40%
from net monthly income for 5 children
No parent can be required to pay
more than 50% of their net monthly earnings to support their children,
and the percentages are reduced if the parent has children to support in
another household. Once the child support level has been set, it
is not necessarily unchangeable.
There are occasions in which the
child support that was set in the divorce decree or in the last Suit
Affecting the Parent Child Relationship (SAPCR) is no longer within the
State guidelines or there have been significant changes with the parties
that effect the amount of child support. In these situations, a
modification of the orders is necessary.
One reason modifications become
necessary occurs when the paying parent is earning less money than at
the time the child support was set resulting in him/her paying too much.
Another situation is when the paying parent is paying too little child
support, due to an increase in salary, or in some circumstances,
significant changes with regard to the child's needs.
Because these situations are
fact intensive, it is important that you consult with an attorney to
assist you with modification of child support. The attorneys at
Bunger & Bunger are experienced family law attorneys who can assist you
with your child support modification needs.
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