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Child Support Lawyers

Child Support in Texas

When the state of Texas calculates child support, it is based upon gross earnings less tax exemptions and deductions. A percentage is then applied to the net income base upon the number of children the non-custodial parent is supporting.

Gross Income

Gross earnings are defined as all income earned from all sources minus certain taxes and exemptions. Included as a source of gross income are the following:

  • All gross wages and salary income
  • Commissions, tips and bonuses
  • Overtime pay
  • Self-employment income
  • Net rental income after expenses
  • Social security benefits
  • Retirement and pension income
  • Unemployment, disability and workers’ compensation
  • Severance pay
  • Spousal maintenance, and alimony
  • Interest, dividend and royalty income
  • Capital gains
  • Income from trusts and annuities
  • Gifts and prizes

Tax Exemptions and Deductions

There are certain tax exemptions and deductions that may be deducted from gross income in the child support calculation. These tax exemptions and deductions include:

  • Federal income taxes (calculated for a single person with one exemption plus the standard deduction)
  • State income tax
  • Union dues
  • Health insurance premiums made on behalf of the children only
    • Social Security taxes
    • Medicare taxes
    • Non-discretionary retirement plan contributions

If the non-custodial parent does not have any income with which to support their children, the court may order child support payments equivalent to their level of prior employment, education and skill set. They may also assume that the non-custodial parent can earn a wage equal that is equal to a forty-hour work week at minimum wage.  They can also impute income on assets that are not currently producing income but have the potential to do so, such as a rental home.

Percentage of Net Income per Child

The court allocates a certain percentage of net income for the payment of child support. This percentage is based on the number of children that are supported by the non-custodial parent.

  • 1 child – 20% of gross income
  • 2 children – 25% of gross income
  • 3 children – 30% of gross income
  • 4 children – 35% of gross income
  • 5 or more children – 40% of gross income

Zinda Law Group Can Help With Your Child Support Issues

Child support issues are often complicated, emotional and messy, and it is often easier to have an experienced attorney handle your support matters for you. Having a caring and compassionate attorney represent your interests will give you the opportunity to be less emotional and more objective concerning your child support issues. If your payments need to be negotiated, the attorneys at Zinda Law Group can act on your behalf. Call us at (800) 863-5312 to speak with an attorney today.

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