• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Max child support in Texas

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jimprh

Junior Member
What is the name of your state? Texas
What is the max a noncustodial parent would have to pay for two children?
Lets say I make 20k per month.
What if I came into a large sum all at once, say thru a gift or lottery winnings.
Over 2.5 million. How much could the custodial parent receive.
Divorced over 1 year.
I know it's based on a CS table but isnt there a max?
Like $1500.00 per month?
Thanks so much!
 


Phnx02

Member
jimprh said:
What is the name of your state? Texas
What is the max a noncustodial parent would have to pay for two children?
Lets say I make 20k per month.
What if I came into a large sum all at once, say thru a gift or lottery winnings.
Over 2.5 million. How much could the custodial parent receive.
Divorced over 1 year.
I know it's based on a CS table but isnt there a max?
Like $1500.00 per month?
Thanks so much!
Texas CS guidelines are based on the NCP's net monthly income. For 2 children, it's 25%. This calculation is based on monthly net resources of less than $6,000......and includes money received as gifts, inheritence or lottery winnings. If the NCP's income is more than $6,000 a month, I don't believe there is a "cap", however, see the family code info below regarding this. You can find this at www.supportguidelines.com.

§ 154.126. APPLICATION OF GUIDELINES TO NET RESOURCES OF
MORE THAN $6,000 MONTHLY. (a) If the obligor's net resources
exceed $6,000 per month, the court shall presumptively apply the
percentage guidelines to the first $6,000 of the obligor's net
resources. Without further reference to the percentage recommended
by these guidelines, the court may order additional amounts of
child support as appropriate, depending on the income of the
parties and the proven needs of the child.
(b) The proper calculation of a child support order that
exceeds the presumptive amount established for the first $6,000 of
the obligor's net resources requires that the entire amount of the
presumptive award be subtracted from the proven total needs of the
child. After the presumptive award is subtracted, the court shall
allocate between the parties the responsibility to meet the
additional needs of the child according to the circumstances of the
parties. However, in no event may the obligor be required to pay
more child support than the greater of the presumptive amount or the
amount equal to 100 percent of the proven needs of the child.
 
Maximum Child Support

In Texas, unless your children have special needs, they will take 25% of your Net Resources. The formula is:

Sec. 154.062. NET RESOURCES. (a) The court shall calculate net resources for the purpose of determining child support liability as provided by this section.
(b) Resources include:
(1) 100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);
(2) interest, dividends, and royalty income;
(3) self-employment income;
(4) net rental income (defined as rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation); and
(5) 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.
(c) Resources do not include:
(1) return of principal or capital;
(2) accounts receivable; or
(3) benefits paid in accordance with aid for families with dependent children.
(d) The court shall deduct the following items from resources to determine the net resources available for child support:
(1) social security taxes;
(2) federal income tax based on the tax rate for a single person claiming one personal exemption and the standard deduction;
(3) state income tax;
(4) union dues; and
(5) expenses for health insurance coverage for the obligor's child.

Note that it specifically mentions gifts and prizes are included in your income.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top