How much child support can I expect?

Generally the party who is awarded custody of the children can expect to receive child support equal to 20% of the non custodial parent's net income for one child, 25% for two children, 30% for three children and 35% for four children and so on. (This amount is adjusted if the parent who pays has other children under age 18 to support.) Other factors that the court may consider is whether the non-custodial parent is intentionally unemployed or under employed.

As additional child support the non custodial parent will be required to either provide health insurance for the children or, if the custodial parent is providing health insurance for the children, reimburse the custodial parent for the cost.

What is included in income when child support is calculated?

Money the party paying child support receives from any source, including bonuses and dividends from investments is included as income.

How is child support withheld from the paycheck of the non-custodial parent?

Many Texas courts require that an Employer's Order to Withhold be signed at the time the divorce is finalized. This orders the non-custodial parent's employer to withhold child support directly from the non-custodial parent's paycheck. Although it may take a few weeks to get the process started, once it does start the process of paying and receiving child support usually becomes smooth and simple.

May the court use my spouse's income in computing my child support obligation?

No.

If my ex spouse has failed to pay courted ordered child support, what can I do?

You may be entitled to file a Motion for Enforcement of Child Support Order. If the court finds that your ex spouse has failed to pay child support under an enforceable order and he/she has the ability to pay, the court can hold your ex spouse in contempt of court, commit him/her to jail for a period of time and order him/her to pay your attorney fees and court costs.

Can the amount of child support be changed?

Yes, if:

1. the circumstances of the child or a party have materially and substantially changed since

   1. the date of the prior order, or

   2. the date of the mediated settlement agreement on which the order is based, or

2. it has been 3 years since the date of the last order and the monthly amount of guideline child support differs by 20 percent or $100