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How do I know if I am getting the right amount of support?
When we meet, we will figure child support on the income information that you have available. The definition of income for child-support purposes is expansive. Overtime, bonuses, commissions, dividends, business income, rental income - are all considered part of the Obligor's income for figuring child support. If he (or she) won't tell you what he is making, or if he won't let you review his last tax return, he probably owes you more in child support. Everyone wants to make more money and most people tend to make a little more each year. The law says that you are entitled to ask for an increase every three years or whenever the amount of support would vary by either 10% or $100 per month. So you really don't have to wait three years if there has been a substantial increase in his (or her) income! Child support in Texas is calculated on the Obligor's total income (called net resources in the Family Code). The Attorney General of Texas publishes a chart each year that helps attorneys and judges figure support. You can get a sneak peek of it here.
How to Calculate Child Support
Using the tax chart, look at the left column and find the approximate monthly income for the Obigor in your case. In Texas, we are not concerned in most cases with how much you as the custodial parent earn, just the paying parent. After you have found the gross monthly income in the chart, trace across to the net income. This is the figure that the Court uses to set support. It will not match the actual take-home income of the Obligor. Why? Because there are a myriad of things that change a person's take-home income, including health insurance, taxes and exemptions claimed, life insurance, 401(k) contributions, and more. The Attorney General tax chart is designed to ignore these variants by assuming the Obligor is single and claims only one exemption. Now that you have the net income from the tax chart, we must ask a few more questions. Does the Obligor have any other children besides yours? Does he (or she) carry health insurance on the child(ren) in your case? Does he pay union dues? Does he pay state income taxes (while Texas does not have a state income tax, an Obligor who lives out of state may be subject to one)? If you answered yes to any of these questions, the net income shown on the chart actually may be lower. Next, you apply a percentage based on the Obligor’s total number of children. Normally, the percentage applied is as follows:
20% One Child
25% Two Children
30% Three Children
35% Four Children
40% Five Children
If you have more than five children, child support should be not less than the amount for five children.
Now multiply the amount you found on the tax chart to calculate the approximate amount of support to be paid. Are you entitled to an increase?
How to meet with me for FREE
With this rough guide, you will see if you might be entitled to more support. However, a few simple calculations aren't enough to determine if the Court really will award you more support. Because of the complexity of Texas law, seeing an attorney is the easiest and fastest way to tackle this subject. I will answer all of your questions during a free consultation - either here at the office or over the phone. You really should take me up on this offer. I have been handling child support cases for more than 20 years, and I can help you.
Think you can't afford an attorney? Don't be so sure. My rates are highly competitive and, if necessary, I will work with you to set up a payment plan. I also will be up front and honest with you about your chances of success before accepting your case. Call me today at my office, (972) 919-6171, or on my cell phone (469) 235-4434. -- Darren L. Schraeder
Getting More Child Support
By Darren L. Schraeder, Attorney at Law
Do you believe that you are not getting enough child support?
Come talk to me about how I can help you get more support. You may be eligible for an increase if it has been over a year since your child support amount was set or last reviewed. Or you could be eligible even sooner if there has been a substantial increase in the income of the person paying support (we call that person the "Obligor"). Is he (or she) driving a new car? Living in a fancy new house? Boasting of a new job? Or continually denying that you deserve more support? Any one of these might be a sign that his income has significantly gone up and that you might be entitled to a child support increase.
If you’re an Obligor and think you may be entitled to a reduction, I can help you, too!
Don't Wait - If You Don't Call, I Can't Help You! (972) 919-6171
Here’s an example: Joe is paying Jane $450.00 each month for their two children. Jane knows that Joe recently received a job promotion because he posted it on his Facebook page. She asks him, and he admits that his new salary is $3,000 per month gross. Using the tax chart we can see that his take home pay should be $2,478.62 on the latest tax chart. Without knowing more about the cost of insurance, we figure that he owes 25% of his net income as child support. This would be 25% of $2,478.62 or $619.65. Based on this calculation, Joe should pay $169.65 more per month in child support.
