How Will The Amount Of Your Court Ordered Payments Be Calculated
Section 154.061 provides charts to assist courts in establishing the amount of an order. These charts are applicable to employed and unemployed persons in computing net monthly income. The net resources are calculated from all sources of income, including:
100 percent of all wage and salary income and other compensation for personal services such as commissions, overtime pay, tips and bonuses;
Interest, dividends, and royalty income;
net rental income (defined as rent after deducting operating expenses and mortgage payments);
all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits other than supplemental security income, US Department of Veterans Affairs disability benefits other than non-service-connected disability pension benefits, unemployment benefits, disability and workers’ compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, and alimony.
Sections 154.066 and 154.068 state that if the actual income of the obligor is significantly less than what the obligor could earn because of intentional unemployment or underemployment, the court may apply the support guidelines mentioned above to the earning potential of the obligor. In the absence of evidence of a party’s resources the court shall presume that the party has income equal to the federal minimum wage for a 40-hour week to which the support guidelines may be applied.
Finally, Section 154.123 provides that the court my order periodic payments in an amount other than that established by the guidelines if the evidence rebuts the presumption that application of the guidelines is in the best interest of the child and justifies a variance from the guidelines. In determining whether application of the guidelines would be unjust or inappropriate under the circumstances, the court shall consider evidence of all relevant factors, including but not limited to:
the age and needs of the child;
the ability of the parent to contribute to the support of the child;
whether the obligor or obligee has an automobile, housing, or other benefits furnished by his or her employer, another person or a business entity; and
special or extraordinary education, health care, or other expenses of the parties or of the child.
The basic guidelines based on the monthly net resources of the obligor are as follows:
1 child 20% of Obligor’s net resources
2 children 25% of Obligor’s net resources
3 children 30% of Obligor’s net resources
4 children 35% of Obligor’s net resources
5 children 40% of Obligor’s net resources
Gross monthly income minus
The above calculation will provide the net resources available. The Net Resource figure is to be calculated as a monthly figure.
Application Of Guideline Percentages: The Net Resource figure (up to $6,000.00) will be multiplied by the guideline percentage. The needs of the child/children justify doing so.
Court can set the child support above the guideline number if the needs of the child/children justify doing so.
To learn more and for a free consultation with a skilled San Antonio Child Support Attorney call 210-299-4777, from my office at 3107 broadway San Antonio, Texas 78209 we offer consultations 7 days a week.