When Child Support Isn’t Just a Mathematical Formula

By Janet VanderZanden

For most people, the calculation of child support is a basic mathematical formula, based on what the Texas Legislature has determined is reasonable and in the child’s best interest. This “guideline” amount of support is set by a percentage of an obligor’s whose net income is under $8,550 a month (for example, an obligor with 3 children should expect to pay 30% of his or her take-home income in child support).

However, this is a guideline and NOT a ceiling. If the circumstances of a particular case warrant it, the amount of child support asked for by a party (and ordered by the court) can actually be higher.

In determining an appropriate amount of child support, a court will look at ALL of an obligor’s income, which can often include more than just his or her salary. “Income” includes wages, tips, commissions and bonuses, and overtime. It also includes interest and dividends from investments, self-employment income, rental income, severance benefits and retirement, disability and unemployment benefits, and trust income (just to name a few). There are also surprising sources of income that can be tapped into when determining child support, such as inheritances, prizes, gifts, scholarships and financial aid, and annuities like a payout from a personal injury compensation award.

If an obligor takes home less than $8,550 a month from all available sources, there are a number of factors a court can consider in order to set child support beyond the “guideline” amount, such as the age and special needs of the child; amount of time and possession a parent has of the child; amount of spousal maintenance being paid; educational obligations; payments for health care or insurance; and extraordinary expenses. (For a full list of factors the court may consider when determining child support, see Texas Family Code § 154.123(b).)

If an obligor takes home more than $8,550 a month, the court can consider the actual basic needs of the child (such as housing, health care, food, education, etc.); the scope of the child’s proven needs; and possible future expenses.

The appropriate amount of child support does not always fit neatly into a chart and because individual circumstances can exist the law allows the court to be flexible when determining what is in the best interest of the child.