Child support is a legal obligation for parents to financially support their children. In Texas, the maximum amount of child support is determined by state guidelines, which take into account the income of both parents and the number of children being supported.
The Texas Child Support Guidelines are based on a percentage of the obligor parent’s net resources, which is their income after taxes and certain deductions. The percentage varies depending on the number of children being supported: for one child, it is 20%; for two children, it is 25%; for three children, it is 30%; for four children, it is 35%; and for five or more children, it is 40%.
Net resources are calculated by taking into account the obligor parent’s gross income, minus any Social Security taxes, federal income taxes (using the Tax Table or actual tax return), and union dues. Additionally, any other court-ordered support, such as alimony, is also deducted from the obligor parent’s net resources.
The maximum child support amount is calculated by multiplying the obligor parent’s net resources by the appropriate percentage. For example, if the obligor parent has a net income of $5,000 per month and two children, the maximum child support would be $1,250 per month (25% of $5,000).
It’s important to note that the maximum child support amount may not necessarily be the amount of child support that is ordered by the court. The guidelines are only a starting point, and the court has the discretion to deviate from them if it determines that the guidelines would be unjust or inappropriate in a particular case. Factors that may be considered in determining whether to deviate from the guidelines include the child’s needs, the parents’ resources, the child’s standard of living before the divorce, and the parents’ ability to pay.
Additionally, If a parent’s income exceeds the maximum amount in the Texas Child Support Guidelines, the court may order additional support to meet the child’s needs.
In sum, the maximum amount of child support in Texas is determined by state guidelines based on the income of both parents and the number of children being supported. It’s important to note that the court has discretion to deviate from these guidelines if they are deemed unjust or inappropriate in a particular case. If a parent’s income exceeds the maximum amount, the court may order additional support to meet the child’s needs. It is always advisable to consult with a lawyer to help navigate through the process of determining the appropriate amount of child support in your case.