A Child Support Lawyer Dallas, TX Parents Trust Explains Child Support Calculations
A Dallas, TX child support lawyer understands that if you are going through a divorce and have children, one of the most important issues you will have to negotiate with your spouse is who will get custody of the children. This factor can also determine which parent will be paying child support. At Brandy Austin Law Firm, PLLC, know that child support issues can often turn contentious and require a skilled negotiator and litigator in order to get the best outcome for the client.
In many child custody cases, the non-custodial parent (payor) is ordered to pay the custodial parent (payee) child support payments. This support is in place to help pay for the basic needs of the child, such as shelter, food, and clothing. Oftentimes, a child support ruling does not include payment for other expenses, such as medical costs, extra-curricular activities, childcare, or education expenses. However, these other expenses can be negotiated between the parents during or after a child custody/support case and presented to the court for approval.
Types of Child Support Calculation
There are two different types of child support calculation formulas that are used in the majority of states. The first type is the income shares model. This model is based on the idea that a child is entitled to receive the same proportion of parental income that he or she would have received had the household stayed intact and both parents were still living together and pooling their income. The income of both parents is used to come up with the child support obligation amount.
The second type of child support calculation formula commonly used is the percentage of income model. This type uses a percentage of the noncustodial parent’s income. Unlike the income shares model, this type does not consider the custodial parent’s income at all.
With the percentage of income model, the amount of child support paid is based on how many children the couple has together and the payor’s net income. The net income is determined by subtracting certain expenses from the payor’s gross income. These expenses include:
- Federal and state income tax payments;
- Social Security (FICA) deductions;
- Union dues;
- Medical insurance premiums;
- Mandatory retirement contributions;
- Court-ordered life insurance premiums for support obligations; and
- Prior court-ordered obligations paid by the payor.
Uniform Order for Support
Once the court has determined the amount of child support the non-custodial parent must pay, a Uniform Order for Support will be entered. This order stipulates the amount the payment will be, as well as how often the payment will be made. Child support payments can be made weekly, bi-weekly, bi-monthly, or monthly, depending on the court’s final decision.
The order will also stipulate whether or not the payor will compensate the payee directly or whether the payments will be automatically deducted from the payor’s wages. Additionally, there is a determination of how long payments will be made and what the penalty is for failing to meet child support obligations. The court also has the option to order the state’s child support agency to oversee the payments. In this case, the payments would go directly to the agency, which then disburses the funds to the payee.
Contact a Child Support Lawyer
If you are having an issue with child support, contact a child support lawyer Dallas, TX families depend on from Brandy Austin Law Firm, PLLC to set up a free consultation and find out how we can help.