SUBCHAPTER C. CHILD SUPPORT GUIDELINES
§ 154.121. GUIDELINES FOR THE SUPPORT OF A CHILD.
The child support guidelines in this subchapter are intended to guide the court in determining an equitable amount of child support.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 154.122. APPLICATION OF GUIDELINES REBUTTABLY PRESUMED IN BEST INTEREST OF CHILD.
(a) The amount of a periodic child support payment established by the child support guidelines in effect in this state at the time of the hearing is presumed to be reasonable, and an order of support conforming to the guidelines is presumed to be in the best interest of the child.
(b) A court may determine that the application of the guidelines would be unjust or inappropriate under the circumstances.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 154.123. ADDITIONAL FACTORS FOR COURT TO CONSIDER.
(a) The court may order periodic child support 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.
(b) 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:
(1) the age and needs of the child;
(2) the ability of the parents to contribute to the support of the child;
(3) any financial resources available for the support of the child;
(4) the amount of time of possession of and access to a child;
(5) the amount of the obligee’s net resources, including the earning potential of the obligee if the actual income of the obligee is significantly less than what the obligee could earn because the obligee is intentionally unemployed or underemployed and including an increase or decrease in the income of the obligee or income that may be attributed to the property and assets of the obligee;
(6) child care expenses incurred by either party in order to maintain gainful employment;
(7) whether either party has the managing conservatorship or actual physical custody of another child;
(8) the amount of alimony or spousal maintenance actually and currently being paid or received by a party;
(9) the expenses for a son or daughter for education beyond secondary school;
(10) whether the obligor or obligee has an automobile, housing, or other benefits furnished by his or her employer, another person, or a business entity;
(11) the amount of other deductions from the wage or salary income and from other compensation for personal services of the parties;
(12) provision for health care insurance and payment of uninsured medical expenses;
(13) special or extraordinary educational, health care, or other expenses of the parties or of the child;
(14) the cost of travel in order to exercise possession of and access to a child;
(15) positive or negative cash flow from any real and personal property and assets, including a business and investments;
(16) debts or debt service assumed by either party; and
(17) any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 154.124. AGREEMENT CONCERNING SUPPORT
(a) To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreement containing provisions for support of the child and for modification of the agreement, including variations from the child support guidelines provided by Subchapter C.
(b) If the court finds that the agreement is in the child’s best interest, the court shall render an order in accordance with the agreement.
(c) Terms of the agreement pertaining to child support in the order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract.
(d) If the court finds the agreement is not in the child’s best interest, the court may request the parties to submit a revised agreement or the court may render an order for the support of the child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 480, § 1, eff. Sept. 1, 2003.
§ 154.125. APPLICATION OF GUIDELINES TO NET RESOURCES OF $6,000 OR LESS.
(a) The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor’s monthly net resources are $6,000 or less.
(b) If the obligor’s monthly net resources are $6,000 or less, the court shall presumptively apply the following schedule in rendering the child support order:
CHILD SUPPORT GUIDELINES BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
- 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
- 6+ children – Not less than the amount for 5 children
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 154.126. APPLICATION OF GUIDELINES TO NET RESOURCES OF MORE THAN $6,000 MONTHLY.
(a) If the obligor’s net resources exceed $6,000 per month, the court shall presumptively apply the percentage guidelines to the first $6,000 of the obligor’s net resources. Without further reference to the percentage recommended by these guidelines, the court may order additional amounts of child support as appropriate, depending on the income of the parties and the proven needs of the child.
(b) The proper calculation of a child support order that exceeds the presumptive amount established for the first $6,000 of the obligor’s net resources requires that the entire amount of the presumptive award be subtracted from the proven total needs of the child. After the presumptive award is subtracted, the court shall allocate between the parties the responsibility to meet the additional needs of the child according to the circumstances of the parties. However, in no event may the obligor be required to pay more child support than the greater of the presumptive amount or the amount equal to 100 percent of the proven needs of the child. Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
We Listen and Prepare You for Your Future
Law Offices of Thomas & Henderson, P.C.
Texas Divorce Attorney
Grapevine Child Support Guidelines Lawyer