How to Calculate Spousal Support:
Spousal Support Family Law Attorney Explains.
Getting a divorce? One of the biggest concerns for divorcing parents is child or spousal support. Consult with spousal support family law attorney to determine who pays whom and how much before finalizing your divorce decree. However, if you live in Texas and would like to get a rough estimate of how much you will likely be paying in child and spousal support each month, you can use the free Texas child support calculator. The child support lawyers at The Julian Firm understand that divorce and child custody hearings are stressful, emotional experiences for parents. Whether you are going to pay child support or receive payments from your former spouse, our spousal support family law attorney can answer your questions.
Since founding our Flower Mound family law firm, we have helped hundreds of people across North Texas to understand the complexities of Texas child support and seek fair payment agreements. When you schedule a consultation with The Julian Firm, we can help you with the Texas child support calculator and advise you of your rights regarding spousal support. Family law attorney Jared Julian is Board Certified in Family Law by the Texas Board of Legal Specialization.
How is Child or Spousal Support Calculated in Texas?
In Texas, child or spousal support is generally calculated based on the income of the paying parent known as the “obligor.” The obligor is the parent who does not have primary child custody or conservatorship. The state of Texas has a formula used to determine how much money is fair for an obligor to pay. The information used in a Texas child support calculator includes:
- Gross monthly income. This includes money from all sources, not just a job, and is the amount before tax deductions.
- The number of children included in the child support payments.
- The total amount currently paid for health insurance for the children. Usually, if the obligor is paying child support, then he/she pays for health insurance for the child(ren). However, this is not always the case depending on the insurance eligibility of both parents.
- The total number of children. An obligor who has had a prior divorce may be supporting those children as well.
- The total monthly child support payments you are already making for other children. If an obligor is currently paying child support, then payments may be lowered.
As a general rule in Texas, you pay 20 percent of your income to support one child. You pay an additional five percent for each additional child. However, you will never pay more than 40 percent of your total income in spousal or child support. With this information, you can estimate monthly child support payments to your former spouse.
However, this is only a simple calculation. There are many other factors the court will consider before deciding a fair monthly payment. Speak with our child support attorneys for a more in-depth calculation with your specific divorce situation in mind.
How is Child or Spousal Support Determined in Texas?
A few numbers are not enough for a court to get an accurate picture of your circumstances or the needs of your child. Although the Texas child support calculator is a good place to start, your actual monthly payments may be very different.
For example, if your child has special needs, you may have to pay child support indefinitely instead of just until he or she turns 18 or graduates from high school. The amount of time your child spends with you, if you do not have physical custody, may also make a difference when calculating child support. The court will consider these and other special circumstances before the judge makes a ruling about child support responsibilities.
A child or spousal support case can consider almost anything that affects your finances or standard of living. However, some factors are not typically allowed to influence your child custody payments. These include:
- Your former spouse’s income. Unless you and your spouse have joint and equal custody, his or her income does not affect your payments. Even if your ex-wife or ex-husband makes significantly more than you, if she or he has primary conservatorship, you still have to pay child support.
- Your new spouse’s income. If you remarry, the court will not hold your new spouse responsible in any way for your child(ren). Child support payment calculations will only include your earnings.
Our spousal support family law attorney in Flower Mound can help you present an accurate picture of your circumstances during your Texas divorce proceedings. We will fight to make sure the support payments are fair whether you are the one paying or receiving child support.
How Can I Change My Child or Spousal Support Payments?
Your child or spousal support family law attorney can submit a modification request to the Texas family court, if your circumstances change significantly. For example, losing your job, changing jobs or being in a life-altering accident could be grounds to apply for child support modification.
Every three years, your spousal support family law attorney can have a Texas judge review your child or spousal support arrangements. You can do these whether or not your circumstances changed dramatically. During a review, the judge will examine your case again, take into consideration all that has happened since the original agreement and may choose to amend your child or spousal terms. If you would like a review of your child or spousal support or custody arrangements, then our spousal support family law attorney can determine if you qualify.
Still Need Help? Contact a Spousal Support Family Law Attorney.
Our spousal support family law attorney wants to help you no matter which side of child support payments you are on. If you are the paying parent, then learn how to ensure that you are not responsible for higher child support payments than the law requires. If you are the recipient parent, then learn how the court can enforce the court order if your former spouse or partner does not comply.
For years, the partners at The Julian Firm, P.C. have proudly served families from Plano to Arlington and all the surrounding North Texas towns in family law matters. Call (972) 459-4400 to arrange for an initial consultation. Our experienced spousal support family law attorneys of Flower Mound can discuss your questions about child support in Texas.