Waco Family Law
Child Support
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Please realize the information contained on this web site should not be construed as legal advice nor does it create an attorney-client relationship between us. It is simply here as a means for me to provide you some basic information for you to use when deciding on whether or not you need to hire an attorney. Because each case is different, it would be impossible for us to provide legal advice on a web site.
Gary Cunha, P.C., Attorney and Counselor at Law
100 N. 6th #604, Waco, TX 76701
254-752-4279 fax 888-748-5297
Child Support in Texas is based on the "best interests of the child[ren]." The standard is based on net resources from all sources (except for return of principal/capital, accounts receivable, TANF, federal public assistance, or foster care payments) less social security taxes, federal income tax (based on the rate of a single person claiming one personal exemption and the standard deduction), state income tax (if any), union dues, and the cost of health care for the child.
If the obligor (person paying child support) has no other children to support, take the above number and multiply it by:
.20 for one child
.25 for two children
.30 for three children
.35 for four children
.40 for five children
at least .40 for six or more children

If the obligor has more children not before the court then use the chart below:
      children before the court
                          1 2 3 4 5 6 7
children 1 .175 .225 .2738 .322 .3733 .3771 .38
not 2 .16 .2063 .252 .3033 .3543 .36 .3644
before 3 .1475 .19 .24 .29 .34 .3467 .352
court 4 .1360 .1833 .2314 .28 .3289 .336 .3418
              5 .1333 .1786 .225 .2722 .32 .3273 .3333
              6 .1314 .175 .22 .266 .3127 .32 .3262
              7 .13 .1722 .216 .2609 .3067 .3138 .32

The judge can deviate from the schedule shown.
May be brought in court of continuing exclusive jurisdiction (the Attorney General often brings these in IV-D court, but you may have this heard by your trial judge), no jury trial is allowed.
Grounds for modification are:
  1. By party's agreement;
  2. at least 3 years since last court order and monthly support would differ by $100 or 20%; or
  3. a material and substantial change
Modification of Child Support