What percent of my pay will my current wife get for child support if we divorce?

03/16/2007 - Category:Divorce - Child Support - State: TX #1624

Full Question:

I have 3 kids by 2 different women. I am paying 20% of my gross pay for the first child. My other two were with my current wife. My question is what percentage of my gross pay would go to my other 2 kids?

Answer:

The Texas Family Code contains guidelines for the computation of child support. The guidelines are specifically designed to apply to situations in which the obligor's monthly net resources are $6,000.00 or less. In such cases, the court presumptively applies the following schedule:

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 or more children - Not less than 40%

If the obligor's net resources exceed $6,000.00 per month, the Court shall presumptively apply the above percentages to the first $6,000.00 of net resources. Without further reference to the percentage, the court may order additional amounts of child support. The court may not order the obligor to pay more child support than the presumptive amount (as calculated by multiplying the above applicable percentage times $6,000.00) or an amount equal to 100% of the proven needs of the child, whichever is greater.

In addition to monthly child support payments, the payor is required to maintain the children on the payor's employment health insurance policy. If insurance is not available through the payor's employment, but is available through the payee's employment, the payor will be ordered to pay the premium costs. If insurance is not available through either parties' employment, the payor will be ordered to provide insurance coverage to the extent available and affordable. Additionally, the Court usually makes orders regarding the payment of deductibles and other uninsured expenses.

Absent marriage or other acts which would emancipate the child, child support orders continue until the child reaches age 18. If the child is in high school at age 18, support continues until high school graduation. If the child is disabled, it may be possible to continue child support for an indefinite period. Texas law makes no provision for support during college, or the payment of college expenses. However, this can be done by a contract between the parties if an agreement can be reached on this issue.



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03/16/2007 - Category: Child Support - State: TX #1624

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