One of the most important factors in the dissolution of a marriage in Texas is the duty to support any and all children of the marriage. Parents have the duty to support their child, which includes providing the child with clothing, food, shelter, medical and dental care, and education. Tex. Fam. Code §151.001(a)(3). The duty to support begins at the child’s birth, and ends either with the minority of the child ending, the termination of the parent-child relationship, the child entering into active military service, the death of the child, or remarriage of the parents.
The Texas Family Code has set out guidelines for child support. These “guidelines” set the percentage to be paid by the non-custodial parent based on that parent’s net income, and the number of children of the marriage. Several factors may be considered when applying these guidelines, however there is a presumption that the following percentages are in the best interest of the child:
1 child of the marriage = 20% of the non-custodial parent’s net resources
2 children of the marriage = 25% of the non-custodial parent’s net resources
3 children of the marriage = 30% of the non-custodial parent’s net resources
4 children of the marriage = 35% of the non-custodial parent’s net resources
5 children of the marriage = 40% of the non-custodial parent’s net resources
6 children of the marriage = 45% of the non-custodial parent’s net resources
In addition to the monthly support payments, the non-custodial parent is required to maintain health coverage for the children of the marriage.
These are just the basics of child support in Texas, and one should contact a qualified attorney for a comprehensive evaluation of rights and duties. Also, please look to this website for future articles on related topics.
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