Child support is determined by the Texas Family Code Child Support Guidelines. Under the guidelines, the amount of child support to be paid is based upon the number of children and the net resources of the parent paying the child support. The calculation begins at 20 percent of the obligor’s net resources and increases by increments of five percent per additional child. Net resources include income from all sources minus certain deductions. The deductions include Social Security, taxes, federal income tax, union dues, and expenses for health insurance coverage for the children. The amount can deviate from the guidelines, if the court finds it’s in the best interest of the children.
The amount of child support can be changed by filing a motion to modify in the court with jurisdiction in the matter. A parent can seek to modify the amount of child support by presenting evidence that the circumstances of the child have materially and substantially changed since the previous order. Another ground is that it has been at least three years since the last order was rendered or modified and the amount of child support owed under that previous order differs by either 20 percent or $100 from the amount that would be awarded under the guidelines.
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