If you are a non-custodial parent, it means that you don’t have physical custody of your children. However, you have legal possession and access rights, including visitation. You may also still have legal custody which means that you participate in important decisions regarding your children.
The court order will, in many cases, also require the noncustodial parent to pay child support to help to provide for the needs of the children, including any medical and dental costs. The amount of support to pay will be determined by Texas child support guidelines if parents cannot agree.
Noncustodial parents who wish to ask the court to change the amount of monthly child support payments can seek the support of an attorney to review the existing court orders and help you build your case.
How Courts Determine Child Support In Texas
The Texas Family Code states general guidelines that the judge will consider when calculating child support for the non-custodial parent. The court will consider the net resources of non-custodial parents. This is calculated by taking the total income received by a non-custodial parent and subtracting health insurance premiums and other court-ordered expenses for the child, federal income tax, retirement contributions, union dues and Social Security taxes.
The child support amount will then be calculated as a percentage of the net income calculated based on the number of children. Under the schedule stated in the Texas Family Code, the court may order the parent to make child support payments equal to the following:
- 20% of net income for one child
- 25% for two children
- 30% for three children
- 35% for four children
- 40% for five children or more.
If you earn a net income over $7,500 per month, the court can also look to increase Texas child support by non-custodial parents.
Challenging Child Support Obligations
All decisions made regarding child support obligations must be in the child’s best interests. If you want to request a review of the child support amounts you have to pay each month, you will need to show a material change in your child’s situation or your circumstances. Some examples include:
- Financial situation of both parents
- A significant change in employment income i.e. a job loss
- Changing needs of the child
- Health issues
- Extraordinary healthcare or education expenses
Your lawyer can advise you on your rights as a non-custodial parent and plan your case.
Child Support For A Non-custodial Parent
Have questions about a non-custodial parent’s rights? Wish to challenge or modify existing child support court orders? Contact an experienced attorney. The family law experts at Sean Lynch have decades of experience in family law. Contact us today for a no-cost case review.