Will I Get Child Support?

There are many things to consider during a divorce if you are a parent, including how to financially support your child after the split. One big factor is child support – court-ordered payments that one parent gives the other to offset the costs of raising a child. Child support is typically paid by the noncustodial parent to the custodial parent; this means that if you have primary custody of your children (they spend the most time with you), you may receive child support from your ex. This only applies if your ex is the child’s biological or legal parent. For example, a stepparent who does not adopt your child will not be required to pay you child support.

The next thing to consider, after whether you will get child support, is how much child support you may get. In Texas, child support payments are based off the income of the parent that will be making the payments. The general guidelines suggest that the noncustodial parent will have to pay 20 percent of their net monthly income, increasing by 5 percent for each additional child. This leads to the following payment schedule:

• 20% of net monthly income – one child
• 25% of net monthly income – two children
• 30 % of net monthly income – three children
• 35% of net monthly income – four children
• 40% of net monthly income – five children or more

So, if you and your ex have two children together, you have primary custody over both, and your ex makes $8,000 per month, you may expect about $2,000 per month in child support. Payments will normally continue until your child graduates from high school or turns 18. Payments may also end if your child emancipates. If your ex refuses to make their child support payments, the Texas Attorney General may be able to pursue them on your child’s behalf.

If you are considering a divorce and have questions about child support, please contact Kirker|Davis for more information.