Divorce does not mean you stop being a parent. Moreover, even if you are not a custodial parent, you still have a responsibility to care for and provide for your child. This is why child support is often an important part of divorce agreements.
Child support payments help the custodial parent ensure the child’s well-being. However, determining child support can sometimes lead to further disputes between couples.
Formula for calculating child support
If you and your spouse can’t agree on a child support payment plan, the state can step in and decide on the amount for you. Texas courts use a standard formula and your income to calculate child support payments.
Courts generally order noncustodial parents to pay a certain percentage of their salary. The percentage varies depending on how many kids you support:
- 20% of your income for one child
- 25% of your income for two children
- 30% of your income for three children
- 35% of your income for four children
- 40% of your income for five children
Take note that the percentage is applied after subtracting your Social Security taxes and health care premiums from your salary.
Consequences for unpaid child support
Not paying child support or only partially paying it can slowly increase your debt to your spouse and child. This is due to the 6% annual interest rate on any unpaid amount. Additionally, failure to provide child support can lead to serious legal consequences.
If you are unable to meet your court-ordered child support payments, the court can hold you in criminal contempt and have you arrested. The government may also impose other consequences, such as suspending your driver’s license, denying passport renewal or filing liens on your assets.
Modifying child support orders
Fortunately, you can ask the court to modify and reduce the amount you need to pay if your employment status or salary changes. You need to show proof to support a “material and substantial change” in your circumstances.
A seasoned family law attorney can assist you in gathering evidence and taking the proper steps to file for a modification order. They can also help you explore strategies that allow you to meet your parental obligations while ensuring your livelihood.