What is child support? Think you know?

            Many people, oftentimes listening to other people equally uninformed, have significant misunderstandings about child support.  I hope to be able to clarify a couple of those.

            The first issue involves what is a "standard" child support amount.  By now, most people realize that there is a formula for what we call "guideline" child support.  Although this is not perfectly accurate, the amount is generally calculated by determining the amount of income minus taxes and minus the amount that the obligor (payor) pays for health insurance for the child.  That number is then multiplied by 20 percent in the case of one child, with increasing amounts for multiple children.  But this is not all that the obligor pays.  Child support also includes the health insurance on the child.  The court will also order, as additional child support, both parties to pay half of the uninsured medical expenses on the child.  In addition, sometimes other child related expenses are ordered such as educational expenses.  Many people don't include health insurance and uninsured medical expenses or other expenses when calculating their child support obligation.

            The second misconception is that the above-described guideline will always be used.  Although most judges rely on the guideline in the vast majority of cases, it is not the sole determinant of child support.  The Texas Family Code lists 17 criteria that the court can use to deviate from the guideline child support.  The court, if the case is properly presented, can provide for the actual needs of the child subject to many criteria such as the available funds, educational expenses, and other things.  The last criteria is that the court can consider "any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents."  That is so broad as to give the court wide-ranging discretion.  In reality, courts rarely vary from the guidelines and they have become more or less standard across the board, so it is incumbent on the attorney to properly present the case to the court.

            Whether you are seeking or paying child support, you need an attorney who can persuasively argue your position to the court.  The attorneys at the Bob Leonard Law Group, PLLC would be happy to discuss your particular problem with you.  If you would like to do so, please call us at 817‑336‑8500.