Child/Medical Support

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Child Support and Medical Support in Texas

Parents who are divorcing, or never married parents who are splitting up, are usually aware that they owe a legal obligation to pay child support. Mostly they don’t know who pays, how much, for how long, or that they are also required by law to provide medical support in the form of health insurance or cash reimbursement for the child’s medical care. They also do not know that under agreed circumstances, they may not have to pay child support. At Détente Collaborative Mdiation, the family attorney-mediator educates parents about medical support and child support in Texas. The attorney-mediator helps them work out a plan to provide for the children that suits the parent's ability to pay and is in the best interests of their children.

What is the benefit of mediating child support in Texas?

Texas’s child support guidelines are a minimum standard of support for a child set by the State. Many parents we see do not believe it is appropriate to provide only a minimum standard amount of money for the care and needs of their children. Frequently the children’s support needs legitimately exceed the guideline amount. Parents in mediation can agree to a different amount of child support, or they may even agree that child support is not needed. This sometimes happens when the parents’ income is approximately the same and they have the ability to share equally their children’s expenses and their time with the children.

At Détente, we encourage parents to look carefully at the real expenses of the child or children, evaluate the child’s living arrangements and individual needs, the parent’s ability to cover those needs, and adjust according to what is best for the family as a whole. Parents who cannot reach agreement on an amount of child support can bet the court will order the guideline amount. If a parent believes more than a guideline amount is appropriate, the parent must consider how much money he or she will spend in attorney’s and expert fees to present evidence and prove the need. The parent will also have to figure out whether that expense will nullify the increased amount of child support a judge may or may not order. Our attorney-mediator can help parents make these evaluations and come to a decision between themselves about the best course for their children and themselves considering all the options and alternatives.

Can we agree to an amount of child support that is different from the Texas guidelines?

The Texas legislature has developed guidelines for determining the amount of child support it presumes is in the best interest of the child based on the income of the paying parent. However, if parents make an agreement about the amount of child support that is different from the amount under the guidelines, a family judge will generally approve it if the judge believes it is in the best interests of the child. This is especially true if the parents negotiated the amount in mediation.

What happens if we cannot agree on the amount of child support? When does child support end?

If the parents cannot agree on the amount of child support in Texas, a judge can order one or both parents to pay child support and medical support. A parent’s legal obligation to pay child support and medical support in Texas lasts until the child turns eighteen or graduates from high school whichever is later (the child has to meet enrollment and attendance requirements); or until the child marries, is emancipated, or dies. However, a judge can order a parent to pay child support indefinitely for a disabled child.

The court can also order a parent to pay “temporary child support” during the period when a divorce is pending, and to pay “retroactive child support” if the parent did not pay child support in the past. Sometimes the Texas Attorney General’s office is involved in retroactive child support decisions. If the parent who is ordered to pay child support does not do so, the judge can fine him or her and ultimately impose jail time.

Child support can be paid in installments, in lump sum, or through an annuity. Whether the parents agree on the amount of child of support or the judge decides, the payments are generally taken directly from the paying parent’s paychecks by his or her employer. All child support payments are submitted to the state for distribution to the other parent. Be aware that child support payments made directly to a parent do not count.

How do I calculate child support in Texas?

Texas has a formula to determine the amount of child support it presumes is in the child’s best interest. In mediation we help you with these calculations. Basically, the amount is determined by figuring out the net monthly resources of the paying parent and applying guidelines established by the Texas legislature. Click here to get detailed information about how to calculate child support and to use a child support calculator.

Net monthly resources are:

One hundred percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);
Interest, dividends, and royalty income;
Self-employment income;
Net rental income (rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation); and
All other income actually being received, including severance pay, retirement pay, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, disability and workers' compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, child support, and alimony.

Net monthly resources do not include:

Return of principal or capital on a note not included in net resources;
Accounts receivable;
Benefits paid through Temporary Assistance for Needy Families (TANF);
Payments for foster care; or
Net resources of a new spouse.

Subtract these items from the calculation:

Federal income taxes paid for a single person claiming one personal deduction and the standard deduction;
State income taxes;
Social security taxes;
Union dues; and
Child's health insurance or cash medical support.

Annual net resources should then be divided by twelve to determine the average monthly net resources. To determine the amount of monthly child support, apply the child support guidelines to the net monthly resources (unless the child lives in more than one household in which case the calculations are different). For 2012, the maximum child support payment amount is based on a cap of $7,500 of net monthly resources. The maximum net monthly resource amount will be adjusted every six years according to inflation beginning in 2007. If the net monthly resources are $7,500 or less, the amount of child support is calculated as a percentage of the net monthly resources:

One Child 20% of net resources
Two Children 25% of net resources
Three Children 30% of net resources
Four Children 35% of net resources
Five Children 40% of net resources
Six Children Not less than 40% of net resources

If the net monthly resources are more than $7,500 the amount of child support may be adjusted upward if the child's proven needs are greater than the presumptive guidelines amount. A court may order one or both parents depending on their circumstances to pay the difference between the guideline amount and the child's proven needs, but the judge cannot order more than the presumptive amount of child support or one hundred percent of the child's proven needs, whichever is greater (unless of course the parents agree to that amount). If the child receives social security or disability benefits from the paying spouse's old age social security or disability benefits, those amounts are subtracted from the total amount of child support required under the guidelines.

If you are totally baffled (don’t feel bad, most people are), then try this Texas Child Support Calculator which will give you a pretty good idea of the monthly guideline amount.

What happens if the parents disagree about the amount under the guidelines?

If the parents disagree about the amount of child support that is in the child’s best interests, a judge may adjust child support up or down from the presumptive amount under the guidelines depending on:

The age and needs of the child;
Educational expenses beyond secondary school;
Provisions for health insurance and payment of uninsured medical expenses;
Extraordinary educational, health-care, or other expenses of the parties or the child;
Any resources available for the child's support;
Whether either party has managing conservatorship or possession of another child;
Each party's period of possession or access to the child;
Child care expenses that allow either party to maintain gainful employment;
Each parent's respective ability to contribute to the child's support;
The paying spouse's earning capacity if intentionally unemployed or underemployed and any deemed income;
Spousal maintenance paid or received;
Benefits such as a car, house, or other benefits paid by an employer, another person or a business;
Paycheck deductions other than those already factored into calculating net monthly resources;
Cash flow from any real or personal property including businesses or investments;
Debts assumed by either party; or
Any other reason consistent with child's best interest, taking into consideration the parents' circumstances.

The judge is not allowed to consider these factors:

A history of voluntary payment above the guidelines amount;
The sex of the paying spouse, the recipient spouse, or the child; or
The marital status of the child's parents.

How do I modify my child support payments in Texas?

Texas law allows a change in the amount of child support when there is a substantial change of circumstances. That can happen for example when a parent paying child support gets a better paying job or loses a job. Changes of circumstances that can change the amount of child support owed can also be when a child gets ill, becomes disabled, or develops a need for special education. In addition, the Texas Attorney General reviews the paying parent's income. The Attorney General will adjust the amount of child support if at least three years have passed since the child support was ordered and the difference in monthly support would be at least twenty percent or $100.

Will I have to pay for my child’s health insurance in a Texas divorce?

Yes. By law in Texas, the parent who pays child support is also required to provide medical coverage for the child. If the parent can do this through the parent’s health insurance at a reasonable cost, the parent must include the child on the policy. If the parent cannot get coverage through an employer, then the parent receiving the child support would provide coverage if available through his or her employer. The parent paying child support would still be responsible for the cost and would reimburse the other parent for the premiums. If neither parent has health insurance through an employer, then the court would order the child support paying parent to pay an amount (cash support) in addition to child support to cover the child's medical care.