| Child and 
                Spousal Support:  Texas 
                law provides for specific ways of determining the amount of 
                monthly child support. The law as currently written determines 
                the amount per a simple calculation. 
                 Generally, child support is calculated at (the per who pays 
                support net monthly income) multiplied by (either 20% for one 
                child, 25% for two children, 30% for three children, and so on). 
                The Texas Family Code determines how many and how much the 
                monthly deductions are to determine gross monthly net income. 
                Obligors are entitled to deduct from their paycheck FICA and 
                Social Security Taxes as well as the cost of maintaining health 
                insurance for the children. Generally, 401(k) contributions or 
                any type of loan repayments deducted from the paycheck are not 
                allowed to be deducted in determining net monthly income. 
                 Additionally, the percentage that is applied in determining the 
                amount of child support will be reduced if the obligor has other 
                children that are not before the court and the person has a 
                legal responsibility to pay child support. 
                 The question of how to determine net monthly income is 
                sometimes difficult to determine if the obligor (per who will be 
                paying support) has been unemployed or changes jobs frequently. 
                Generally, Court’s will average a person’s monthly income over a 
                period of time if there has been fluctuations in the amount of 
                income a person receives. Additionally, if a person is 
                unemployed at the time a child support order is established the 
                Court’s will base child support based upon the federal minimum 
                wage at 40 hours a week. The Court’s and our society impose an 
                absolute duty to financially support one’s children. When 
                special circumstances exist or there are gaps in employment, 
                there isn’t a hard and fast rule as to how to calculate current 
                child support and factors such as what County you reside in, 
                what Court you are in and ultimately what Judge will hear your 
                case play a factor.  
                 The penalties for not paying child support are severe. This 
                includes civil penalties, attorney’s fees, judgment liens on a 
                person’s house (even if they are remarried), liens on federal 
                income tax refunds, and ultimately jail terms. 
                 You are a single parent trying to get child support or enforce 
                a child support order that is being ignored by the person who is 
                supposed to pay, then contact a private lawyer. If you can not 
                afford a lawyer please contact the Texas Attorney General at 
                http://www.oag.state.tx.us/child/index.shtml. If you are married 
                and separated, the Attorney General will not handle your 
                divorce, but they will establish a child support order until you 
                can afford to retain a lawyer to complete and consummate a 
                divorce. 
                 If you are paying child support and your income changes to the 
                point that you can not afford to pay your monthly child support 
                obligation to contact a lawyer to lower your child support. As 
                described above it’s relatively simple to calculate current 
                child support (unlike other states that have complex child 
                support calculations) and Court’s regularly lower the amount due 
                to reflect current earnings. 
                 
                   
                  www.dallasdivorcelawyer.com 
                  Turley 
                    Law Center 
                    6440 North Central Expressway, Suite 450 (Corner of N. Central Expy. & University Blvd.) 
                    Dallas Texas 75206 
                  Telephone: 
                    (214) 977-9050 
                   
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