Recent Changes in Texas Child Support Law

Child support change number one

The Texas legislature made a change in state child support law, effective September 1, 2013. The amended law specifically excludes non-service-connected disability pension benefits from the payor's net resources, for purposes of calculating child support. Texas Family Code section 154.062(b)(5) now says a payor's net resources shall also include:

(5) all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits other than supplemental security income, United States Department of Veterans Affairs disability benefits other than non-service-connected disability pension benefits, as defined by 38 U.S.C. Section 101(17), unemployment benefits, disability and workers' compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, and alimony.

Child support change number two

The Texas Attorney General has also exercised his authority under Texas Family Code section 154.125 to recalculate the net resources cap to take inflation into account. The new cap is $8,550, a $1,050 increase from the old cap of $7,500.

A payor's net resources are calculated by deducting social security taxes, federal income tax, state income tax, if any, union dues, and health insurance for the child, if paid by the payor, from the payor's gross income. Child support is then set at 40 percent of the payor's non-exempt net resources, up to a maximum monthly child support amount of $3,420.

There are exceptions to the Texas child support guidelines when special circumstances exist.

If you need assistance getting a child support order or modifying an existing order, contact Peterson Law Group, a Brazos County family law firm. We help clients throughout who need to seek or defend against a child support claim or modification. Call our office to make an appointment at 979-703-7014, or fill out our online contact form.