Texas Family Code §154.125(a)(1) requires that every six years the presumptive amount of net resources to which the child support guidelines apply shall be reviewed and adjusted for inflation by the Texas Office of the Attorney General (OAG). That section sets out the formula for doing so based on the consumer price index.
The OAG must publish the adjusted amount in the Texas Register before September 1st of the year the change will take effect.
The last adjustment was done in 2013 when the current amount of $8550 per month was established.
What could this mean for you? First of all the term “net resources” is defined in the Texas Family Code, and does not mean gross monthly income, or even a person’s “net pay” as reflected on their pay stub. To have monthly net resources of $9200, a person would have gross monthly income roughly in excess of $12,000 per month.
Child support under the guidelines is determined by applying the applicable percentage, beginning at 20% for one child and increasing incrementally for each additional child, to the net resources amount. If a child support obligor has monthly net resources over $9200, a party seeking above the guidelines child support has the burden of proving to the court that additional support should be ordered according to factors set out in Texas Family Code §154.126.
Calculating child support is rarely as easy as simply applying the percentage to net monthly income after taxes, as the guidelines also consider the cost of required health insurance and dental insurance for the children, which are specific to each situation.
If you have questions as to how the adjusted child support guidelines may affect you and your family, contact me, Carrington Coleman’s board certified Family Law specialist, at ceiker@ccsb.com.