While setting child support payment, Is the 20% of income figured from Gross or Net Income? Will the court take into consideration of Child health insurance premiums and travel expenses? Texas LawWhile setting child support payment, Is the 20% of income figured from Gross or Net Income?LAWS OF TEXAS: the c hild support office will take your gross - and figure out your net - using the information below.
hope this helps. I have attached the URL where I found it.
I got this from Texas family code chapter 154 subchapter B.
Its not as simple as 20% - they also take into consideration if you have health insurance on your child etc - and how much you pay monthly (going by the figures below)
SUBCHAPTER B. COMPUTING NET RESOURCES AVAILABLE FOR PAYMENT OF
CHILD SUPPORT
搂 154.061. COMPUTING NET MONTHLY INCOME. (a) Whenever
feasible, gross income should first be computed on an annual basis
and then should be recalculated to determine average monthly gross
income.
(b) The Title IV-D agency shall annually promulgate tax
charts to compute net monthly income, subtracting from gross income
social security taxes and federal income tax withholding for a
single person claiming one personal exemption and the standard
deduction.
搂 154.062. NET RESOURCES. (a) The court shall
calculate net resources for the purpose of determining child
support liability as provided by this section.
(b) Resources include:
(1) 100 percent of all wage and salary income and other
compensation for personal services (including commissions,
overtime pay, tips, and bonuses);
(2) interest, dividends, and royalty income;
(3) self-employment income;
(4) net rental income (defined as rent after deducting
operating expenses and mortgage payments, but not including noncash
items such as depreciation); and
(5) all other income actually being received,
including severance pay, retirement benefits, 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, and alimony.
(c) Resources do not include:
(1) return of principal or capital;
(2) accounts receivable; or
(3) benefits paid in accordance with aid for families
with dependent children.
(d) The court shall deduct the following items from
resources to determine the net resources available for child
support:
(1) social security taxes;
(2) federal income tax based on the tax rate for a
single person claiming one personal exemption and the standard
deduction;
(3) state income tax;
(4) union dues; and
(5) expenses for the cost of health insurance or cash
medical support for the obligor's child ordered by the court under
Section 154.182.
(e) In calculating the amount of the deduction for health
care coverage for a child under Subsection (d)(5), if the obligor
has other minor dependents covered under the same health insurance
plan, the court shall divide the total cost to the obligor for the
insurance by the total number of minor dependents, including the
child, covered under the plan.
Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 620,
搂 1
(e) In calculating expenses for health insurance coverage
for an obligor's child under Subsection (d)(5), if the obligor has
other minor dependents covered under the same health insurance
plan, the court shall divide the total cost to the obligor for the
insurance by the total number of minor dependents, including the
child, covered under the plan.While setting child support payment, Is the 20% of income figured from Gross or Net Income?gross income.some take other things into consideration like health insurance but not travel.
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