Child Support Outside the Guidelines
The Child Support Guidelines are a starting point. They reflect what the divorce court presumes to be in the best interests of your children. However, like many presumptions in the law, your Woodlands Divorce Attorney can help you attempt to rebut the presumption if it is appropriate that you receive more or pay less child support than what the guidelines provide for.
What Will the Court Consider?
Once your Woodlands Divorce Attorney is able to successfully rebut the presumption that the standard guidelines should apply the court should consider all the relevant factors of your case in determining the appropriate child support. Some of the most important factors the courts have traditionally considered are:
- the age and needs of the child;
- the ability of the parents to contribute to the support of the child;
- any financial resources available for the support of the child;
- the amount of time of possession of and access to a child;
- the amount of the parent that pays child support’s (obligee) net resources, including the earning potential of the obligee if the actual income of the obligee is significantly less than what the obligee could earn because the obligee is intentionally unemployed or underemployed and including an increase or decrease in the income of the obligee or income that may be attributed to the property and assets of the obligee;
- child care expenses incurred by either party in order to maintain gainful employment;
- whether either party has the managing conservatorship or actual physical custody of
- the amount of alimony or spousal maintenance actually and currently being paid or
received by a party;
- the expenses for a son or daughter for education beyond secondary school;
- whether the obligor or obligee has an automobile, housing, or other benefits furnished by his or her employer, another person, or a business entity;
- the amount of other deductions from the wage or salary income and from other
compensation for personal services of the parties;
- provision for health care insurance and payment of uninsured medical expenses;
- special or extraordinary educational, health care, or other expenses of the parties or of
- the cost of travel in order to exercise possession of and access to a child;
- positive or negative cash flow from any real and personal property and assets, including a business and investments;
- debts or debt service assumed by either party; and
- any other reason consistent with the best interest of the child, taking into consideration
the circumstances of the parents.
That is a long list. The details of your divorce case may require additional factors be considered as well. Speak with a Woodlands Divorce Lawyer today if you need help determining the appropriate child support in your unique situation.
About the Author
The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.