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Guidelines Child Support And Other Relevant Child Support Issues

Guidelines Child Support And Other Relevant Child Support Issues

Introduction

In the state of Texas, family law governs the legal relationships between family members. The Texas Family Code outlines the rights and responsibilities of parties involved in family law cases. Two important sections of the Family Code are 154.062 and 154.065. These sections govern the child support guidelines and are vital in ensuring the financial stability of the child. This blog will compare and contrast the provisions of sections 154.062 and 154.065, and analyze the impact of these sections on child support cases.

Comparison Of Section 154.062 And Section 154.065

Section 154.062 of the Texas Family Code outlines the child support guidelines. The section provides that the court shall order child support in an amount calculated based on the net resources of the obligor. The guideline amount is determined by applying a percentage to the net resources of the obligor. The percentage varies depending on the number of children involved in the case. For example, if there is one child, the court may order the obligor to pay 20% of their net resources as child support. If there are two children, the court may order the obligor to pay 25% of their net resources.

Section 154.062(b) outlines the factors that the court must consider when determining the net resources of the obligor. These factors include the obligor’s salary, wages, and other forms of income, such as bonuses and commissions. The court may also consider the obligor’s investment income, rental income, and retirement benefits. Additionally, the court may consider the obligor’s expenses, such as taxes, health insurance, and child support for other children.

Section 154.065, on the other hand, provides an alternative method for calculating child support. This section allows the court to deviate from the guidelines if the guidelines would not be in the best interests of the child. Under section 154.065(a), the court may consider the following factors when deciding whether to deviate from the guidelines:

  1. The age and needs of the child
  2. The ability of the parents to contribute to the support of the child
  3. The financial resources of the child
  4. The child’s educational needs
  5. The standard of living the child would have enjoyed if the marriage had not ended
  6. The parents’ debts and obligations
  7. The amount of time the child spends with each parent

The court may also consider any other relevant factor when deciding whether to deviate from the guidelines.

Contrast Of Section 154.062 And Section 154.065

While both sections are aimed at ensuring the financial stability of the child, there are significant differences between them. Section 154.062 is the default method for calculating child support in Texas, and it provides a standardized method for determining the amount of child support to be paid. The guideline amounts are based on a percentage of the obligor’s net resources, and the court is required to consider the factors listed in section 154.062(b) when determining the obligor’s net resources.

In contrast, section 154.065 provides an alternative method for calculating child support. This section allows the court to deviate from the guidelines if the guidelines would not be in the best interests of the child. The court must consider the factors listed in section 154.065(a) when deciding whether to deviate from the guidelines. The factors listed in section 154.065(a) are more subjective than the factors listed in section 154.062(b), and the court has more discretion when applying them.

Impact Of Section 154.062 And Section 154.065 On Child Support Cases

The guidelines are meant to ensure that child support payments are fair and consistent. However, there are situations where the guidelines may not be appropriate, and section 154.065 provides an alternative method for calculating child support.

In the case of In re Marriage of Joyce, 164 S.W.3d 792 (Tex. App. 2005), the court applied section 154.065 to determine the appropriate amount of child support. In this case, the father argued that the guideline amount of child support was too high and would result in him being unable to meet his own needs. The court found that the father’s argument was persuasive and determined that it would be in the best interests of the child to deviate from the guidelines. The court considered the factors listed in section 154.065(a), including the father’s financial resources and obligations, and ordered a lower amount of child support.

In another case, In re Marriage of Caperton, 444 S.W.3d 271 (Tex. App. 2014), the court used section 154.062 to determine the amount of child support. The mother argued that the father’s net resources should include the value of his stock options, but the court disagreed. The court found that the value of the stock options was not included in the definition of net resources in section 154.062(b), and therefore, could not be considered in calculating child support.

The impact of section 154.062 and section 154.065 on child support cases can also be seen in cases where the court must decide whether to deviate from the guidelines. In the case of In re Marriage of Joyner, 244 S.W.3d 224 (Tex. App. 2007), the court used section 154.065 to determine whether to deviate from the guidelines. The father argued that the guidelines would result in an unfair amount of child support because he had significant debts and obligations. The court agreed and found that it would be in the best interests of the child to deviate from the guidelines.

Conclusion

In conclusion, sections 154.062 and 154.065 of the Texas Family Code play a crucial role in determining the appropriate amount of child support in Texas. Section 154.062 provides the default method for calculating child support, while section 154.065 provides an alternative method that allows the court to deviate from the guidelines in certain circumstances. While section 154.062 is used in the vast majority of cases, section 154.065 is important in cases where the guidelines would not be in the best interests of the child. It is essential to understand the provisions of both sections and how they may apply to your specific case when seeking or challenging a child support order.

Other Relevant Child Support Issues

Section 154.123 of the Texas Family Code is an important provision that outlines the factors that a court must consider when determining child support in Texas. This section provides guidance to judges and parties involved in child support proceedings, as it sets out the relevant criteria that must be taken into account when making a determination of child support. In this blog post, we will provide an overview of section 154.123, discuss the relevant case law, and offer a conclusion on the importance of adhering to the statute’s requirements.

Overview Of Section 154.123

Section 154.123 of the Texas Family Code provides a list of factors that a court must consider when determining child support. These factors include:

  1. The age and needs of the child;
  2. The ability of the parents to contribute to the support of the child;
  3. Any financial resources available for the support of the child;
  4. The amount of time the child spends with each parent;
  5. The child’s educational expenses;
  6. The child’s health care expenses;
  7. The child’s child care expenses;
  8. The child’s extracurricular activities;
  9. The cost of travel required to facilitate visitation; and
  10. Any other relevant factor.

When considering these factors, the court must also take into account the best interests of the child.

Relevant Case Law

The Texas courts have addressed section 154.123 in a number of cases. For example, in the case of In re Marriage of Thurmond, 109 S.W.3d 923 (Tex. App. 2003), the court held that the trial court had properly considered the relevant factors when setting child support. In that case, the father had argued that the trial court had failed to consider the financial resources available to the mother’s new husband, who had adopted the child. However, the court found that the trial court had taken into account all relevant financial resources, including those of the new husband.

Similarly, in the case of In re Marriage of Morales, 215 S.W.3d 54 (Tex. App. 2006), the court held that the trial court had properly considered the child’s health care expenses when setting child support. In that case, the father had argued that the trial court had erred by not taking into account the child’s pre-existing medical conditions. However, the court found that the trial court had properly considered all of the child’s health care expenses, including those related to the pre-existing conditions.

In contrast, in the case of In re Marriage of Woodall, 363 S.W.3d 37 (Tex. App. 2011), the court held that the trial court had failed to properly consider the cost of the father’s travel required to facilitate visitation when setting child support. In that case, the father lived in Louisiana and the child lived in Texas with the mother. The father argued that the trial court had failed to take into account the significant cost of his travel to Texas for visitation. The court agreed, finding that the trial court had failed to give proper weight to this relevant factor.

Conclusion

Section 154.123 of the Texas Family Code is a critical provision for parties involved in child support proceedings. As demonstrated by the above case law, the statute provides specific factors that must be taken into account when determining child support, and parties seeking child support must adhere to these factors. Additionally, the case law shows that the Texas courts will carefully consider all relevant factors when making a determination of child support. It is important for parties involved in child support proceedings to be aware of the factors listed in section 154.123 and to present evidence that supports their position with respect to each factor. Failure to do so may result in an unfavorable outcome in the case against them. Contact Daniel Ogbeide Law for more information on child support.


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