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North Houston Attorneys The Law Offices of Smith & Garg, Attorneys at Law

Child Support

and Health Insurance

Conroe Child SupportThe general provisions for child support are a matter which is strictly laid out in the Family Code. However, a court in special circumstances has the authority to increase the amount of child support. When discussing child support, it is important to understand that a court will generally order child support to be paid by the parent who is not the primary custodial parent. That is, the parent who does not provide the primary residence to the child or children. Then, the court will order support to be paid until the child is 18 years old or until the child graduates from high school whichever is later. Child support also terminates if the child is emancipated through marriage, through removal of the disabilities of a minority by court order, or by operation of law. Additionally, child support terminates upon the death of the child or obligor.

One of the most confusing and grossly misunderstood part of a divorce deals with payment of child support. However, it is really quite simple. The basic guidelines for child support apply to net income per month up to $6000. If an obligor, the person paying child support, has income over $6000 per month, additional child support is based on the demonstrated need of the child. That being said, child support for one child is 20% of the obligor's net resources. Child support for two children is 25% of the obligor's net resources. Child support for three children is 30% of the obligor's net resources. Child support for four children is 35% of the obligor's new resources. Child support for five children is 40% of the obligor's net resources. And, child support for six and more children cannot be less than the amount of support for five children. The next logical question, given that we have defined the relative percentages which needs to be paid for child support based on the number of children, is how we define net income. Net income is not the amount listed at the bottom of a paycheck stub after taxes have been deducted. The court calculates net resources by compiling all the obligor's earnings and then by excluding or deducting the following: return of principle or capital, accounts receivable, benefits paid in accordance with aid for families with dependent children, social security taxes, federal taxes, state income taxes, union dues, and expenses for health insurance coverage which are paid by the obligor. Health insurance is usually paid by the non-custodial parent or the parent charged with paying child support. Health insurance can either be paid wholly by the non-custodial parent under their policy or, if the custodial parent's insurance is superior, the non-custodial parent will be ordered to pay the premiums or any amount deducted from their check to cover the cost of health insurance.

If you are in the process of getting a divorce or have already been served with divorce papers, you need the help of a competent and aggressive Conroe Divorce Attorney or a Spring Divorce Attorney.  Contact the Montgomery County, Texas Divorce attorneys at Smith & Garg today to schedule a consultation.  
If you are in the process of getting a divorce or have already been served with divorce papers, you need the help of a competent and aggressive Conroe Divorce Attorney or a Spring Divorce Attorney.  Contact the Montgomery County, Texas Divorce attorneys at Smith & Garg today to schedule a consultation.  
For further information please select any of the following links listed below. Each link will describe a part of the divorce process. In the event you are in need of further information, please contact Smith & Garg today to speak with an attorney or schedule a consultation!
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