Posted by Mary E. Ramos | Child Support
Raising a child is expensive, whether they live with you or not. Child support payments often take a large chunk of a parent’s monthly paycheck. But what happens when the parent making payments has another child? Does child support go down if the father has another baby in Texas? Although less common, what about when a mother pays child support and has another baby? While the process is not automatic, a parent may request lowered child support payments if they have another child.
Modifying child support requires working with a family court directly or through the Texas Office of the Attorney General (OAG). If you need assistance with this process, the Ramos Law Group, PLLC, can help. We have guided countless clients through updating child support orders to align with changes in their lives. Through our commitment to legal education and dedication to excellence, we offer efficient, effective family law services.
Who Must Pay Child Support in Texas?
When a child’s parents raise them separately, they must arrange child custody and support. Usually, this means one parent has primary physical custody—the custodial parent—while the other has visitation rights—the non-custodial parent.
Both parents are legally obligated to support their children until they turn 18 or graduate high school, whichever occurs later. The custodial parent provides for the child’s daily needs, while the non-custodial parent typically pays child support.
How Does Texas Calculate Child Support?
At the basic level, Texas’ child support guidelines are relatively simple. If the non-custodial parent does not have children with anyone else, they pay a minimum set percentage of their monthly income in child support.
Monthly income includes:
- Wages, salary, tips, bonuses, overtime, self-employment income, and commissions;
- Social Security Disability (SSDI) and Veterans Affairs (VA) Disability;
- Unemployment benefits;
- Social Security Retirement benefits; and
- Worker’s Compensation benefits.
Supplemental Security Income (SSI), VA Pensions, and Temporary Assistance for Needy Families (TANF) benefits do not count as income.
Basic Child Support Guidelines
The noncustodial parent pays the custodial parent the following percentage of their net monthly income based on the number of shared children:
- One child: 20%,
- Two children: 25%,
- Three children: 30%,
- Four children: 35%, or
- Five or more children: 40%.
If the noncustodial parent wants to pay a higher percentage, they may choose to do so.
Child Support Guidelines For Multiple Families
When the noncustodial parent has other children, the calculation shifts as follows:
So, does child support go down if the father has another baby in Texas? Or if the mother has another baby? Yes, your child support obligation changes when you have additional children. However, your current order remains in effect until you modify it.
How Do You Pay Child Support in Texas?
In Texas, you may have obtained a child support order directly from a family court during another legal proceeding, such as during a dissolution of marriage case, or through the Child Support Review Process (CSRP) run by the Texas OAG. Regardless, you pay through the OAG’s online portal.
Why Does Child Support Go Down If the Father Has Another Baby in Texas?
Although your legal obligation decreases if you have another child, the decrease does not occur automatically. Generally, child support modification requires a material and substantial change in circumstances since the previous order went into effect.
When a child support order becomes inconsistent with the child support guidelines, a court may modify the order consistent with the child’s best interests. Significantly, Texas law directs that a court “shall” modify child support orders to align with the guidelines for children in multiple households. This provision means a new child’s birth legally qualifies as a material and substantial change.
How Do You Modify Your Child Support Order?
To modify your order, you can petition a family court or request a modification through the CSRP. If you petition a family court, you provide the order to the OAG afterward. If you use the CSRP system, the OAG sends your agreement to a judge for their signature.
Because having another baby generally qualifies as a material and substantial change, you may need only limited evidence. You may submit details about the new child’s birth, your obligation to support them, and your current income.
Get Help Modifying Child Support
When you add new children to your family, you naturally need to reallocate the support you provide your older children. The Ramos Law Group, PLLC, is a forward-thinking, award-winning family law firm with years of experience helping clients navigate child support obligations.
Contact us today to discuss your options.
Last Updated on August 20, 2024 by Mary E. Ramos
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