Comments on: Child Support Guideline Cap Raised

By: AR

AR — Wed, 17 Aug 2011 18:44:20 +0000

Are there any expectations as to what extent they may be adjusting the maximum next year? Thank you!

By: Scott

Scott — Sun, 12 Jul 2009 16:23:30 +0000

Jackie, any kind of income is included under the statute, specifically including bonus and commission income. It sounds like your child support was set using the old guideline maximum and I would recommend that you talk to a Midland family law attorney about a potential modification case to raise it to the current guideline maximum for two kids ($1875). Good luck!

By: Jackie Halphen

Jackie Halphen — Thu, 09 Jul 2009 16:39:21 +0000

My ex makes close to 200,000 a year we live in Midland Texas. Why am I only getting 1500 a month for 2 children??? Do quarterly bonuses count???They are regular and are about half of his income.

By: Scott

Scott — Thu, 12 Mar 2009 14:02:09 +0000

Gloria, it might be depending on the particular facts of your situation, especially your ex’s current income level. If you believe he makes $125k or more per year than I would recommend you consult with a good family law attorney about a possible modification. That would mean that he should be paying $1500/month (if only one child). That is $3600 per year in additional child support, so depending on how long it will be until your child reaches majority that is probably worth looking into. There are a lot of details and variables involved so my best advice is to consult with an experienced family law lawyer about your case. Good luck!

By: Gloria

Gloria — Thu, 12 Mar 2009 13:34:42 +0000

I am presently receiving the cap of 1200.00 a month. Would it be worth going back to court for the new cap.

By: Scott

Scott — Mon, 09 Jun 2008 20:11:53 +0000

Henry, the statute calls for the court to calculate the payor’s monthly “net resources” which is basically your gross pay minus certain specific deductions –

(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 health insurance coverage for the obligor’s child.

Notice that the statute does not allow you to calculate it based on your actual deductions (ie, 401k, total health insurance, actual withholding tax amount, etc.) but only using the specific listed deductions. There is actually a chart that family law attorneys typically use to calculate the amount.

By: Henry Mata

Henry Mata — Mon, 09 Jun 2008 19:36:03 +0000

is this first $7500/ month cap based on the net salary after all taxes, insurances, deductions from your paycheck? for example if your gross monthly pay is $9200 (annual $110400/year) but after all taxes and deductions end up with only $6100/ month take home money. Will still the cap be the same 20% or $7500/month