Last Updated on September 28, 2023 by Turner Thornton
Do Gifts Count Toward Child Support Payments in Texas?
Many parents wonder if gifts count toward child support payments in Texas. The short answer is no. In Texas, child support payments are based on a formula that considers the non-custodial parent’s income and the number of children they have. Gifts are not considered part of this calculation, as they are not regular, ongoing expenses.
Child support is meant to cover the day-to-day expenses of raising a child, such as food, housing, clothing and health insurance. While your children probably appreciate gifts, they do not go toward the ongoing costs of raising a child.
That said, if you are struggling to make your child support payments, you may have legal options. You may be able to modify your child support order if your financial situation has changed since the original order was issued. A modification may be granted if there has been a “material and substantial change” in circumstances, such as a job loss or reduction in income.
Ultimately, the most important thing is to ensure your children are cared for, even if that means making sacrifices in other areas of your life to pay child support. If you have concerns about your child support payments or need help modifying your child support order, it’s important t speak with an experienced family law attorney.
Our team has extensive experience handling child support cases in Texas. We can help you understand your legal rights and options and work to ensure that your children’s needs are being met and your obligations are being fulfilled.
How Are Child Support Payments Calculated in Texas?
Under the Texas Family Code, child support payments are calculated using a formula based on the income of both parents and the number of children they have. The formula considers the parent’s gross income, which includes all income before taxes and other deductions.
The calculation also considers any Social Security taxes, Medicare taxes, and other deductions required by law. Additionally, certain expenses, such as health insurance premiums and childcare costs, may be factored into the calculation.
The formula used to calculate child support in Texas is as follows:
- For one child: 20 percent of the non-custodial parent’s net income
- For two children: 25 percent of the non-custodial parent’s net income
- For three children: 30 percent of the non-custodial parent’s net income
- For four children: 35 percent of the non-custodial parent’s net income
- For five or more children: 40 percent of the non-custodial parent’s net income
The calculation is based on the non-custodial parent’s income, meaning the parent with primary custody of the child is not factored into the calculation. However, the custodial parent’s income may be considered if the non-custodial parent can demonstrate that the custodial parent’s income is significantly higher than their own.
How Child Support is Paid in Texas?
According to the Texas Attorney General, there are six ways to pay child support including:
- Electronically Online
- By Mail
- Cash or Money Order
- Kiosk Locations
- Wage Withholding
- Bank Autodraft
As you can see by this list, gifts do not count as child support. If you give your child a gift in lieu of child support, you will not get credit for it – even if the other parent agrees to it. That means it will not be deducted from your child support obligation and you will still be required to pay the full monthly amount.
Questions About Child Support? Contact Us.
If you have questions about how child support payments are calculated in Texas or need help understanding your legal options, we can help. Our team of attorneys at Varghese Summersett Family Law Group has decades of combined experience fighting and winning child support cases in Texas.
Call us today at 817-900-3220 to schedule a consultation with an experienced Fort Worth child support attorney.
FAQ: Child Support Laws in Texas
If you’re going through a divorce or separation and have children, it’s important to understand the laws surrounding child support in Texas. Here are some frequently asked questions and answers about child support laws in Texas:
Child support is a court-ordered payment made by one parent to the other parent to help cover the costs associated with raising a child.
Child support is calculated based on a formula that considers each parent’s income and the number of children they have. The formula is outlined in Section 154 of the Texas Family Code.
Typically, the non-custodial parent (the parent who does not have primary custody of the child) is responsible for paying child support.
Child support is meant to cover the day-to-day expenses associated with raising a child, such as food, housing, and clothing. Child support may also cover expenses such as health insurance premiums, childcare, and educational expenses.
Yes, child support payments may be modified if there has been a significant change in circumstances, such as a job loss or reduction in income. To modify a child support order, you must file a petition with the court and provide evidence of the change in circumstances.
If a parent fails to pay child support, they may be subject to enforcement actions, such as wage garnishment or a suspension of their driver’s license. Additionally, they may be held in contempt of court and face fines or even jail time.
No, gifts are not considered part of the calculation for child support payments in Texas. Child support payments are based on a formula that considers each parent’s income and the number of children they have.
Have questions about child support payments in Texas? Call us today.
If you have questions about child support laws in Texas or need help with a child support case, it’s essential to speak with an experienced family law attorney. At Varghese Summersett, our team of skilled family law attorneys has extensive experience handling child support cases in Texas. Contact us today at 817-900-3220 or online to schedule a consultation.
