Does Child Support Increase if My Salary Increases?
You got a raise or a higher-paying job. Will this affect your child support payments in Texas?
Who doesn’t like pay raises? Getting a higher-paying job is always exciting, since the cost of living seems to increase all the time. However, if you have been through a divorce and children are involved, you may wonder if you will need to pay more child support.
This is a valid concern, as it is possible that the other parent may file a modification and ask for a higher support amount. So, before you splurge on a new sports car, make sure you understand any increases in child support you may need to pay. Read on to learn more.
Can My Support Amount Go Up?
If you earn substantially more money than you did before, then yes, it is possible you could end up paying more for child support. However, your monthly support amount will not go up automatically. Either you or the other parent will have to file a modification with the court. Modifications are based on the income of the noncustodial parent.
A modification may be necessary in the following situations:
- The noncustodial parent's income has increased or decreased.
- The noncustodial parent has additional children he or she is responsible for.
- The child is now living with a different parent.
- The child's health insurance coverage has changed.
However, not every change in income requires a change in child support. Sometimes, the court will look at the income of the custodial parent and compare it to the child’s proven needs to determine if the child’s needs are being met. Occasionally, Texas has denied child support increases—even if noncustodial parents have received significant income increases—as long as the child’s needs are met. This is tricky however, so make sure to contact a qualified Pearland Family Law Attorney to evaluate each situation.
What Determines Child Support?
Child support is based on the net resources of the noncustodial parent. Net resources generally equal the sum of all the noncustodial parent’s sources of income minus:
- Income taxes (for 1 dependent)
- Social Security taxes (for 1 dependent)
- Health/dental insurance (for the child or children “in” the case)
- Mandatory retirement contributions
- Mandatory union dues
When referring to resources, income may include money from:
- Self-employment income
- Severance pay
- Retirement benefits
- Social security benefits
- Veterans disability benefits
- Unemployment benefits
- Worker’s compensation benefits
- Interest income
How to Change the Support Amount
Child support amounts can only be changed by one of two ways:
- In-office negotiation, or Child Support Review Process (CSRP)
- Court hearing
Because child support is a court order, it cannot be changed by a verbal agreement between the parties. There needs to be a modified order by one of the above methods.
Contact a Pearland Family Law Attorney
Even though parents are legally required to financially support their children, child support can be a contentious issue. There are often issues about how much money a parent should pay and not many parents feel they should pay more if they make more money.
Have questions or concerns about child support? Seek legal help from John Powell III, P.C. We can guide you through the process and determine if a modification is necessary. Get started by scheduling a consultation. Fill out the online form today.