Income | Timeshare Factor
The Department of Child Support Services and the court follow the child support guidelines defined by state law in Family Code Section 4055. This state law provides a standard mathematical formula for determining the amount of child support.
Each parent is expected to pay for the support of the child(ren) according to his/her ability. To determine the proper child support amount, the court uses a “Statewide Uniform Guideline Formula.” The most important components of the formula are the number of children involved, the parents’ incomes, and the amount of time each parent is responsible for the child (“timeshare”).
Income
The guideline formula uses both parents’ average, after-tax income, from any source. Income is money from almost any source including, but not limited to:
- Self-employment
- Wages (including tips, bonuses, commissions)
- Interest income on savings accounts and other investments
- Unemployment benefits
- Certain disability payments
- Worker's Compensation
- The judge may consider the amount of money a parent is capable of earning, instead of the parent’s actual income.
The following are deducted from earnings:
- taxes
- mandatory union dues and retirement contributions
- health insurance
- child and spousal support actually being paid
The court may allow deductions such as:
- job-related expenses
- extraordinary health expenses
- uninsured catastrophic losses
- minimum basic living expenses of either parent’s other child(ren)
Timeshare Factor
The more time a parent spends taking care of a child, the lower their required financial contribution. Spending time taking care of the child is considered to be support of the child, and therefore that parent’s financial contribution is lowered for that child.
It is important to understand that child support is not retroactive, prior to the date of filing or service. The department will only be able to collect arrears (past-due child support) based on child support that was previously ordered.
To access the Statewide Guideline Calculator, click here.
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