Revealing Facts Behind How Texas Calculates Net Resources in Child Support Cases
For anyone dealing with a separation, it’s fair to say child support is probably the last thing you want to confront. The entire process is extremely strenuous and then there might be figuring out how to accommodate for the steep financial costs of paying for child support. And if you think that standard paycheck stubs are the only thing the court is going to want to look at, think again. All assets are factored in to determine what the child support figure is here in Texas.
So, what are the most important and common assets analyzed for child support calculations?
This may sound like a “no-brainer,” but when the judge is determining what is owed for child support each month, he will want to know what are the net resources, AKA “total income.” While annual salary is of high interest, the judge will also want to know of all other sources of income as well. In Texas, these other revenue sources would include:
- Hourly Wages
- Severance Pay
- Rental Income (if you own and rent out a property)
- Worker’s Comp
- Social Security
Alright so these resources might not have surprised you, but here’s a few more financial resource calculations that the courts have found to be included in an obligor's net resources, some of which may catch you off guard.
In addition to any money earned as annual income, any money inherited can also be considered as a resource for determining child support figure. This was determined from a Dallas appeals court in 2010 — any cash inheritance from a third party is tallied up as a resource and can be used towards higher fiscal responsibility.
Personal Injury Awards
Believe it or not, judges consider a payout from an injury to also be money in play for child support. In Smith v. Hawkins of 2010, it was ruled that settlements from a personal injury case can be added to net resources when determining child support. The court decided that the father’s injury payout income could be liquidated without “unreasonable financial sacrifice” so he had to pay the mother more in child support.
Another resource for court consideration is unemployment checks, but the requirements are a bit more complicated. In Texas, it matters whether or not the individual is “intentionally” unemployed or even underemployed. Because simply quitting or purposefully losing a job could help with responsibility avoidance, the law requires analyzation of whether this person did indeed dodge out of employment. If it is determined that there was intentional unemployment or underemployment, these unemployment benefits would be added to net resources.
A Houston family law attorney who fights for fair treatment
Whether your resources are being unfairly attacked or your ex is intentionally hiding or reducing their income, Houston family law attorney Taly Thiessen has the court-tested strategies and experience necessary to fight for the fairest results possible. Schedule your consultation today to prepare for your child support and custody battles.