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How is child support calculated?
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How does a court decide which parent will get custody of a child?
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How can I get the amount of my child support increased?
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| 4. |
At what age can a child decide with whom he or she wants to live?
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| 1. |
How is child support calculated?
In most cases, child support is calculated using a formula in the Texas Family Code. The payor's monthly "net resources" (a term defined by statute) is multiplied by a percentage, which is determined by the number of children at issue (e.g., the percentage for one child would be 20%). The payor is entitled to a reduction if he or she is also responsible for the support of another child.
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| 2. |
How does a court decide which parent will get custody of a child?
When the parents cannot agree on a custody arrangement, the court will make the decision for them after considering the totality of the circumstances, with the overriding consideration being the child's best interests.
In many cases, a consideration of these factors results in awarding custody to the parent who has been the child's primary caretaker. Although this is often the child's mother, any preference for the mother strictly on a gender basis is outmoded.
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How can I get the amount of my child support increased?
To modify the amount of child support (either an increase or decrease in the amount ordered), one of two things must be proven in court: either (a) you show that the circumstances of the child or a person affected by the order have materially and substantially changed since the date the order was signed; or (b) it has been three years since the order was signed and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child support guidelines.
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At what age can a child decide with whom he or she wants to live?
The court, not the child, is the ultimate judge of where the child's primary residence will be; however, at age 12, a child can sign a "Choice of Managing Conservator." This is a document that communicates the child's wishes concerning primary living arrangements to the court. In conjunction with this document, a Motion to Modify must be filed with the court before the court can modify its prior order. Although the "Choice of Managing Conservator" document is very persuasive to the court, it is not binding, as the court will attempt to make a decision which is in the child's best interest (which is not always what the child wants).
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