Here at The Law Office of Roland R. Esparza, P.C., many of the San Antonio clients with whom we work question how to accurately determine how much a parent can reasonably pay in child support. If you and your ex-spouse are able to come to an agreement on child support on your own, then the court will likely respect that. However, if you are not, then the decision of determining child support payments falls to the courts own formula. Before applying that formula, however, the assets that your ex-spouse has available from which to make child support payments must be determined.
If your ex-spouse has been ordered to pay child support as part of your divorce decree, then the Texas Family Code specifically states that he or she is required to provide the court with information sufficient enough to paint a clear picture of his or her current financial status. The information required typically includes:
- Current statements regarding his or her financial accounts.
- Employment pay stubs.
- Two years of tax returns (typically the most recent two years).
If, for whatever reason, your ex-spouse is unable to furnish court officials with this information, the state has put in place wage and salary presumption guidelines to help make a determination of his or her income on its own. That presumption is that he or she has an income equal to the amount earned for a 40-hour work week at the federal minimum wage. The only time that this presumption would not be applied is if your ex-spouse is currently incarcerated or is scheduled to be detained for more than 90 days.
More information on determining child support payments can be found on our site.