Legal Question in Family Law in Texas

What is the maximum percent that is taken out if there are 4 children with 2 each with different mothers and does health insurance get deducted from this in Texas?


Asked on 11/28/16, 9:43 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

I think what you're telling me is that you have two children with one mother and two children with the other mother.

When the Court calculates child support, they're supposed to deduct the amount that you actually spend to provide health insurance for the children before applying any percentages. In other words, when you go to Court on a case where child support is being set, you'll want to be able to give the Judge information about the health insurance premium that you pay � preferably with some kind of documentation.

The Court also deducts for taxes, using the tax charts that are in the Family Code. The amount that is shown in those charts may not be the same amount that is actually deducted from your paycheck, but it's usually close.

According to section 154.129 of the Family Code, each of these mothers gets 25% of your net income � net income being what's left after deducting for (1) insurance premiums and (2) taxes.

If you made $4500.00 per month GROSS ($54,000.00 per annum), the math would work out like this:

$4500.00/month GROSS = $3598.77/month NET (per the tax charts).

Less insurance premiums paid FOR THE CHILDREN ONLY: $489.00 (for example)

Dad's "adjusted" net income: $3109.77

x 25% = $777.44 (for Mom #1)

x 25% = $777.44 (for Mom #2)

Dad's total monthly child support for all four children: $1554.88

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Answered on 12/23/16, 11:08 am


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