Decatur Family Law and Probate Attorney

Can a child support amount deviate from the state guidelines?

On Behalf of | Jul 31, 2024 | Divorce

Children are a priority in a Texas family law case. A fundamental aspect of ensuring a child is cared for after the parents have ended their relationship is determining a fair amount in child support. The state has specific guidelines in place that will be used to decide how much it will be. However, there are times when one or both parents argue that the amount is not suitable.

The key is to serve the child’s best interests. That means they will have a safe place to live, appropriate clothing, food, medical care, dental care, the means for extracurricular activities and a positive environment. When the support order is decided upon, it is important to know what is considered and when there could be a deviation from the guidelines based on the law.

Factors to be considered with child support guidelines

From the start, the court will consider the parents’ income and assets; the child’s needs; and how many children there are. There are other factors that can be considered when assessing the situation, looking at the guidelines and deciding whether they are appropriate.

The court can analyze the evidence and award an amount different from the guidelines when the circumstances call for it. Some of the more common examples include the parents being of significant means and having more wherewithal to pay an amount greater than what the guidelines would call for. Child care expenses could factor in with the parent who needs to secure employment after the divorce requiring extra payments to assist them.

More serious issues include extraordinary medical and dental costs. If the child has a condition or illness that makes it necessary for them to have medical treatment, rehabilitative care and therapy, then this too can be addressed in the support order and differ from what the guidelines might say.

In short, the court can decide that the guidelines are not sufficient to meet the child’s best interests and order an amount that would serve that purpose. Parents who are paying support or are receiving support need to be aware of these considerations.

Family law cases need to be judged individually

If parents are concerned that the child support guidelines will not suit their and their child’s needs or a parent who is expected to pay thinks the amount the guidelines will order is unfair to them, it is imperative to understand that they are not automatically used. The court has wide discretion in deciding on the amount. For these and other complex family law issues, it is wise to be prepared and know how to reach a fair result.