How Mental Health Issues Affect Divorce and Custody

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How Mental Health Issues Affect Divorce and Custody

by Aaron Wallace in Child Custody, Child Support, Divorce, Uncategorized Tags: , ,

Divorce can be one of the most stressful experiences one can have. Adding mental health issues only further complicates matters, especially when child custody is at issue. Parents with mental health issues are often afraid their diagnosis will be weaponized against them, while other parents may have genuine concerns for the safety and welfare of their child. Mental health challenges can have financial implications on a divorce as well. Navigating these issues can be difficult but not impossible. The right assistance is key.

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Child Support and High-Income Earners

by Brian Mc Namara in Child Support

Child Support is Based on Net Monthly Income

In Texas, child support is calculated based on the payor’s (or obligor’s) net monthly income. The Texas Family Code states that net income is to be calculated by “subtracting from gross income social security taxes and federal income tax withholding for a single personal claiming one personal exemption.” Tex. Fam. Code §154.061(b). This means that simply attempting to calculate one’s child support obligation based on his or her take home pay is a mistake. Payments for monthly health insurance premiums, 401(k) contributions, and other payroll deductions not specified in the family code will be included for purposes of calculating one’s net monthly income. In addition to wages and salary, rental income, retirement and annuity income, disability, unemployment, and gifts are all considered income for purposes of calculating child support. Read More “Child Support and High-Income Earners”

What Are The Caps On Child Support?

by Brian Mc Namara in Child Support

Child Support Calculations and Caps in Texas

Aside from wrapping up technicalities in a divorce, the government is most concerned about how the splitting couple will provide for the children, so an important question to ask is: what are the caps on child support and how is it calculated? High earners who are not aware that a cap exists in Texas could end up paying more than the amount required by law, though that is certainly allowed. The parties may agree to whatever support above the cap they feel comfortable with, but the cap is a helpful reference point for that discussion. It is determined by statute through the Attorney General’s office. Only in rare cases may a Judge set child support above the cap. Read More “What Are The Caps On Child Support?”

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