Texas law says how much child support should be paid.  But, in a friendly divorce, the parties can agree to not having child support payments, or they can agree to a different amount of support than the law dictates. Tex. Fam. Code Ann.§154.123(a)

Child Support

Statement on Guidelines

In accordance with Texas Family Code section 154.130, the Court makes the following findings and conclusions regarding the child support order made in open court in this case on:

1. The amount of child support ordered by the Court deviates from the guidelines.
2. The net resources of Petitioner are $_______.
3. The net resources of Respondent are  per month are $________.
4.  The amount of child support applied to the first $8,550 of the obligor’s net resources is $ 0.00
5.  The specific reasons that the amount of child support per month ordered by the court varies from the guidlines is: The parties have come to a mutual agreement that formal child support would not be in the best interest of the child;

The parties have successfully shared the financial responsibilities of the child since their separation on _________________.

The child’s age and needs are such that both parties can equally meet the needs of the children.

The parties ability to contribute to the support is equal between the parties.

The time spent with the children is equal as designated in the parenting plan.

The obligor and obligee have the following:  a household, and a vehicle that the children will enjoy during their periods of possession with either parent.

*This is just an example of some language that can be used to deviate from the guidelines and have an order for no child support in Texas.

The Texas Law that Allows You to Agree on The Amount of Child Support that is In the Best Interest of Your Children.

Sec. 154.123. ADDITIONAL FACTORS FOR COURT TO CONSIDER. (a) The court may order periodic child support payments in an amount other than that established by the guidelines if the evidence rebuts the presumption that application of the guidelines is in the best interest of the child and justifies a variance from the guidelines.

(b) In determining whether application of the guidelines would be unjust or inappropriate under the circumstances, the court shall consider evidence of all relevant factors, including:

(1) the age and needs of the child;

(2) the ability of the parents to contribute to the support of the child;

(3) any financial resources available for the support of the child;

(4) the amount of time of possession of and access to a child;

(5) the amount of the obligee’s net resources, including the earning potential of the obligee if the actual income of the obligee is significantly less than what the obligee could earn because the obligee is intentionally unemployed or underemployed and including an increase or decrease in the income of the obligee or income that may be attributed to the property and assets of the obligee;

(6) child care expenses incurred by either party in order to maintain gainful employment;

(7) whether either party has the managing conservatorship or actual physical custody of another child;

(8) the amount of alimony or spousal maintenance actually and currently being paid or received by a party;

(9) the expenses for a son or daughter for education beyond secondary school;

(10) whether the obligor or obligee has an automobile, housing, or other benefits furnished by his or her employer, another person, or a business entity;

(11) the amount of other deductions from the wage or salary income and from other compensation for personal services of the parties;

(12) provision for health care insurance and payment of uninsured medical expenses;

(13) special or extraordinary educational, health care, or other expenses of the parties or of the child;

(14) the cost of travel in order to exercise possession of and access to a child;

(15) positive or negative cash flow from any real and personal property and assets, including a business and investments;

(16) debts or debt service assumed by either party; and

(17) any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents.

Call us, We Can Handle Your Custom Child Support Order.

(210) 271-2800

If you and your spouse have an agreement for child support, or for no child support, consider hiring Cook & Cook.  So long as your child support, or agreement for no child support is in the best interest of the kids, we can have your divorce agreement entered accordingly.