For anyone dealing with a separation, a Houston divorce lawyer is probably the first thing on your mind. It’s also probably fair to say child support is probably the last thing you want to confront. Divorce and Houston child custody are emotionally draining processes that can leave with you with little energy left.
The entire process is extremely strenuous and then there might be figuring out how to accommodate for the steep financial costs of paying for child support. And if you think that standard paycheck stubs are the only thing the court is going to want to look at, think again.
The stakes could be high in some situations because in most cases, child support modification in Texas can only take place once every three years. That’s a long time, and know that all assets are factored in to determine what the child support figure is here in Texas.
So what are the most important and common assets analyzed for child support calculations?
Total Income
This may sound like a “no-brainer,” but when the judge is determining what is owed for child support each month, he will want to know what are the net resources, AKA “total income.” While annual salary is of high interest, the judge will also want to know of all other sources of income as well. In Texas, these other revenue sources would include:
- Salaries
- Hourly Wages
- Commissions
- Bonuses
- Overtime
- Tips
- Interest
- Royalties
- Severance Pay
- Rental Income (if you own and rent out a property)
- Pensions
- Annuities
- Worker’s Comp
- Social Security
- Prizes
Alright so these resources might not have surprised you, but here’s a few more financial resource calculations that may catch you off guard.
Inheritance
In addition to any money earned as annual income, any money inherited can also be considered as a resource for determining child support figure. This was determined from a Dallas appeals court in 2000 — any cash inheritance from a third party is tallied up as a resource and can be used towards higher fiscal responsibility.
Personal Injury Awards
Believe it or not, judges consider a payout from an injury to also be money in play for child support. In Smith v. Hawkins of 2010, it was ruled that settlements from a personal injury case can be added to net resources when determining child support. The court decided that the father’s injury payout income could be liquidated without “unreasonable financial sacrifice” so he had to pay the mother more in child support.
Unemployment
Another resource for court consideration is unemployment checks, but the requirements are a bit more complicated. In Texas, it matters whether or not the individual is “intentionally” unemployed or even underemployed. Because simply quitting or purposefully losing a job could help with responsibility avoidance, the law requires analyzation of whether this person did indeed dodge out of employment. If it is determined that there was intentional unemployment or underemployment, these unemployment benefits would be added to net resources.
A Houston Family Law Attorney Who Will Fight for The Fairest Treatment
Whether your resources are being unfairly attacked or your ex is intentionally hiding or reducing their income, Houston family law attorney Taly Thiessen has the court-tested strategies and experience necessary to fight for the fairest results possible. Schedule your consultation today to prepare for your child support and custody battles.
About Thiessen Law Firm
Thiessen Law Firm was founded by top Houston DWI lawyer Mark Thiessen. After establishing a reputation as leading Houston intoxication manslaughter lawyers and Houston drug lawyers, Thiessen has gone from strength to strength by introducing sought-after Family Law and Houston Personal Injury practices areas.
Whether you need counsel on child custody laws in Texas for unmarried parents, facing intoxication manslaughter charges, anything in between, no one fights harder for you freedom than Thiessen Law Firm. Believe it.
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