Texas Divorce Law...

Texas Law - What Other Factors Determine Child Support?

In addition to the child support guidelines, the court may consider the following factors:

• The age and needs of the child.
• The ability of the parents to contribute.
• Any financial resources available to the child.
• The amount of time and access to possession of the child.
• The recipient's earning capacity, not just actual earnings.
• Child care expenses of either party.
• Whether the party is the custodial or visiting parent for another child.
• Alimony actually being paid.
• College costs.
• Job perks such as car, home, or other benefits.
• Amount of other deductions from the parties' wages.
• Provision of health care and coverage of payment of medical costs.
• Special educational, health or other expenditures for the child or a party.
• Cost of travel for visitation.
• Cash flow or drain from land, business, or investments.
• Debts of either party.
• Any other reasonable factor.

Section 154.123.

Cases:

Finch (1992) 825 SW2d 218 (court could consider earning capacity, as opposed to actual earnings, in a case in which evidence supports the claim that the owner of an auto repair shop had deliberately earned less in the year of divorce; earnings went from around $30,000 to near zero).

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