Houston, TX asked in Family Law and Child Support for Texas

Q: I just filed for child support. The other parent is a first responder and most of his income is from 1099.

Will they base his payments on both or only on his primary job.

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2 Lawyer Answers
Sharita Blacknall
Sharita Blacknall
  • Plano, TX
  • Licensed in Texas

A: In Texas, child support is generally calculated based on the obligor's net resources, which include all sources of income such as wages, commissions, overtime pay, rental income, and self-employment income (including 1099 income).

The Texas Family Code typically considers all available resources, not just income from a primary job. So, if the other parent in your situation is earning income both from a regular job as a first responder and additional 1099 income, it's likely that both would be included in the calculation for child support.

However, the actual determination could depend on various factors such as the specific circumstances of the case.

Elisa  Reiter
Elisa Reiter
  • Dallas, TX
  • Licensed in Texas

A: According to Texas Family Code Chapter 158, in a proceeding where periodic payments of child support are ordered, modified, or enforced, the court or the Title IV-D agency shall order income withholding from the disposable earnings of the obligor.

The amount of child support payments is determined by the obligor's "net income," which is calculated by the court per the Texas Family Code. If the obligor (the person paying), has other minor children, he is entitled to an offset for those children provided he is either under a court order to pay child support for those other children, or the additional children live with him and he can prove that he is supporting those minors.

If the other parent is a first responder and most of their income is from 1099, the state has legal authority to request that child support payments be withheld from independent contractor income, although the withholding process may be more complicated than for traditional employees. You may need more than one withholding order issued to more than one employer.

Therefore, it is likely that the child support payments will be based on both the primary job and the income from the 1099s. Good luck.

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