How is Child Support determined?

Child Support is the legislature's attempt to provide financial balance for children who grow up living with only one parent. All parents have a legal duty to support their children.

Generally, the judge who signs the child support order has broad discretion to determine the amount of child support a parent should pay. The amount of child support ordered should be in the child's best interest. State legislatures have established guidelines to help a judge determine child support. The guidelines are presumed to be in a child's best interest.


For instance, in TEXAS, the guidelines give the court a percentage to apply to a parent's net resources. For a parent who has no other children outside the current court proceedings, the percentage to be applied is as follows:

• 20% for 1 child,
• 25% for 2 children,
• 30% for 3 children,
• 35% for 4 children,
• 40% for 5 or more children.

In cases where the Obligor, or parent who is obligated to pay child support, has other children to support, the percentages are slightly lower.

A court may consider other factors to determine if applying the guidelines would be unjust or inappropriate in a particular case. Those factors may include:


• the child's age and needs;
• the parent's ability to contribute to the child's support;
• any financial resources available for the child support;
• the Obligee's (person receiving child support) net resources and earning potential;
• child care expenses;
• whether either party has actual physical custody of another child;
• the amount of alimony or spousal maintenance;
• the child's educational expenses;
• employee benefits such as housing or a company car;
• health insurance and uninsured medical expenses for the child;
• extraordinary educational, healthcare or other expenses of the child;
• travel expenses incurred to exercise visitation;
• positive or negative cash flow from real or personal property, and assets like businesses or investments;
• any other reason consistent with the best interest of the child,
taking into consideration the circumstances of the parents.

Texas Family Code, Section 154.123.


Information Not Legal Advice. This posting has been prepared for general information purposes only. The information on this web site is not legal advice.

Also, laws vary from state to state, so some information on this web site may not be correct for where you live. Laws also change frequently so the information contained in this web site is not guaranteed to be up to date.

Top 5 Things NOT to do when you are in a child custody battle!

What often gets forgotten in a custody battle is the only thing that really matters- what is in the best interests of the children. Unfortunately, parent often get caught up in their ill-will toward each other and lose sight of what is most important.... the children.

In order to keep your focus on what is important, here is a list of what NOT to do when in the midst of a child custody case:

1. Don't bad mouth the other parent in court. The court is only concerned with what is in the best interests of the child! If the other parent text message you that you are a b-tch or an a--hole, the court does not care. Unless it is something that has to do with something that adversely affects the children, keep bite your tongue.
2. Don't post picture of you doing a beer bong, or partying with your friends on Facebook or MySpace. You are an adult and a parent.... ACT LIKE ONE!.
3. Don't call the police on the other party for no reason just to try to get leverage on the other party. If it's not justified, the court will see right through it and it could adversely affect your chances of getting what you are requesting.
4. In Court- do not argue with the other party. Speak only to the judge and be polite and professional.
5. Do not deny the other parent any visitation they may already be entitled to just because they are behind or not paying child support. That is not an acceptable reason to the court, and it will not help you in your child custody case.

Tennessee Code on Child Custody

The following is a relevant portion of the Tennessee Code pertaining to child custody. Highlights have been added for emphasis. Also, note that Tennessee will take into consideration the reasonable wishes of children ages 12 and older.

36-6-106. Child custody. —

(a) In a suit for annulment, divorce, separate maintenance, or in any other proceeding requiring the court to make a custody determination regarding a minor child, the determination shall be made on the basis of the best interest of the child. The court shall consider all relevant factors, including the following, where applicable:
(1) The love, affection and emotional ties existing between the parents or caregivers and the child;
(2) The disposition of the parents or caregivers to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent or caregiver has been the primary caregiver;
(3) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment; provided, that, where there is a finding, under subdivision (a)(8), of child abuse, as defined in § 39-15-401 or § 39-15-402, or child sexual abuse, as defined in § 37-1-602, by one (1) parent, and that a nonperpetrating parent or caregiver has relocated in order to flee the perpetrating parent, that the relocation shall not weigh against an award of custody;
(4) The stability of the family unit of the parents or caregivers;
(5) The mental and physical health of the parents or caregivers;
(6) The home, school and community record of the child;
(7) (A) The reasonable preference of the child, if twelve (12) years of age or older;
(B) The court may hear the preference of a younger child on request. The preferences of older children should normally be given greater weight than those of younger children;
(8) Evidence of physical or emotional abuse to the child, to the other parent or to any other person; provided, that, where there are allegations that one (1) parent has committed child abuse, as defined in § 39-15-401 or § 39-15-402, or child sexual abuse, as defined in § 37-1-602, against a family member, the court shall consider all evidence relevant to the physical and emotional safety of the child, and determine, by a clear preponderance of the evidence, whether such abuse has occurred. The court shall include in its decision a written finding of all evidence, and all findings of facts connected to the evidence. In addition, the court shall, where appropriate, refer any issues of abuse to the juvenile court for further proceedings;
(9) The character and behavior of any other person who resides in or frequents the home of a parent or caregiver and the person's interactions with the child; and
(10) Each parent or caregiver's past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, consistent with the best interest of the child.

Find out more on How To Assert Your Parental Rights! CLICK HERE.

Mediation and Child Custody

What is “mediation” with regard to child custody?
When parents cannot agree on who will have “custody" of their children, the judge will send them to mediation. In some states, like California, it is mandatory that parties go to mediation before they have a hearing in front of a judge.

What if the parties cannot agree on custody?
The judge may ask a “mediator” to assist the parties with making a bustody agreement or parenting plan or to suggest one. A parenting plan states who the child lives with and who makes
important decisions for the child. It also can cover visitation and child support.

What is a “mediator”?
Mediators are neutral, third parties who try to facilitate a resolution for the parties. They help
parents make parenting plans that are good for the children. Mediators know how to work with separated couples, and they are trained to understand domestic situations. If you are worried about your safety or your children’s safety and welfare, you should tell the mediator. You are permitted to speak with the mediator alone.

What do mediators do?
The mediator will try to help you make a parenting plan that:
• protects you and your children
• states how you and the other parent will make decisions about the children
• states when the child will be with each parent

Mediators also can suggest safe ways to get the children to and from visits with the other parent.
Mediators can also tell you about getting help with housing, counseling and other family related issues.

A mediator is used to try to get the parties to come to a good resolution, without the need to have a hearing before the court. However, a mediator's recommendations are not binding. If an agreement cannot be reached, then the child custody issue will go before a judge, who can make a binding decision, called an "order."

California Family Code Regarding Child Custody

Ever wonder what the California Code states regarding child custody? Well, here you go. Below is a key section of the Family Code in California.

3020. (a) The Legislature finds and declares that it is the public policy of this state to assure that the health, safety, and welfare of children shall be the court's primary concern in determining the best interest of children when making any orders regarding the physical or legal custody or visitation of children. The Legislature further finds and declares that the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the child.

(b) The Legislature finds and declares that it is the public policy of this state to assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy, except where the contactwould not be in the best interest of the child, as provided inSection 3011.

(c) Where the policies set forth in subdivisions (a) and (b) of this section are in conflict, any court's order regarding physical or legal custody or visitation shall be made in a manner that ensures the health, safety, and welfare of the child and the safety of all family members.

CLICK HERE to Find Out More!

Child Custody and Visitation Factors

What are some of the main issues the courts consider when deciding child custody and visitation?

In California, and in many states, the law states that courts must give child custody according to what is in the best interest of the child or children. This is true whether you are before the judge to establish a new parenting plan or modify an existing child custody and/or visitation order. Primarily, they take into consideration the children’s health, safety and overall wellbeing to decide whether to give custody to one or both parents.

That being said, what is “the best interest of the child”? Factors the courts will consider in making this determination include, but are not limited to:

• the age of the child,
• the health of the child,
• the emotional ties between the parents and the child,
• the ability of the parents to care for the child,
• history of family violence and/or substance abuse, and
• the child’s ties to school, home, and his or her community.

Despite what many people think, the Courts do not automatically give custody to the mother, no matter what the age or sex of your children. In addition, Courts cannot deny a parent's right to custody or visitation just because you were never married to the other parent, or because you or the other parent has a physical disability, or a different lifestyle, religious belief or sexual orientation. Again, it goes back to what is in the "best interest of the child."

Consistent with the "best interest of the child" philosophy, in some cases, if giving custody to either parent would harm the children, courts can and will give custody to someone other than the parents because it is in the best interest of the child(ren). Usually, this is type of custody is called “guardianship,” where someone who is not the parent asks for custody of the children because the parents cannot adequately care for the child or children.

Find out more.

California Child Custody

While each state varies with regard to child custody and visitation laws, the factors considered by the courts are very similar in principle, namely what is in the best interests of the child. For instance, in California, the court has the power to make an order for the custody of a minor "that seems necessary or proper."

Primary concern is given to the child's health, safety and welfare. In addition, frequent and continuing contact with both parents is of great importance in determining child custody.

In short, custody and visitation determinations are to be made from the standpoint of the child's best interest. In making the "best interest" determination, the court can consider any "relevant" factors, such as taking into account the child's health, safety and welfare and whether there is any history of physical abuse.

Because the California Courts are obligated to lean toward shared parenting, increasing one's child custody rights and visitation time is available to most parents. Furthermore, the courts and now more open and accessible to those who want to, or need to, represent themselves due to financial constraints.

With the affordable help of a professional, legal document preparation company, parents can now assert their parental rights for less money than ever before. What's more impressive are the legal services out there that are actually provided by licensed attorneys, and not just legal document preparers.

CLICK HERE to find out how you can assert your parental rights at a LOW FLAT FEE!