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How do different financial situations affect child support?

If you are paying child support in Texas, you may wonder how the court handles situations where you are self-employed or where you may not make much money. Because many people may have different financial situations, the law is set up to allow for all of them. Knowing how your situation will be handled can be helpful in insuring you do not fall behind on your support payments. 

If you do not have a job, the court makes an assumption as to your income for child support purposes that is based on the Texas Family Code. The assumption is that you can earn at least federal minimum wage at 40 hours a week. So, if you do not have any income, your support order is still based upon the income you could possibly make if you worked a full-time, minimum wage job. 

If you are in a situation where you own your own business, the court looks at your tax returns to get an idea of your income. You are allowed to claim deductions and credits as you do on your taxes, which could make your income lower. 

If you are employed but not making much money, you still are obligated to pay child support. The court will consider the situation. If it finds you are intentionally not working to earn more money, then your support is set based upon the assumed earnings at 40 hours a week making federal minimum wage. This information is for education only and not intended as legal advice.

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