Under the new law anyone receiving child support under an existing order who was subject to the old cap can file a modification case and petition the court to raise the child support amount based on the new statute
Houston, Texas (PRWEB) June 28, 2007
For the first time since 1995, the maximum amount allowed under the Texas child support guidelines will increase as of September 1, 2007. Both the Texas Senate and the House unanimously passed the increase which will only affect high wage earners.
Under the current guidelines, a Court was limited to considering a payor's first $6,000 per month of net resources (similar to after-tax pay). The amendment raises this amount to allow the court to consider up to $7,500 per month of net resources. Effectively, this means that a court setting child support under the guidelines in a case where the payor has an annual gross income of $125,000 and one child will set the amount at $1,500, rather than the current $1,200.
It should be noted that the amendment does not automatically effect previous orders and applies only to cases filed on or after September 1st. "Under the new law anyone receiving child support under an existing order who was subject to the old cap can file a modification case and petition the court to raise the child support amount based on the new statute," says board certified Houston family law attorney Scott Morgan. "Given the substantial number of existing child support orders that were set based on the old cap, I believe we will see a very large number of modification actions filed this fall," he predicts.
Apparently cognizant of the overdue nature of the increase, the legislators included a provision requiring that the guideline cap amount be adjusted in 2013 to reflect inflation.
About Scott Morgan:
Scott Morgan is board certified in family law by the Texas Board of Legal Specialization. He has been a licensed Texas attorney practicing in the field of family law in Houston, Texas since 1994.
Attorney at Law
3040 Post Oak Blvd., Suite 1050
Houston, Texas 77056