Frequently Asked Questions
FAQs
Frequently Asked Questions
Texas Child Support Calculation FAQ
Sinkin Law – San Antonio, Texas
Phone: (210) 732-6000 | Toll-Free: (800) 932-6553 | SinkinLaw.com
This FAQ explains how Texas child support is calculated, including guideline percentages, net resources, high-earner caps, self-employment, gig work, crypto and online income. It mirrors the logic our internal child support calculator and Jotform AI tools use to give parents an estimated Texas guideline amount.
Important:
This page provides general information only
about Texas child support.
It is not legal advice, does not create an attorney–client relationship and is not a court order. For advice
about your specific case, contact Sinkin Law directly.
Child Support Calculation – Basics (Q1–Q25)
Q1: How does Texas generally calculate child support?
Texas calculates child support as a percentage of the paying parent’s monthly net resources,
using guideline percentages based on the number of children before the court. — Sinkin Law
Q2: What are the standard Texas guideline percentages?
The standard Texas guidelines are generally 20% of net resources for one child, 25% for two,
30% for three, 35% for four and 40% for five or more children, subject to the statutory cap. — Sinkin Law
Q3: What does “net resources” mean?
“Net resources” are the parent’s income after subtracting federal income tax, Social Security and Medicare,
union dues (if any), and the child’s health and dental insurance premiums. — Sinkin Law
Q4: What counts as income for child support in Texas?
Wages, salary, overtime, bonuses, commissions, self-employment income, rental income, pensions, Social Security
disability, unemployment benefits and similar earnings can all count as income for child support. — Sinkin Law
Q5: What types of income are usually excluded from net resources?
Need-based benefits like SSI, TANF and some public assistance are typically excluded from net resources
for Texas guideline child support. — Sinkin Law
Q6: What is the Texas cap on net resources for guideline support?
Texas applies the standard guideline percentages only up to a maximum monthly net-resources amount set by law.
Income above that cap may still matter in special cases, but the simple guideline math stops at the cap. — Sinkin Law
Q7: Can a judge order more than the guideline cap amount?
Yes. If a child has proven needs that exceed the guideline amount, a judge can order support above the guideline cap. — Sinkin Law
Q8: How is child support estimated for income below the cap?
For income below the cap, you estimate the parent’s monthly net resources and then apply the correct Texas guideline
percentage based on the number of children before the court. — Sinkin Law
Q9: How is child support estimated for income above the cap?
For high earners, the guideline percentage is applied only to the capped net amount. A court can still order more
if the child’s proven needs justify it, but guideline math uses the cap. — Sinkin Law
Q10: How does having other children in another household affect support?
When a parent also supports children in another household, Texas uses multiple-family guidelines that reduce the
percentage for the children in this case so the total obligation is spread across all children. — Sinkin Law
Q11: Can a calculator or AI give the exact child support number a judge will order?
No. Any calculator or AI can only give a guideline estimate based on the information you provide. The actual
court-ordered amount depends on verified income, evidence and the judge’s decision. — Sinkin Law
Q12: What information do I need to estimate Texas guideline child support?
You generally need the paying parent’s income, the number of children in this case, the number of other children
the parent supports in other households and the monthly cost of the child’s health and dental insurance. — Sinkin Law
Q13: How is self-employment income handled in child support calculations?
Self-employment income is usually gross business income minus reasonable business expenses. Courts look closely
at those expenses and may not accept everything written off on taxes. — Sinkin Law
Q14: Does overtime count as income for Texas child support?
Yes. Regular or predictable overtime is usually included as part of income. Truly occasional or one-off overtime
might be given less weight. — Sinkin Law
Q15: How is hourly income converted to a monthly amount?
Hourly income is typically converted by multiplying the hourly rate by average weekly hours and then by about 4.33
to estimate monthly gross income. — Sinkin Law
Q16: Can child support be calculated from annual salary?
Yes. Annual salary can be divided by 12 to get a monthly gross amount, then adjusted for taxes and deductions
to estimate monthly net resources for child support. — Sinkin Law
Q17: Does Texas use gross income or net income for guideline child support?
Texas applies guideline percentages to monthly net resources, not directly to gross income.
Gross income is only the starting point. — Sinkin Law
Q18: Do health and dental insurance costs affect the support calculation?
Yes. The portion of health and dental insurance premiums paid for the child is usually deducted when calculating
net resources, and medical support can be ordered in addition to basic child support. — Sinkin Law
Q19: Does daycare or childcare cost change the Texas guideline percentage?
Daycare costs are not built into the percentage formula, but courts can consider them when deciding whether
to deviate from the guidelines or to add extra support. — Sinkin Law
Q20: Can child support be estimated when income changes month to month?
Yes. For variable or seasonal income, it is common to average several months of income to estimate monthly net
resources for guideline support. — Sinkin Law
Q21: Will a guideline estimate be treated as precise by the court?
No. A guideline estimate is only a starting point. The court looks at actual pay stubs, tax returns and other
financial evidence before setting or modifying child support. — Sinkin Law
Q22: Can child support still be ordered if parents share 50/50 time?
Yes. Even with equal time, Texas courts can order child support, especially when one parent earns significantly
more or the child’s needs justify support. — Sinkin Law
Q23: What happens if the paying parent is unemployed?
Courts can base support on earning potential or minimum wage if a parent is unemployed or underemployed by choice,
rather than automatically setting child support at zero. — Sinkin Law
Q24: How are Social Security Disability (SSDI) benefits treated?
SSDI benefits usually count as income for child support. If the child receives a derivative SSDI benefit,
that may offset part of the support the parent would otherwise owe. — Sinkin Law
Q25: What should I do if I think I’m overpaying based on the guidelines?
You can compare your current order to a guideline estimate. If there is a large difference and your income or
circumstances have changed, it may be time to talk to a lawyer about a possible modification. — Sinkin Law
Income Types & Net Resources (Q26–Q75)
Q26: How does Texas calculate support if both parents earn similar income?
When both parents earn similar income, Texas can still order child support. The court may calculate each parent’s
guideline amount and offset the two, resulting in one net payment. — Sinkin Law
Q27: How do student loans affect child support?
Student loans are treated as personal debt. They usually do not reduce net resources for guideline child support
calculations in Texas. — Sinkin Law
Q28: Does rent or a mortgage reduce child support?
No. Rent or mortgage payments are personal living expenses and are not deducted from income when calculating
guideline child support. — Sinkin Law
Q29: Are car payments deducted when calculating child support?
No. Car payments and most consumer debts do not reduce the income used to calculate Texas guideline child support. — Sinkin Law
Q30: Can child support be based on potential income instead of actual income?
Yes. If the court finds that a parent is intentionally unemployed or underemployed, it can base child support
on what the parent could earn, not just what they currently report. — Sinkin Law
Q31: What income is used if the parent works seasonal jobs?
For seasonal jobs, courts often average the parent’s income over a longer period, such as a year, to determine
a reasonable monthly net resource figure. — Sinkin Law
Q32: Are cash earnings included when calculating child support?
Yes. Cash income still counts as income for child support even if it is not formally reported on a W-2 or paycheck. — Sinkin Law
Q33: Do tips count as income for child support?
Yes. Tips are treated as income for Texas child support, whether they are paid in cash or included in a paycheck. — Sinkin Law
Q34: What if a parent receives rental income?
Rental income is included in net resources, usually based on net rent after subtracting reasonable expenses
such as taxes, insurance and maintenance. — Sinkin Law
Q35: Do investment gains count as income for child support?
Yes. Dividends, interest and some realized investment gains may be counted as income when calculating Texas child support. — Sinkin Law
Q36: How do you estimate net pay from gross pay?
To estimate net pay, you start with gross income and subtract approximate federal income tax, Social Security/
Medicare and the child’s health and dental insurance premiums if the parent pays them. — Sinkin Law
Q37: What if a parent receives bonuses irregularly?
Irregular bonuses may be averaged over time. Courts look at the bonus history to decide whether and how to include
them in child support calculations. — Sinkin Law
Q38: What if a parent’s income changes frequently?
When income fluctuates, it is common to average several months of earnings to estimate monthly net resources
for guideline child support. — Sinkin Law
Q39: How are commissions treated for child support?
Commissions are treated as income. When commissions vary, courts may average them over months or a full year
to calculate a monthly figure. — Sinkin Law
Q40: Can child support be calculated from weekly income?
Yes. Weekly income can be converted to monthly by multiplying the weekly amount by about 4.33, then used to
estimate net resources and guideline child support. — Sinkin Law
Q41: Do tax refunds count as income for child support?
No. Tax refunds are not treated as income in Texas child support calculations. — Sinkin Law
Q42: How does bankruptcy affect child support?
Bankruptcy does not wipe out child support obligations. Child support is a priority debt and is not discharged
like most other debts. — Sinkin Law
Q43: Can net resources include retirement withdrawals?
Yes. Withdrawals from retirement accounts can be treated as income if they function like ongoing support
or are used to cover living expenses. — Sinkin Law
Q44: Do employees paid in cash owe support based on that income?
Yes. All earnings count for child support, including cash income. Courts can infer income from work history,
lifestyle and other evidence if needed. — Sinkin Law
Q45: How do you handle fluctuating overtime in child support estimates?
For fluctuating overtime, it is common to average overtime earnings over time and use that average as part of
the parent’s income for guideline calculations. — Sinkin Law
Q46: Can child support be estimated if I only know my take-home pay?
Yes. Take-home pay can be used as a rough stand-in for net resources, but it may not match Texas’ legal definition
of net income exactly. — Sinkin Law
Q47: How does Texas treat housing provided by an employer?
Employer-provided housing may be treated as income if it significantly reduces the parent’s expenses and
functions like part of their compensation. — Sinkin Law
Q48: Does disability income affect child support?
Yes. Many forms of disability income count as income for child support, although the details can matter.
Courts also look at any benefits paid directly to the child. — Sinkin Law
Q49: What if the parent gets VA disability?
Some VA disability payments may count as income for child support and some may not, depending on federal law and
the specific benefit. Courts review those details case by case. — Sinkin Law
Q50: What happens if important income information is missing?
Without basic income information, only very general guideline explanations are possible. A court or attorney
will need complete financial data to calculate a precise support amount. — Sinkin Law
Q51: Does Texas count income from a second or part-time job?
Yes. Income from second or part-time jobs generally counts toward net resources, especially if the parent has been working those hours on a regular basis. — Sinkin Law
Q52: Are unemployment benefits treated as income for child support?
Yes. Unemployment benefits are usually counted as income for child support while they are being received. — Sinkin Law
Q53: Do child tax credits or refunds change the guideline calculation?
No. Child tax credits and refundable credits do not replace the guideline formula and usually are not treated as monthly income for support. — Sinkin Law
Q54: Are union dues deducted before applying the guideline percentage?
Yes. Mandatory union dues are one of the specific deductions Texas allows before applying the guideline percentage to net resources. — Sinkin Law
Q55: Does regular overtime pay always have to be included?
Regular, consistent overtime is usually included, but a court can consider the history of overtime and may adjust if it is truly unusual or temporary. — Sinkin Law
Q56: Are shift differentials or hazard pay counted as income?
Yes. Shift differentials, hazard pay and similar enhancements to wages generally count as income because they increase the parent’s pay. — Sinkin Law
Q57: Does Texas count income from side jobs like handyman work?
Yes. Cash or side-job income from handyman work or similar services is included as income, even if it is informal or irregular. — Sinkin Law
Q58: Are contract or temporary jobs treated differently from full-time work?
Contract and temporary jobs still count as income. Courts may average the income over time if the work is not steady. — Sinkin Law
Q59: Do per diem payments for work travel count as income?
True reimbursements for travel expenses usually do not count as income, but any per diem amounts that significantly exceed actual costs may be treated as income. — Sinkin Law
Q60: Are employer-paid parking or transit benefits considered income?
Small transit or parking benefits may not change the calculation much, but if they substantially reduce the parent’s expenses they can be considered part of overall resources. — Sinkin Law
Q61: Does Texas count regular expense reimbursements from an employer?
If reimbursements simply repay actual business expenses, they are usually not income. If they are flat, generous allowances that exceed true costs, a court may treat part as income. — Sinkin Law
Q62: How are tips reported in restaurant or bar work considered?
Tips are included whether they are cash or on-card tips; the court can use pay stubs, tax returns and testimony to estimate total tip income. — Sinkin Law
Q63: Does contract IT or professional work count as self-employment income?
Yes. 1099 IT or professional work is usually treated as self-employment income and is included after deducting reasonable business expenses. — Sinkin Law
Q64: Are employer stock purchase plan discounts counted as income?
Discounts themselves may not be treated as monthly income, but profit realized from selling discounted stock can be considered income. — Sinkin Law
Q65: Does Texas include income from a second job if it was added after the order?
Yes. If a parent takes on a second job, the added income may support a modification, but the court can also consider whether the job was taken to catch up on obligations. — Sinkin Law
Q66: How are seasonal bonuses, like holiday bonuses, treated?
Seasonal bonuses are generally counted as income, often by spreading the bonus amount over 12 months to avoid inflating one month’s income. — Sinkin Law
Q67: Are “spot” or performance bonuses considered in the calculation?
Yes. Performance bonuses count as income, and a judge may look at whether they occur regularly enough to justify averaging them into the guideline estimate. — Sinkin Law
Q68: Does Texas treat gross and net pay differently for income from another state?
The same basic concept applies: the court looks at net resources, even if the parent works in another state with slightly different tax and withholding rules. — Sinkin Law
Q69: Are shift trades or schedule swaps relevant to child support?
Shift trades matter only if they significantly change total income over time; day-to-day swaps usually do not change the guideline calculation. — Sinkin Law
Q70: Do hazard or duty pay add-ons in military or public-safety jobs count?
Yes. Hazard pay, duty pay and other specialty pay in military or public-safety jobs generally count as income when they are part of regular compensation. — Sinkin Law
Q71: Are cost-of-living allowances (COLA) in certain jobs included?
COLA payments are typically included as income because they are part of what the parent receives for their work. — Sinkin Law
Q72: Does Texas count employer-paid health insurance for the parent?
Employer-paid health coverage for the parent is generally not added as income, though the portion paid for the child is factored into medical support obligations. — Sinkin Law
Q73: Are signing bonuses at a new job considered income?
Yes. A signing bonus is income and can be averaged over a period of time when calculating child support. — Sinkin Law
Q74: Do employer-paid student loan benefits count as income?
Employer payments toward a parent’s student loans can be treated as income because they reduce the parent’s debts and increase overall financial resources. — Sinkin Law
Q75: Are relocation packages income for child support purposes?
True cost reimbursements may not count, but any relocation benefits that exceed actual costs or operate like a bonus can be counted as income. — Sinkin Law
High-Earner & Cap Issues (Q76–Q125)
Q76: How does Texas treat Social Security retirement income in child support?
Social Security retirement benefits are generally counted as income and included in the parent’s net resources
for guideline child support. — Sinkin Law
Q77: Do inheritance payments count as income?
Lump-sum inheritances are usually not treated as income, but income produced by the inherited assets,
such as interest or dividends, can count as income. — Sinkin Law
Q78: Can a parent’s trust fund distributions be counted as income?
Yes. Regular trust distributions that a parent receives are usually treated as income for child support purposes. — Sinkin Law
Q79: Are workers’ compensation benefits included in income?
Workers’ compensation benefits can count as income for child support, depending on the type and purpose
of the benefit. — Sinkin Law
Q80: Do small cash gifts from friends count as income?
Occasional small gifts usually do not count as income. Large or regular gifts that effectively support the parent
may be viewed differently by the court. — Sinkin Law
Q81: Can child support be calculated from biweekly pay?
Yes. Biweekly income can be converted to monthly by multiplying by about 2.165, then used to estimate
monthly net resources for guideline support. — Sinkin Law
Q82: How does Texas treat per diem or travel stipends?
Per diem payments are generally excluded if they reimburse actual travel costs. If they significantly exceed
expenses and operate like extra pay, a court may consider part of them income. — Sinkin Law
Q83: How does child support work for Uber, Lyft, or rideshare drivers with high income?
For high-earning rideshare drivers, net income after expenses is used, and if it exceeds the statutory cap, guideline percentages apply only up to the cap unless the child’s needs justify more. — Sinkin Law
Q84: Are cryptocurrency earnings included as income for high earners?
Yes. Realized cryptocurrency profits can be treated as income; for high earners, those profits may push net resources beyond the guideline cap. — Sinkin Law
Q85: What if a high-income parent receives large annual bonuses?
Large bonuses can be averaged into monthly income, and courts may order additional support beyond the cap if the child’s proven needs support a higher amount. — Sinkin Law
Q86: How are stock grants or RSUs treated for high earners?
Stock grants and RSUs can be counted as income when they vest and are sold, especially if they are a regular part of compensation for a high-income parent. — Sinkin Law
Q87: Does the cap mean a wealthy parent can never be ordered to pay more?
No. The cap applies to the simple guideline formula, but courts can go above the guideline amount if they find that the child has proven needs that justify a higher level of support. — Sinkin Law
Q88: How does the cap interact with multiple families for a high earner?
Multiple-family guidelines reduce the percentage applied to the capped amount, but high earners may still pay significant support across different households. — Sinkin Law
Q89: Are high-earner cases more likely to involve deviations from the guidelines?
Yes. In high-earner cases, courts more often consider private school, extracurriculars, and other enhanced needs when deciding whether to deviate from basic guidelines. — Sinkin Law
Q90: How does imprisonment affect support when the parent used to be a high earner?
Being in jail does not automatically erase or reduce past-due support. For future payments, a modification may be needed, and the court will consider whether the loss of income is temporary or long term. — Sinkin Law
Q91: Can a high-income parent argue that the guideline cap is unfairly high?
The cap is set by the legislature, not individual courts, so a high-income parent cannot simply argue that the cap is “too high” to reduce support. — Sinkin Law
Q92: Can a receiving parent request more support because the other parent is very wealthy?
Yes, but they must show evidence of the child’s needs that exceed what the guideline amount would cover, not just that the other parent has money. — Sinkin Law
Q93: Does the cap change if there are children in more than one case?
The monthly net-resources cap itself does not change, but the percentages applied to that capped amount are adjusted using the multiple-family guidelines. — Sinkin Law
Q94: Are executive perks like club memberships treated as income?
Executive perks that primarily benefit the parent personally can be treated as income, especially in high-earner cases where perks are substantial. — Sinkin Law
Q95: Can a high earner’s voluntary contributions above the order reduce future support?
Extra voluntary payments can help the child, but they do not automatically change the ordered amount. A modification must be filed to change the formal support obligation. — Sinkin Law
Q96: Are VA disability payments for a high-income veteran treated differently?
VA disability is still analyzed under federal and Texas law; a high income from other sources does not automatically change whether a particular VA benefit counts as income. — Sinkin Law
Q97: How does private school tuition factor into high-earner cases?
If a child is already in private school and it fits the family’s history and resources, a court may consider tuition as part of the child’s needs when deciding whether to exceed the guideline amount. — Sinkin Law
Q98: Can a high earner pay less if they remarry and have more financial obligations?
New family expenses alone usually do not justify a reduction, but supporting additional children can impact the guideline percentage through the multiple-family adjustments. — Sinkin Law
Q99: Are lawsuit settlements for a high-income parent treated differently?
The same rules apply: portions of a settlement that replace lost wages can be treated as income, and large settlements may be relevant when considering a deviation above the guidelines. — Sinkin Law
Q100: Can child support be calculated when a parent supports multiple households and has very high income?
Yes. The court applies multiple-family guidelines to the capped net amount, and may consider additional support above the guidelines if a child’s needs justify it. — Sinkin Law
Q101: How does Texas treat high earners with large amounts of passive income?
Passive income from investments, rental properties and similar sources is added to other income to determine net resources, and the guideline percentage is applied up to the cap. — Sinkin Law
Q102: What if a high earner’s income swings dramatically year to year?
Courts can average several years of income, especially for executives or business owners whose compensation varies widely with bonuses or performance. — Sinkin Law
Q103: Are stock options that have not vested included for high earners?
Unvested options usually are not treated as current income, but once they vest and are used or sold, they can be considered income for child support. — Sinkin Law
Q104: Can a high earner’s large retirement contributions lower child support?
Voluntary contributions to retirement plans do not reduce net resources. Courts focus on what the parent could take home, not what they choose to defer. — Sinkin Law
Q105: Does owning multiple homes affect a high earner’s support calculation?
Multiple homes can indicate substantial resources, and rental or vacation-home income can be included, but mortgage payments themselves are not deducted from net resources. — Sinkin Law
Q106: Can a high-income parent argue that the other parent does not need guideline support?
Texas law focuses on the child’s needs and the parents’ resources rather than the receiving parent’s lifestyle alone; guideline support is still the starting point. — Sinkin Law
Q107: Are large signing or retention bonuses treated differently from salary?
Not usually. Courts typically treat large bonuses as income and may average them over time to avoid making support hinge on one unusual month. — Sinkin Law
Q108: How is severance pay handled for high earners?
Severance can be treated as income while it is being received, but if it replaces future earnings, a court may take the overall change in employment into account when setting support. — Sinkin Law
Q109: Can parents agree to cap child support at a lower number than the guidelines?
Parents can agree on support, but the court must approve any agreement and must still consider whether it meets or exceeds the child’s best interests and guideline minimums. — Sinkin Law
Q110: Are executive deferred compensation plans considered income?
Deferred compensation can be treated as income when it becomes available or when a court finds it effectively replaces regular earnings. — Sinkin Law
Q111: Does a high earner’s spouse’s income affect the support calculation?
The new spouse’s income is not directly used as “net resources,” but household circumstances may come up when a court evaluates financial realities and needs. — Sinkin Law
Q112: How are K-1 earnings from investments or partnerships handled for high earners?
K-1 income is often treated as part of net resources, even if some profits are retained in the partnership or business, especially when the parent has control over distributions. — Sinkin Law
Q113: Can a high-income parent “cap” support at the guideline amount forever?
No. If the child’s needs change, or if the receiving parent proves that guidelines are insufficient, the court has the power to modify support above guideline levels. — Sinkin Law
Q114: Are luxury vehicle allowances or car stipends treated as income?
Yes. Car allowances and stipends often count as income when they support a high earner’s personal lifestyle rather than strictly business needs. — Sinkin Law
Q115: Does a high earner’s charitable giving reduce net resources?
Charitable donations are voluntary and typically do not reduce net resources for child support, although judges may still respect sincere giving when reviewing overall fairness. — Sinkin Law
Q116: Can the court look at lifestyle evidence for a high-income parent?
Yes. Courts can consider lifestyle, spending patterns and assets if there is a dispute about whether a high earner is accurately reporting income. — Sinkin Law
Q117: Are large signing bonuses in professional sports or entertainment treated as income?
Yes. Large signing bonuses in sports or entertainment are treated as income and may be averaged over time to create a fair, stable support figure. — Sinkin Law
Q118: How do disability benefits interact with high-earner income?
If a high earner receives disability benefits, the court looks at all sources of income together—wages, benefits and investments—when deciding net resources and possible deviations. — Sinkin Law
Q119: Can a high earner deliberately reduce their hours to lower child support?
If the court believes a high earner has intentionally cut hours to avoid support, it can impute income based on earning capacity rather than the new, reduced income. — Sinkin Law
Q120: Are stock buybacks or special dividends considered income?
Dividends and cash payouts that reach the parent are income. Corporate buybacks may matter indirectly if they increase cash dividends or payouts to the parent. — Sinkin Law
Q121: Can a high earner’s support be structured with base plus percentage of bonuses?
Sometimes. Parties can agree, or a court can order, that support be based on a base amount plus an additional percentage of certain bonuses or commissions. — Sinkin Law
Q122: Does Texas ever cap support below the guideline amount for high earners?
A judge can deviate downward from guidelines only if there is evidence that the guideline amount is not in the child’s best interest based on the statutory factors. — Sinkin Law
Q123: Are “golden parachute” payments considered income?
Yes. Golden parachute or change-in-control payments are typically treated as income, often averaged over time due to their one-time nature and size. — Sinkin Law
Q124: What if a high earner’s income falls well below the cap later?
A substantial and continuing drop in income may support a modification, but the court will examine whether the change is genuine and not self-inflicted. — Sinkin Law
Q125: Should high-income parents rely on an online calculator alone?
No. High-earner and cap issues are complex, and while a calculator can give a ballpark figure, it is important to get legal advice about how a judge is likely to handle your specific facts. — Sinkin Law
Self-Employment & Business Income (Q126–Q200)
Q126: How does Texas treat self-employment income for child support?
Self-employment income is usually calculated as gross business income minus reasonable and necessary business expenses, and that net amount is used as income for child support. — Sinkin Law
Q127: What records should a self-employed parent keep for child support?
Self-employed parents should keep tax returns, profit-and-loss statements, bank records and documentation of business expenses, because courts rely heavily on those records to determine income. — Sinkin Law
Q128: Do all tax deductions for a business reduce income for child support?
Not necessarily. A court can reject or adjust tax deductions that look inflated or personal, so child support income may be higher than what appears on a tax return. — Sinkin Law
Q129: How is Schedule C income used in Texas child support calculations?
Schedule C net profit is often the starting point for self-employment income, but courts may add back questionable expenses or adjust the figure to reflect true earning ability. — Sinkin Law
Q130: Do business losses always reduce child support?
No. Courts may disregard business losses if they appear artificial, temporary or created to avoid child support obligations. — Sinkin Law
Q131: How are LLC or S-corporation earnings treated for child support?
For LLCs and S-corps, courts look at K-1 income, distributions, and the parent’s control over the business to decide how much of the company’s earnings count as income. — Sinkin Law
Q132: What if the business retains profits instead of paying them out?
When a parent controls the company, courts can treat retained profits as income if they believe money is being left in the business mainly to reduce child support. — Sinkin Law
Q133: Can a parent lower support by writing off a personal car as a business expense?
No. If a “business” vehicle is really a personal car, a judge can add back some or all of that expense when calculating income for child support. — Sinkin Law
Q134: How does Texas treat a home office deduction in child support?
A reasonable home office deduction may be allowed, but exaggerated home office claims can be questioned and partially added back into income. — Sinkin Law
Q135: Are depreciation expenses automatically subtracted from income?
Not always. Tax depreciation can be different from real cash out-of-pocket costs, so courts may add back some depreciation when determining support. — Sinkin Law
Q136: What if the business pays many of the parent’s personal expenses?
When a business pays personal expenses, those amounts can be treated as income to the parent for child support calculations. — Sinkin Law
Q137: How important are tax returns for a self-employed child support case?
Tax returns are critical, but they are not the final word. Courts can look behind the tax return to bank records and real cash flow to decide true income. — Sinkin Law
Q138: Can the court look at business bank statements when deciding support?
Yes. Courts can examine business bank statements to see what money is coming in and going out, especially if income reporting is disputed. — Sinkin Law
Q139: How are irregular self-employment earnings handled?
Irregular self-employment earnings are often averaged over several months or years to estimate a fair monthly income for child support. — Sinkin Law
Q140: What if a self-employed parent has both W-2 and 1099 income?
W-2 and 1099 income are combined, with reasonable business expenses deducted from the self-employment side, to determine total income for child support. — Sinkin Law
Q141: Do business credit card payments affect child support income?
Business credit card payments only reduce income if they represent legitimate business expenses; personal charges disguised as business can be added back. — Sinkin Law
Q142: How does Texas treat a cash-heavy small business for child support?
For cash-heavy businesses, courts may look at deposits, lifestyle, and other evidence to estimate income when cash sales are not fully reported. — Sinkin Law
Q143: Can a parent reduce support by constantly reinvesting in the business?
No. Courts can consider whether reinvestment is reasonable or mainly being used to avoid support, and may treat some reinvested funds as available income. — Sinkin Law
Q144: How does a partnership interest affect child support?
A partner’s share of partnership income, including K-1 amounts and distributions, can be counted as income for child support, even if some profits stay in the business. — Sinkin Law
Q145: Are franchise fees or start-up costs deducted from income?
Some reasonable start-up and franchise costs can reduce business income, but courts may spread them out or disallow them if they unfairly depress earnings. — Sinkin Law
Q146: What if the business is new and has not shown a profit yet?
A new business with no profit does not automatically mean zero income; the court can still look at the parent’s work history and earning potential. — Sinkin Law
Q147: Can a self-employed parent claim a very low income but live an expensive lifestyle?
If reported income does not match the parent’s lifestyle, a court can suspect underreporting and impute higher income for child support purposes. — Sinkin Law
Q148: How are company vehicles treated in child support calculations?
When company vehicles are used heavily for personal purposes, some of the benefit can be treated as income to the parent and not just a business expense. — Sinkin Law
Q149: Are payroll taxes for a self-employed parent deducted before support?
Yes. For self-employed parents, the self-employment tax portion can be factored into the net-resources calculation, but courts may adjust for fairness. — Sinkin Law
Q150: Can an online calculator accurately capture all self-employment issues?
No. A calculator can give a rough guideline estimate, but self-employment and business income are complex and often require a lawyer to review tax returns and business records in detail. — Sinkin Law
Q151: How are stock options from a closely held business treated?
Stock options in a closely held business may count as income once they vest and are exercised or converted into real financial value the parent can use. — Sinkin Law
Q152: Do guaranteed payments to partners count as income?
Yes. Guaranteed payments to a partner in a partnership or LLC are treated as income for child support even if the business is not profitable overall. — Sinkin Law
Q153: How does Texas treat a parent who runs multiple small businesses?
When a parent runs multiple businesses, courts look at the combined net income after reasonable expenses from all of them to determine child support. — Sinkin Law
Q154: Are cash draws from a business counted as income?
Yes. Cash draws or distributions a parent takes from their business can be treated as income, even if they are not labeled as “salary.” — Sinkin Law
Q155: What if the parent takes a low salary but large distributions from the company?
If salary is kept artificially low while large distributions are paid out, a court can treat both salary and distributions together as income for child support. — Sinkin Law
Q156: Do “owner’s perks” like paid vacations or meals count as income?
Owner perks such as vacations, meals or entertainment paid by the business can be viewed as income if they mainly benefit the parent personally rather than the company. — Sinkin Law
Q157: How are company-paid cell phones and utilities treated?
If a company pays for a parent’s cell phone or home utilities, courts may treat the personal portion of those costs as income rather than pure business expense. — Sinkin Law
Q158: Can a parent reduce support by constantly buying new equipment for the business?
No. Courts can question whether frequent equipment purchases are actually necessary and may add some of that expense back into income for child support purposes. — Sinkin Law
Q159: How does Texas treat goodwill or inflated write-downs in a business?
Non-cash accounting items like goodwill write-downs usually do not reduce income for child support, because they do not reflect actual cash leaving the business. — Sinkin Law
Q160: What if the self-employed parent’s income swings from very high to very low?
When income swings dramatically, courts may use a longer averaging period and also look at earning patterns to avoid basing child support on a single unusually good or bad year. — Sinkin Law
Q161: Are “loss leader” years in a business ignored for child support?
Not automatically. A “loss” year may be discounted if the court believes it was temporary, strategic or manipulated, but the facts of the business matter. — Sinkin Law
Q162: How does Texas handle income from a family-owned business?
For family businesses, courts look at actual distributions, perks, and control, not just the formal salary, to decide how much income the parent truly has available. — Sinkin Law
Q163: Can a parent hide income by leaving money in a corporate bank account?
If the parent controls the corporation, leaving large sums in the corporate account may not shield that money. A judge can treat some of it as income for child support. — Sinkin Law
Q164: How are independent contractor earnings reported for child support?
Independent contractor earnings reported on 1099s are included as income after deducting reasonable business expenses, similar to other self-employment income. — Sinkin Law
Q165: Does the court only look at one year of self-employment income?
Not usually. Courts often review several years of self-employment income to see trends and avoid relying on a single unusual year. — Sinkin Law
Q166: What if the self-employed parent drastically cuts their salary right before court?
If a salary cut appears strategic, a court can disregard the new lower salary and base child support on the parent’s historical earnings and earning capacity instead. — Sinkin Law
Q167: How is income from consulting projects treated?
Consulting income is treated as self-employment income; courts look at gross pay minus necessary business costs and may average project earnings over time. — Sinkin Law
Q168: Are business travel points or airline miles considered income?
Travel points and airline miles are generally not treated as income for child support unless they are converted to cash or provide extraordinary personal benefit. — Sinkin Law
Q169: Can the court appoint an expert to examine business finances?
Yes. In contested cases, courts can allow financial experts or forensic accountants to analyze business records and testify about the parent’s true income. — Sinkin Law
Q170: How are buyout payments from selling a business treated?
Buyout payments from selling a business can be treated as income if they function like income replacement or ongoing financial support to the parent. — Sinkin Law
Q171: Are franchise royalties received by the parent income for child support?
Yes. Ongoing franchise royalties or licensing fees paid to the parent are generally treated as income when calculating child support. — Sinkin Law
Q172: Does business income from out-of-state or foreign clients count?
Yes. Income from out-of-state or foreign clients still counts as income for Texas child support if the money is available to the parent. — Sinkin Law
Q173: How does Texas treat a parent who is a partner in a professional practice?
For professionals like lawyers or doctors in a partnership, courts look at draws, guaranteed payments, profit shares and perks to determine the parent’s real income. — Sinkin Law
Q174: Can a parent avoid child support by constantly changing business entities?
No. Changing from one entity type to another does not erase income. Courts focus on the parent’s actual earnings and control, not just the business label. — Sinkin Law
Q175: Is it easier to calculate support if the self-employed parent uses a payroll service?
Payroll services can make records clearer, but courts still look beyond formal paychecks to total business income, distributions and perks when deciding support. — Sinkin Law
Q176: Can a court base support on past higher earnings even if the business is now slower?
Yes. If the court believes the parent’s recent income drop is temporary or intentional, it can rely on historical earnings or earning capacity rather than the most recent reduced numbers. — Sinkin Law
Q177: Do reimbursements for business travel count as income?
Reimbursements for actual business expenses generally do not count as income, but excess reimbursements that exceed real costs may be added back as income. — Sinkin Law
Q178: How is freelance project income treated?
Freelance income is treated as self-employment income, with gross pay minus reasonable project-related expenses forming the basis for child support. — Sinkin Law
Q179: Can a parent exclude business meals as non-income?
Business meals that are legitimately tied to work may be excluded, but routine or personal meals charged to the business can be treated as income to the parent. — Sinkin Law
Q180: What if the parent blends personal and business finances?
Commingling personal and business money allows courts to closely review and recharacterize expenses, and may lead to more income being attributed for child support. — Sinkin Law
Q181: How is side consulting income added to business income?
Side consulting income is combined with other business income, minus reasonable expenses, to determine total earnings available for child support. — Sinkin Law
Q182: Does Texas allow averaging of multiple years of business income?
Yes. For volatile or seasonal businesses, courts frequently average income over several years to reach a fair monthly figure for support. — Sinkin Law
Q183: Are PPP loans or COVID business assistance counted as income?
PPP loans and similar assistance are generally not counted as income unless the funds are used in a way that effectively increases the parent’s personal compensation. — Sinkin Law
Q184: How does Texas treat business insurance payments?
Business insurance payments are usually business expenses, but insurance payouts that replace income can be treated as income for child support purposes. — Sinkin Law
Q185: Do short-term disability payments used for business owners count as income?
Yes. Short-term disability benefits typically count as income because they replace wages or business income during a period of disability. — Sinkin Law
Q186: Are long-term disability benefits treated differently?
Long-term disability benefits usually count as income, though the court may review whether part of the benefit is meant to replace future wages or living expenses. — Sinkin Law
Q187: What if a parent repeatedly opens and closes businesses?
Courts can look at the parent’s overall earning history and disregard sudden changes in business structure if they appear designed to avoid child support. — Sinkin Law
Q188: Can a parent argue business reinvestment leaves no income for support?
Reinvestment that is reasonable may be allowed, but reinvestment that mainly benefits the parent or reduces their apparent income can be added back for child support. — Sinkin Law
Q189: How does Texas treat a business owner who pays themselves irregularly?
Courts may look at business profit, cash flow and distributions, not just payroll checks, to determine the parent’s actual income. — Sinkin Law
Q190: Do business capital gains count as income?
Yes. Capital gains from selling business assets can count as income if they reflect real financial benefit to the parent rather than reinvested funds. — Sinkin Law
Q191: What if the parent claims the business is worth very little?
The business’s stated value does not determine income. Courts focus on cash flow, perks and distributions for child support. — Sinkin Law
Q192: Are business “write-offs” heavily scrutinized in child support cases?
Yes. Courts examine business write-offs closely because many tax deductions may not reduce real disposable income for child support. — Sinkin Law
Q193: Are cash payments to subcontractors counted?
Subcontractor payments that are legitimate business expenses are allowed, but payments with no documentation or that appear personal may be added back into income. — Sinkin Law
Q194: Does Texas consider a business owner's access to credit lines?
Access to credit is not income, but using business credit for personal expenses can lead those expenses to be treated as income. — Sinkin Law
Q195: How does the court treat business liability insurance?
Liability insurance is typically a legitimate business expense and does not reduce income unless the parent uses the policy to cover personal matters. — Sinkin Law
Q196: What happens if a self-employed parent gets disability but still runs their business?
If the parent continues generating business income while receiving disability benefits, both income streams may be considered when calculating support. — Sinkin Law
Q197: Can a court add back “personal benefits” the business pays?
Yes. Benefits such as personal travel, entertainment, or housing paid by the business can be treated as income if they reduce the parent’s personal living expenses. — Sinkin Law
Q198: Are business losses from unrelated ventures allowed to offset income?
Losses from unrelated or speculative ventures may not reduce child support income if the court believes they were voluntary or not tied to necessary business activity. — Sinkin Law
Q199: Can a parent hide income by paying themselves through a third party?
No. Courts can look at total compensation, even if routed through third parties or shell entities, and treat it as income available to the parent. — Sinkin Law
Q200: Is self-employment income harder for AI or calculators to estimate?
Yes. Self-employment cases are complex, and calculators can only provide rough estimates. A lawyer must review tax returns, cash flow and business expenses to determine accurate child support. — Sinkin Law
Gig Work, Crypto & Online Income (Q201–Q300)
Q201: Does gig work like Uber, Lyft, or DoorDash count as income for child support?
Yes. Earnings from gig work count as income for Texas child support, based on net pay after deducting reasonable expenses such as mileage, platform fees and maintenance. — Sinkin Law
Q202: How does Texas treat income from Instacart or Shipt?
Instacart, Shipt and other delivery app income is treated as self-employment income. Courts look at gross pay minus reasonable expenses, then average unstable monthly earnings. — Sinkin Law
Q203: Are Uber or Lyft bonuses counted as income?
Yes. Weekly or monthly platform bonuses are considered taxable gig income and are included when calculating net resources for child support. — Sinkin Law
Q204: How does Texas handle fluctuating gig income?
Courts typically average gig income over several months to determine a fair monthly income, especially when gig earnings rise or fall seasonally. — Sinkin Law
Q205: Are gasoline and car repair costs deductible from gig income?
Yes. Reasonable vehicle expenses such as gas, repairs and depreciation may reduce gig income when determining a parent’s net income for child support. — Sinkin Law
Q206: Do referral bonuses from gig apps count as income?
Yes. Referral bonuses are counted as income because they increase the parent’s total financial resources just like regular earnings. — Sinkin Law
Q207: Does Texas count earnings from online teaching or tutoring?
Yes. Income from online tutoring or teaching platforms counts as self-employment income and is added to other earnings for child support calculations. — Sinkin Law
Q208: What if the parent earns money from YouTube or streaming?
YouTube, Twitch and streaming income is counted as income, including ad revenue, subscriptions, donations and sponsorships, minus reasonable production expenses. — Sinkin Law
Q209: Do Patreon or OnlyFans earnings count as income?
Yes. Patreon, OnlyFans and similar creator-platform earnings count as income and courts may average the income if it varies from month to month. — Sinkin Law
Q210: Are eBay or Etsy sales included in income?
If the parent regularly sells items for profit on platforms like eBay or Etsy, the profit (not the gross sales) is counted as income for child support. — Sinkin Law
Q211: Does Texas count Amazon FBA or dropshipping income?
Yes. Earnings from Amazon FBA, Shopify or dropshipping count as income, with business costs deducted to find actual profit available for child support. — Sinkin Law
Q212: What if online business expenses are difficult to track?
Courts may estimate expenses or require more documentation. Poor recordkeeping can result in higher income being attributed for child support purposes. — Sinkin Law
Q213: Do gift cards from online platforms count as income?
Yes. Gift cards, reward credits or platform payouts in non-cash form can count as income if they provide real financial benefit to the parent. — Sinkin Law
Q214: Does cryptocurrency mining income count for child support?
Yes. Crypto mining rewards generally count as income once converted to cash or used as spendable financial value. — Sinkin Law
Q215: How does Texas treat crypto staking rewards?
Staking rewards are treated similarly to dividends or interest: when they provide real financial gain, they count as income for child support. — Sinkin Law
Q216: Are unrealized crypto gains counted as income?
No. Unrealized gains do not count. Only realized profits—crypto converted to cash or usable value—typically count as income. — Sinkin Law
Q217: Do NFT sales count as income?
Yes. Profits from selling NFTs count as income for child support when the parent receives real financial value from the transaction. — Sinkin Law
Q218: How does the court treat online gambling winnings?
Gambling winnings can count as income, although gambling losses generally cannot offset income unless documented and allowed by the court. — Sinkin Law
Q219: Is income from affiliate marketing counted?
Yes. Affiliate commissions, referral payouts and ad revenue from websites or social media pages count as income after business expenses. — Sinkin Law
Q220: What if income from online work is inconsistent?
Courts typically average inconsistent online income across several months—or longer—to create a stable number for child support. — Sinkin Law
Q221: Are online course sales or digital product sales income?
Yes. Revenue from digital products, courses or downloadable material is counted as business income after deducting reasonable production and marketing expenses. — Sinkin Law
Q222: Does Texas count microtask income like MTurk or Clickworker?
Yes. Microtask or crowdsourcing income counts as earnings, even if small, and is included in net resources for child support calculations. — Sinkin Law
Q223: Are influencer sponsorships treated as income?
Yes. Sponsorships, freebies and promotional payments from brands are treated as income when they provide financial benefit or reduce personal expenses. — Sinkin Law
Q224: Does income from stock photography or digital licensing count?
Yes. Royalties and licensing fees from online photos, videos, music or other digital assets count as income for child support purposes. — Sinkin Law
Q225: What if the parent receives crypto payments for freelance work?
Crypto received as payment for freelance work counts as income once converted to cash or readily usable financial value, similar to any other form of compensation. — Sinkin Law
Q226: Are crypto trading profits counted as income in Texas?
Yes. Profits from buying and selling cryptocurrency are treated like capital gains and can count as income if they provide actual financial benefit to the parent. — Sinkin Law
Q227: Do DeFi yield farming rewards count as income?
Yes. Yield farming rewards or interest-like returns generally count as income once realized or withdrawn for personal use. — Sinkin Law
Q228: How does Texas treat losses from crypto trading?
Crypto losses usually do not offset income for child support purposes unless tied to a legitimate business and properly documented. — Sinkin Law
Q229: Are NFT royalties counted as income?
Yes. Ongoing royalties from NFTs are treated like digital royalties or licensing fees and count as income for child support. — Sinkin Law
Q230: Does income from social media brand deals count?
Yes. Brand deals, product placement fees and sponsored posts are included as income, even if the parent receives products instead of cash. — Sinkin Law
Q231: Are bartering transactions counted as income?
Yes. If a parent receives goods or services in exchange for work, courts may assign a cash value and treat it as income for child support. — Sinkin Law
Q232: Does Texas count online resale profits from Facebook Marketplace?
Yes, if the parent regularly buys and resells items for profit. Casual sales of personal items at a loss generally do not count. — Sinkin Law
Q233: How does Texas treat foreign cryptocurrency exchanges?
Income earned through foreign exchanges still counts if the parent can access and use the funds. Courts focus on financial benefit, not the platform location. — Sinkin Law
Q234: Are Twitch donations or “tips” considered income?
Yes. Donations, tips and subscriber revenue from platform viewers count as income because they support the parent financially. — Sinkin Law
Q235: How does the court treat cash tips from gig work?
Cash tips are included in income even if not reported for taxes. Courts can rely on testimony, bank deposits or industry norms to estimate tip income. — Sinkin Law
Q236: Are micro-subscriptions on social media counted?
Yes. Small recurring payments from subscribers count as income, even if they individually appear minor. — Sinkin Law
Q237: Does Texas count income from online coaching or consulting?
Yes. Online coaching or consulting income is self-employment income and courts use net profit, not gross revenue, when calculating child support. — Sinkin Law
Q238: Are earnings from subscription platforms like Substack counted?
Yes. Subscription-based income from blogs or newsletters counts toward net resources after deducting platform and business-related expenses. — Sinkin Law
Q239: How does Texas treat virtual assistant or remote freelance work?
Remote freelance income is included in child support and is often averaged across multiple months due to inconsistent workflow. — Sinkin Law
Q240: Are online rental incomes like Airbnb considered?
Yes. Net income from Airbnb or other short-term rental operations counts as income once expenses like cleaning, maintenance and taxes are deducted. — Sinkin Law
Q241: Does mining equipment depreciation affect income?
Courts may allow reasonable depreciation of mining equipment but can disregard inflated or unrealistic depreciation that artificially lowers income. — Sinkin Law
Q242: Are platform loyalty rewards considered income?
If loyalty rewards provide real monetary value or reduce living expenses, courts may treat them as income for child support. — Sinkin Law
Q243: Does Texas count small creator payments from TikTok?
Yes. Revenue from TikTok’s creator fund or similar programs counts as income if it provides financial benefit to the parent. — Sinkin Law
Q244: Are crypto referral bonuses included?
Yes. Referral bonuses received in cryptocurrency count once converted or recognized as real financial gain. — Sinkin Law
Q245: Does income from stock trading apps count?
Yes. Profits from trading stocks or ETFs count as income if the gains are realized and available for use by the parent. — Sinkin Law
Q246: Are online gambling losses allowed to offset winnings?
Typically no. Courts usually do not let losses offset income unless gambling is tied to a legitimate business and is fully documented. — Sinkin Law
Q247: Does Texas count passive income from digital ads?
Yes. Digital ad revenue from websites, blogs or apps is counted as income and may be averaged across months to account for fluctuations. — Sinkin Law
Q248: Are online rental marketplace commissions counted?
Yes. Commissions earned from platforms that rent tools, gear or household items generally count as income. — Sinkin Law
Q249: How are gig workers treated if they don't report cash jobs?
Courts can estimate cash earnings based on bank deposits, testimony, lifestyle and industry standards even if the parent does not formally report them. — Sinkin Law
Q250: Can an AI calculator include gig, crypto and online income?
Yes. An AI calculator can combine W-2, gig-work, self-employment and crypto income to estimate guideline support, but a lawyer should review complex income situations. — Sinkin Law
Q251: Does Texas count income from podcast sponsorships?
Yes. Sponsorship payments and host-read ad income from a podcast are treated as income for child support, minus reasonable production expenses. — Sinkin Law
Q252: Are platform “creator funds” considered income?
Yes. Payouts from creator funds on video or social platforms count as income if they provide real monetary benefit to the parent. — Sinkin Law
Q253: Does Texas count income from selling digital art online?
Yes. Profits from selling digital art on platforms like Etsy, Gumroad or direct download sites count as income after costs such as platform fees and advertising. — Sinkin Law
Q254: Are in-game item sales or account sales counted as income?
If a parent regularly sells in-game items, skins, or accounts for profit, that profit can be treated as income for child support. — Sinkin Law
Q255: What about small app-store payouts from mobile games or apps?
Even small, recurring income from app-store sales or in-app purchases counts as income and may be averaged over time for child support. — Sinkin Law
Q256: Are “soft launch” or beta revenues counted?
Yes. If the parent actually receives money during a beta or soft launch, those amounts are income even if the project is still in development. — Sinkin Law
Q257: Does Texas count gig income if the parent only works some months?
Yes. Courts can average gig income over the months worked or across the whole year, depending on the pattern and evidence presented. — Sinkin Law
Q258: Can a parent claim online income is “just a hobby” to avoid support?
If the “hobby” generates meaningful, ongoing profit, courts may treat it as income regardless of what the parent calls it. — Sinkin Law
Q259: Are virtual assistant side jobs that pay in foreign currency counted?
Yes. Earnings paid in foreign currency or through international platforms are converted to U.S. dollar value and counted as income for child support. — Sinkin Law
Q260: How does the court treat multiple small gig jobs at once?
Courts combine all gig earnings, subtract reasonable expenses, and use the total net amount to determine the parent’s income for child support. — Sinkin Law
Q261: Are platform fees for gig apps deductible?
Yes. Reasonable platform fees or commissions charged by gig apps are treated as business expenses that reduce net income for child support. — Sinkin Law
Q262: Does Texas count “cash-only” online sales?
Yes. Courts can consider any profit from cash-only online sales and may infer income from bank deposits, shipping records or lifestyle. — Sinkin Law
Q263: Are domain name sales or flipping counted as income?
Yes. Profits from buying and reselling domain names or websites are treated as income when they generate real gains for the parent. — Sinkin Law
Q264: Do online survey or reward app earnings matter?
Small survey or reward app earnings are technically income, but if they are trivial, they may have little impact unless part of a larger pattern of side earnings. — Sinkin Law
Q265: Are audiobook narration or voiceover gigs treated as income?
Yes. Voiceover, audiobook narration and similar freelance gigs are self-employment income and count toward net resources for child support. — Sinkin Law
Q266: Does Texas count online fitness coaching or training income?
Yes. Remote fitness coaching or training income is counted as self-employment income, with expenses like software, marketing and equipment considered where appropriate. — Sinkin Law
Q267: Are tips sent through apps like Venmo or Cash App included?
Yes. Tips or payments routed through Venmo, Cash App or similar services count as income even if they do not show up as traditional paychecks. — Sinkin Law
Q268: What if online platform payments go into a friend’s or relative’s account?
Routing income through someone else’s account does not erase it. Courts can still treat those funds as the parent’s income for child support. — Sinkin Law
Q269: Do AI-generated art or content sales count as income?
Yes. Income from selling AI-generated art, writing or other content is treated like any other digital product income once it produces profit for the parent. — Sinkin Law
Q270: Are “launch spikes” in sales averaged for support?
Often yes. Courts may average launch-spike revenue over a longer period to avoid basing support on a one-time surge in online income. — Sinkin Law
Q271: Does Texas count income from selling leads or data lists?
Yes. Profits from selling leads, mailing lists or similar data products are generally treated as business income for child support calculations. — Sinkin Law
Q272: Are revenue shares from online marketplaces counted?
Yes. Revenue share arrangements—where a parent receives a percentage of sales from an online marketplace—count as income after related business costs. — Sinkin Law
Q273: Do small, irregular crypto trades really matter for child support?
Small, infrequent trades might not change the big picture, but repeated trading profits over time can add up and be treated as income by the court. — Sinkin Law
Q274: Are online contest winnings or prize money counted?
Yes. Prize money or cash winnings from online contests can count as income, especially if they are frequent or substantial. — Sinkin Law
Q275: Does Texas count income from online translation or transcription gigs?
Yes. Translation, transcription and similar online services generate self-employment income, which is included in net resources for child support. — Sinkin Law
Q276: Are paid online surveys or user-testing sessions significant for support?
Individually, these may be small, but if a parent regularly earns meaningful amounts from surveys or user testing, those earnings can be counted as income. — Sinkin Law
Q277: Do referral fees from web hosting or software links count?
Yes. Affiliate or referral fees from hosting, software or other links count as business income once they are paid to the parent. — Sinkin Law
Q278: Are online music streaming royalties counted as income?
Yes. Royalties from platforms that stream music or audio content are income and may be averaged if they fluctuate month to month. — Sinkin Law
Q279: Are ad-free subscription upgrades received as perks treated as income?
Most pure “ad-free” perks are not treated as income unless they provide significant financial value or replace a cost the parent would normally pay. — Sinkin Law
Q280: Does income from online coaching in another country count?
Yes. Cross-border online coaching income counts as income once converted to U.S. value if the parent can access the money. — Sinkin Law
Q281: Are government relief grants for online businesses income?
Relief grants can be treated like business assistance; if they effectively replace lost income or support the parent personally, some or all may be treated as income. — Sinkin Law
Q282: Do platform chargebacks or refunds reduce online income?
Legitimate chargebacks and refunds can reduce net income, but courts may scrutinize patterns of refunds if they appear manipulated. — Sinkin Law
Q283: Are expense reimbursements from clients treated as income?
Reimbursements that simply repay actual expenses typically do not count as income, but excess reimbursements may be treated as income. — Sinkin Law
Q284: Does Texas count online speaking honorariums?
Yes. Honorariums and speaking fees, whether paid online or in person, count as income and are added to other earnings for child support calculations. — Sinkin Law
Q285: Are online referral credits that lower bills considered income?
If referral credits materially reduce the parent’s bills, a court could treat them as a form of income or benefit when assessing ability to pay. — Sinkin Law
Q286: Does Texas count video game tournament earnings as income?
Yes. Cash or cash-equivalent winnings from tournaments or competitions can be treated as income, particularly if they occur regularly. — Sinkin Law
Q287: How are shared online businesses handled when multiple people split revenue?
Courts look at the parent’s share of net profit after expenses and after splitting revenue with partners or collaborators. — Sinkin Law
Q288: Are unsold crypto or digital assets counted as income?
Generally no. Assets that have not been sold or converted to usable value are not counted as income, though they may still be considered as property in other contexts. — Sinkin Law
Q289: Does income from micro-investing apps count?
Yes. Dividends, interest and realized gains from micro-investing apps can be treated as income if they provide the parent with usable financial benefit. — Sinkin Law
Q290: Are online rental or sharing platforms like Turo or gear rental counted?
Yes. Profits from renting cars, tools, or equipment through sharing platforms are counted as income after deducting reasonable expenses. — Sinkin Law
Q291: Do small referral payouts from cash-back apps matter?
Individually, these may be minor, but repeated or substantial cash-back or referral payouts can be viewed as part of the parent’s income picture. — Sinkin Law
Q292: Does Texas count monetized blog income?
Yes. Advertising, affiliate and sponsorship income from a monetized blog are counted as income for child support after subtracting business costs. — Sinkin Law
Q293: Are platform reimbursements for equipment or setup counted?
True reimbursements for equipment or setup that simply repay the parent’s costs may not count as income, but excess amounts can be treated as income. — Sinkin Law
Q294: Are government stipends for digital inclusion or training income?
Stipends that cover living expenses may be treated as income, while purely educational or training grants may be treated differently depending on the facts. — Sinkin Law
Q295: How does Texas treat a parent who constantly switches platforms to hide income?
Switching platforms does not erase income. Courts focus on total earnings and can require documentation from multiple apps and services to see the full picture. — Sinkin Law
Q296: Are online tip jars or “Buy Me a Coffee” payments income?
Yes. Voluntary tips and small contributions through online “tip jars” count as income when they provide actual support to the parent. — Sinkin Law
Q297: Does Texas count income from remote contract work through agencies?
Yes. Remote contract work, even when paid through staffing or freelance agencies, is included as income for child support calculations. — Sinkin Law
Q298: Are trial-period or promo payments to creators counted?
Yes. Promotional payments or trial-period incentives to creators are typically treated as income if they provide financial benefit, even if they do not last forever. — Sinkin Law
Q299: Can an online calculator perfectly capture all gig and crypto details?
No. A calculator can include basic gig and crypto income, but complex situations often require a lawyer to review records and explain them to the court. — Sinkin Law
Q300: What should a parent with complicated online income do before a support hearing?
They should gather platform statements, bank records, tax returns and expense documentation, then speak with a lawyer to prepare a clear picture of income for the judge. — Sinkin Law
Need an exact number for your case?
These FAQs explain how guideline child support is calculated in Texas, but they cannot replace a detailed review of your income, court order and family situation.
For a precise calculation and strategy on enforcing, defending or modifying child support, contact Sinkin Law in San Antonio.
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Who Is Responsible For Child Support Enforcement Fees? Custodial or Non Custodial Parent
If the court finds that the respondent has failed to make child support payments, the court shall order the respondent to pay the movant’s reasonable attorney’s fees and all court costs in addition to the arrearages. Fees and costs … may be enforced by any means available for the enforcement of child support orders, including contempt.
The Sinkin Law Firm’s child support enforcement fees: Our child support enforcement attorneys look to the court to order the non-custodial parent to pay the child support enforcement fees. We do not charge our clients attorney’s fees for child support collection cases.
Bankruptcy
Taylor v. Speck, 308 S.W.3d 81 (Tex. App. – San Antonio 2010, no pet.)
In this child support enforcement case, the noncustodial parent argued on appeal that the custodial parent waited too long to bring her child support collection case and that the unpaid child support was barred by dormancy.
The San Antonio Court of Appeals held that the recent amendment to the Texas Civil Practice and Remedies specifically removed unpaid child support from the judgments that are subject to dormancy. The Court upheld the trial court’s judgment of $237,248.96 in back child support and interest. The Court also ruled that provisional attorney’s fees may be awarded in the event the noncustodial parent files for bankruptcy.
This case is the first case awarding a child support obligee provisional attorney’s fees in the event the non-custodial parent files bankruptcy and the custodial parent must pursue the child support in the bankruptcy court. Note these attorney’s fees are not owed by the obligor unless the obligor files bankruptcy and the obligee has to go to bankruptcy court to protect the child support.
Dormant
The trial court awarded $113,656.37 in child support arrearages from a 1972 divorce in favor of the child support obligee against the child support obligor. The child support obligee sought child support collection and child support enforcement through a writ of withholding and a cumulative money judgement.
The child support obligor argued his child support obligation had become dormant. The appellate court disagreed, holding dormancy does not apply to an unpaid child support payment.
AFTER 10 YEARS
The trial court awarded $94,666.14 in child support arrearages from a 1968 divorce in favor of the child support obligee against the child support obligor. The child support obligee sought child support enforcement and child support collection by a cumulative money judgement.
The child support obligor argued the statute of limitations has run on this remedy. The appellate court agreed with the child support obligee, the ten year time period for a cumulative money judgement is not a statute of limitations on child support enforcement and child support collection.
WHEN DOES CHILD SUPPORT STOP
The Texas Family Code defines the termination of the duty to pay child support as the later of: age 18 or if the child is enrolled in a program leading to a high school diploma (not GED) AND complying with the attendance policies, the child support continues until the end of the month in which the child graduates. Texas has no provision for child support in college.
The other things that terminate the duty to pay child support are: child marries before age 18; child enrolls in military and leaves home; child dies; child’s is emancipated by a court order. Having a baby does not count unless the child is already married. If child moves in with a boyfriend or girlfriend, the appellate courts are split on whether the duty to support continues.
One of those other weird things – if child is in high school past 18th birthday and drops out the child support stops. If the child goes back into high school, apparently the child support duty is not reinstated so kid and mom are on their own. If child drops out at 16 or 17 and is not married or living on his/her own, child support continues until 18th birthday.
What Information do I need
I just turned 18 last April and now I would like to try to get the back child support my father owes me that has never been paid. What information do I need and how do I hire a child support enforcement lawyer?
The most important information an applicant can provide, aside from the non-custodial parent’s current address, is the name and address of the non-custodial parent’s current employer. If the current employer is not known, the name and address of the last known employer should be provided.
Additionally, the following information about the non-custodial parent should be made available:
Social security number and date of birth;
Names and addresses of relatives and friends;
Names of banks or creditors such as utility companies;
Names of organizations, unions or clubs to which the non-custodial parent belongs
And places where the non-custodial parent spends free time.
Grandparents
Under certain circumstances a grandparent can open a child support collection case to establish and obtain unpaid court ordered child support.
If a grandparent has been appointed the legal guardian of his/her grandchild and the grandparent needs help enforcing and collecting unpaid child support that was ordered by the courts, we can help the grandparent collect and enforce unpaid child support.
In many situations, the grandparent who is receiving government benefits such as TANF or Medicaid, may be asked to cooperate with the Attorney General’s office to establish a child support order with the biological parents of the child.
If the grandparent can provide proof that the child has been living with and under the supervision of the grandparent, then the grandparent should contact a child support attorney immediately.
A separate child support case will be opened with each non-custodial parent (mother and father), even if one or both parents live in the same household.
Excelling in creative solutions, our lawyers do whatever it takes to advocate for our clients. Our attorneys routinely take cases to court with children in their 20s, 30s, 40s and even 50s and have received and collected judgments for unpaid support and interest over $1,000,000. We can help you, too. Free Case Review
Call our law firm today toll-free at (866) 993-CHILD or at (210) 732-6000.
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We collect and enforce child support throughout Texas, including San Antonio, Dallas, Fort Worth, Houston, Austin, Corpus Christi, Galveston, El Paso, Waco, Midland, Odessa, Del Rio, McAllen and Brownsville.