In calculating child support, a Texas court must consider each parent’s net resources. The Texas Family Code defines which resources are to be included, and which types of resources are excluded from consideration. In a recent case, a wife challenged an order to pay child support and medical support, partly because the court had improperly considered certain resources.
The husband testified that he lacked health insurance and did not have access to private insurance. Although the wife did not appear at the trial, the husband was previously the trustee of her supplemental social security income (SSI) and testified that he believed that she still received $750 per month. There was no other evidence of her income or ability to work.
The trial court designated the husband as the sole managing conservator of the children and ordered the wife to pay child and medical support. The court calculated the payment based on her SSI.