Tex. Fam. Code Section 154.123
Additional Factors for Court to Consider

Mentioned in

Child Support and Lower Incomes

TexasLawHelp.org, December 27, 2022

“Are there different child support guidelines if my income is low? Yes. Starting September 1, 2021, there are different child support guidelines for people whose monthly net resources are less than $1,000.”
 
Bibliographic info

(a)

The court may order periodic child support payments in an amount other than that established by the guidelines if the evidence rebuts the presumption that application of the guidelines is in the best interest of the child and justifies a variance from the guidelines.

(b)

In determining whether application of the guidelines would be unjust or inappropriate under the circumstances, the court shall consider evidence of all relevant factors, including:

(1)

the age and needs of the child;

(2)

the ability of the parents to contribute to the support of the child;

(3)

any financial resources available for the support of the child;

(4)

the amount of time of possession of and access to a child;

(5)

the amount of the obligee’s net resources, including the earning potential of the obligee if the actual income of the obligee is significantly less than what the obligee could earn because the obligee is intentionally unemployed or underemployed and including an increase or decrease in the income of the obligee or income that may be attributed to the property and assets of the obligee;

(6)

child care expenses incurred by either party in order to maintain gainful employment;

(7)

whether either party has the managing conservatorship or actual physical custody of another child;

(8)

the amount of alimony or spousal maintenance actually and currently being paid or received by a party;

(9)

the expenses for a son or daughter for education beyond secondary school;

(10)

whether the obligor or obligee has an automobile, housing, or other benefits furnished by his or her employer, another person, or a business entity;

(11)

the amount of other deductions from the wage or salary income and from other compensation for personal services of the parties;

(12)

provision for health care insurance and payment of uninsured medical expenses;

(13)

special or extraordinary educational, health care, or other expenses of the parties or of the child;

(14)

the cost of travel in order to exercise possession of and access to a child;

(15)

positive or negative cash flow from any real and personal property and assets, including a business and investments;

(16)

debts or debt service assumed by either party; and

(17)

any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Source: Section 154.123 — Additional Factors for Court to Consider, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­154.­htm#154.­123 (accessed Apr. 13, 2024).

154.001
Support of Child 154.002
Child Support Through High School Graduation 154.003
Manner of Payment 154.004
Place of Payment 154.005
Payments of Support Obligation by Trust 154.006
Termination of Duty of Support 154.007
Order to Withhold Child Support from Income 154.008
Provision for Medical Support and Dental Support 154.009
Retroactive Child Support 154.010
No Discrimination Based on Marital Status of Parents or Sex 154.011
Support Not Conditioned on Possession or Access 154.012
Support Paid in Excess of Support Order 154.013
Continuation of Duty to Pay Support After Death of Obligee 154.014
Payments in Excess of Court-ordered Amount 154.015
Acceleration of Unpaid Child Support Obligation 154.016
Provision of Support in Event of Death of Parent 154.017
Employment Services-related Orders for Unemployed and Underemployed Obligors 154.061
Computing Net Monthly Income 154.062
Net Resources 154.063
Party to Furnish Information 154.064
Medical Support and Dental Support for Child Presumptively Provided by Obligor 154.065
Self-employment Income 154.066
Intentional Unemployment or Underemployment 154.067
Deemed Income 154.068
Wage and Salary Presumption 154.069
Net Resources of Spouse 154.070
Child Support Received by Obligor 154.121
Guidelines for the Support of a Child 154.122
Application of Guidelines Rebuttably Presumed in Best Interest of Child 154.123
Additional Factors for Court to Consider 154.124
Agreement Concerning Support 154.125
Application of Guidelines to Net Resources 154.126
Application of Guidelines to Additional Net Resources 154.127
Partial Termination of Support Obligation 154.128
Computing Support for Children in More than One Household 154.129
Alternative Method of Computing Support for Children in More than One Household 154.130
Findings in Child Support Order 154.131
Retroactive Child Support 154.132
Application of Guidelines to Children of Certain Disabled Obligors 154.133
Application of Guidelines to Children of Obligors Receiving Social Security 154.181
Medical Support Order 154.182
Health Care Coverage for Child 154.183
Medical and Dental Support Additional Support Duty of Obligor 154.184
Effect of Order 154.185
Parent to Furnish Information 154.186
Notice to Employer Concerning Medical Support or Dental Support 154.187
Duties of Employer 154.188
Failure to Provide or Pay for Required Health Insurance or Dental Insurance 154.189
Notice of Termination or Lapse of Insurance Coverage 154.190
Reenrolling Child for Insurance Coverage 154.191
Remedy Not Exclusive 154.192
Cancellation or Elimination of Insurance Coverage for Child 154.193
Medical Support Order or Dental Support Order Not Qualified 154.241
Local Registry 154.242
Payment or Transfer of Child Support Payments by Electronic Funds Transfer 154.243
Production of Child Support Payment Record 154.301
Definitions 154.302
Court-ordered Support for Disabled Child 154.303
Standing to Sue 154.304
General Procedure 154.305
Specific Procedures 154.307
Modification and Enforcement 154.308
Remedy Not Exclusive 154.309
Possession of or Access to Adult Disabled Child 154.0655
Imputation of Income 154.1815
Dental Support Order 154.1825
Dental Care Coverage for Child 154.1826
Health Care Program for Certain Children in Title Iv-d Cases 154.1827
Administrative Adjustment of Medical Support Order
Green check means up to date. Up to date

Accessed:
Apr. 13, 2024

§ 154.123’s source at texas​.gov