Texas Family Code - FAM § 154.126. Application of Guidelines to Additional Net Resources

(a) If the obligor's net resources exceed the amount provided by Section 154.125(a) , the court shall presumptively apply the percentage guidelines to the portion of the obligor's net resources that does not exceed that amount.  Without further reference to the percentage recommended by these guidelines, the court may order additional amounts of child support as appropriate, depending on the income of the parties and the proven needs of the child.

(b) The proper calculation of a child support order that exceeds the presumptive amount established for the portion of the obligor's net resources provided by Section 154.125(a) requires that the entire amount of the presumptive award be subtracted from the proven total needs of the child.  After the presumptive award is subtracted, the court shall allocate between the parties the responsibility to meet the additional needs of the child according to the circumstances of the parties.  However, in no event may the obligor be required to pay more child support than the greater of the presumptive amount or the amount equal to 100 percent of the proven needs of the child.


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