November 30, 2011

Austin parents who are divorcing may wish to seek child support in an amount above what the Texas Child Support Guidelines provide. However, don't get carried away by noting what happens in celebrity cases such as the case of Francois-Henri Pinault and Linda Evangelista. Mr. Pinault is currently married to Salma Hayek. Ms. Evangelista was seeking $46,000 per month in child support as reported by Marsha Tacked-Morrison in CelebrityBabyScoop. She claims she needed the funds to pay for nannies, bodyguards, and for expenses related to keeping up her good looks for her work. Good luck with that in Texas. Ms. Evangelista is worth over eight million dollars.

In Texas, you can turn to the Texas Family Code section 154.123 for some factors the court shall consider in determining whether to order additional child support above the guidelines. These factors include:

• The age and needs of the child.
• The ability of the parents to contribute to the support of the child.
• Any financial resources available for the support of the child.
• The amount of possession and access to a child.
• The employability of the person having to pay the child support.
• Child care expenses incurred by either party in order to maintain gainful employment.
• The conservatorship of the child.
• Alimony or spousal maintenance being paid or received.
• Child's educational expenses.
• The possession of a car, housing, or other company benefits.
• The Deductions from other compensation from other sources for the parties.
• The provision of health care insurance and for uninsured medical expenses.
• Special educational and health related expenses of the child.
• The cost of travel in order to exercise possession or access.
• Positive or negative cash flow from a business or investments.
• Debts or debt service assumed by either party.
• Any other reason that is in the best interest of the child considering the circumstances of the parties.

This cannot be treated like a menu from which you can expect you will receive or have to pay child support above the guideline amount. They are factors to consider. Court's tend to be realistic about what the parents really have available, what the guidelines require, and which factors, if any, would truly be appropriate. Certainly, if you have a handicapped child that has special medical needs and equipment requirements, that would be an important variable. Claiming that you need to keep your good looks for your work may be a little more challenging. You should discuss your thoughts on the matter with a Family Law - Divorce Attorney and Mediator. A good attorney can help you understand what can be truly achieved, what evidence you will need, and how it is to be presented.