Prior to 1985 a parent's duty to support terminated when the child attained the age of 18, under Texas Education Code, a student must graduate from high school before the age of 21. However, if a child becomes disabled before the age of 18, the child support continues into adulthood. Sometimes, decrees do not add this additional language and can cause the custodial parent to file a motion with the court to increase child support, thus incurring additional attorney's fees. When a motion to increase child support is filed, discovery can begin. This process allows any passive income to be identified.
Passive income includes any dividends, interest, royalty income and net rental income.
Other income that may be identified could include pensions, worker's compensation benefits, pensions, annuities, trust income and capital gains. Remember, calculating child support consists of net resources, which is cash flow from all sources minus deduct-Ions. In order to assure that your rights are protected and that your children get what they are entitled, seek legal advice. This issues can be complicated and you shouldn't pursue it without first consulting with an attorney experienced in this area of the law.