TEXAS CHILD SUPPORT LAWYERS
TEXAS CHILD SUPPORT ATTORNEYS IN DALLAS, TEXAS
After a divorce between two spouses, the issue of child support needs to be addressed. Child support is the financial responsibility of an individual for caring for their child as he or she grows. The court can reasonably assume that the parent that is living with the child will take care of the financial obligation. If you are a parent that does not have custody of the child, then you may be required to pay support to the parent that does have custody of the child. Every parent wants to make sure that the needs of their child is met as well as making sure both parents are providing the financial support for their child. It is not uncommon for child support issues to become worse between divorcing spouses and can end up resulting in legal battles.
Child support money is used to help take care of a child's basic needs. This money can be paid to either one parent or both parents. Usually child support is the "minimum standard of support" under the State of Texas, which means the amount of money that will cover the basic needs. Often times couples will agree to the minimum standard of support in order avoid conflicts. Some parents do not deem it appropriate to just pay the minimum amount when it comes to the care of their child. Expense such as education, tutoring, sports, braces, or cars are not included as part of a child's basic needs.
CALCULATION OF TEXAS CHILD SUPPORT
There are rules that help Texas laws to decide which parent will be ordered to pay child support and how much. The criteria the judge uses to determine the amount is based on the following factors:
- The amount of income of each parent
- The amount of time each parent is able to spend with the child/children
- The cost of medical insurance needed for any child under 18
- Daily living expenses required to maintain their standard of living
- Day care needs
- The number of children
- Any orders regarding child support in the past.
The parent that is given the sole custody of the child can usually expect the court to order the other parent to make child support payments. If there is a situation where both parents share custody of the child and one parent makes significantly more money in the comparison of the other, then usually that parent will be given the responsibility of the child support.
MAKING CHILD SUPPORT PAYMENTS
The court may rule to have one or both parent pay child support depending on these guidelines:
- Until the child is 18 years of age or until graduation; depending on which comes later
- Until the child is emancipated through marriage, through removal of the disabilities of minority by court order, or by other operation of law
- Until the death of the child
- If the child is disabled for indefinite period
Payments of child support can be paid by periodic payments, lump-sum payment, an annuity purchase, AND setting aside property to pay for the child, or any combination of these.
CALCULATIONS OF TEXAS CHILD SUPPORT PAYMENTS
A mathematical formula is used to determine how much child support will be based on the parent's net income.
- One Child - 20% of Obligator's Net Resource
- Two Children - 25% of Obligator's Net Resources
- Three Children - 30% of Obligator's Net Resources
- Four Children - 35% of Obligator's Net Resources
- Five Children - 40% of Obligator's Net Resources
- Six of More Children - Not less than 40% of Obligator's Net Resource
Under Texas child support laws, if the paying parent's income is greater than $7,500 per month, the calculations will be made to the first $7,500. If the court feels that additional support is needed, then a higher payment may be warranted as long as the additional amount is not greater than "the proven needs of the child". The law permits the receiving or paying parent to make any child support modifications to the agreement originally signed by the court, if they believe the amount being paid is too high or too low. The child support attorneys of M&A Law Firm have helped a great number of clients with their child support adjustments. We are skilled and understand the needs and attention a child support case demands.
ENFORCEMENT OF TEXAS CHILD SUPPORT
There are situations where spouses may neglect to pay child support to the other parent. Children have always been a matter of importance under the State of Texas. Let an experienced attorney guide you and help you receive the support you need and deserve to care for your family. At M&A Law Firm, have helped hundreds of clients over the years in the enforcement of child support agreements. There are way listed below that can help enforce child support payments:
- Income Deduction/Wage Garnishment - If there is a situation where the parent has been ordered to pay child support and neglecting to do so, then the law can require the employer to withdraw child support payments from their paycheck. In the event that the parent changes job, then the Child Support Enforcement Program must be notified as well as the court.
- Security Interest - A security interest may be put on the parent's car, home, boat, or other property if they are not paying child support. This method can make it difficult to sell the property in the future.
- Seizing Assets - If child support payments are past-due, the Child Support Enforcement Program has the ability to use tax refunds, unemployment checks, lottery winnings, or any other surplus money to make sure payments are made. They also have the authority to work with banks and withdraw money directly from the non-custodial parent's account.
- Contempt of Court - The non-custodial parent that does no pay child support may face jail time or be fined if the Child Support Enforcement Program can provide validity before the court.
- Arrest Warrants - If the situation becomes very serious and no other method of enforcement has been proven successful, a warrant may be issued for the non-custodial parent's arrest.
Child support payment can be an extremely delicate issue in a divorce case. The divorcing couple needs to take care of the child support agreement to guarantee the financial well-being of their children. It would be in your best interest to contact out lawyers for Texas child support. Our legal counsel has a combined experience of more than 20 years. We understand how sensitive this matter is and have great experience with these type of cases.
Our Texas child support attorneys offer a FREE CONSULTATION to our potential clients to discuss their case in detail. We also offer EASY INSTALLMENT PLANS for the convenience of our clients. If you or a loved one is in need of an experienced child support attorney, contact us to schedule a FREE CONSULTATION. Call us at 972.789.1664, email us at email@example.com, or fill out the form on this page to schedule a FREE CONSULTATION.