Texas Child Support
Child Support Attorneys in Dallas, Texas
After the divorce of parents, one of the most important issues that needs to be addressed is child support for the kids. Child Support is the financial responsibility of an individual for caring for their child as he or she grows up. If you are the parent with custody of your child, the court has reason to believe that you will take care of your financial obligation. If you are not the parent with custody of the child, then you still may be required by the court to pay support to the parent who lives with the child. Both parents want to ensure that not only their children’s needs are met, but also both parents provide financial support that is required for their children. Often times, child support issues become worse between divorcing spouses and result in a serious legal battle.
Child support money is used to help take care of a child's basic needs. Child support can be paid by either one parent or both parents. The guidelines for child support for the State of Texas are a “minimum standard of support”, meaning the least amount of money to cover the basic needs. Some parents are willing to agree to the guideline amount to avoid any conflict or because they may not have to pay as much. There are other parents who do not feel that it is appropriate to pay the bare minimum when it comes to the care and needs of their children. The minimum amount for Texas child support for most families does not take into account for expenses such as: education, tutoring, sports, braces, cars, etc.
How is the payment of child support determined?
There are guidelines laid out by Texas law to help decide which parent will be ordered to pay child support and how much. The judge determines the amount required by either spouse based on various factors included below:
- 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
If there is a situation where one of the parents is given sole custody of the child, then the court will most likely order the other parent to make the child support payments. In the case where both of the parents share custody of the child and if one of the parents make significantly more money in comparison to the other, then they will be given the responsibility of child support.
Child Support Payments in Texas
In Texas, a court may order either or both parents to pay child support in the manner specified by the order:
- Until the child is 18 years of age or until graduation from high school; 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 an indefinite period
According to child support laws in Texas, a court may order child support to be paid by periodic payments, a lump-sum payment, an annuity purchase, setting aside property to pay for the child as specified by the order, or any combination of aforementioned payment types.
Calculation of Texas Child Support Payments
In Texas, child support is based on a mathematical formula that is applied to the parent’s net income and other financial resources:
- One Child – 20% of Obligator’s Net Resources
- 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 or More Children – Not Less than 40% of Obligator’s Net Resources
According to the Texas child support law, if a paying parent’s income is greater than $7,500 per month, the child support calculation applies only to the first $7,500. After that, the court may order additional support if the circumstances warrant a higher payment, as long as the additional amount is not greater than “the proven needs of the child.” Texas child support law allows the receiving or paying parent to ask the court to make adjustments to the child support agreement, if they believe that amount they are paying is too high or too low. The legal team of child support attorneys of M&A Law Firm have helped a great number of clients with their child support adjustments and modifications. Our team understands the needs and attention that is required for a child support case.
Enforcement of Child Support
Even though child support payments are ordered by the court, a spouse may still neglect orders. In the State of Texas, children always come in the matters of a divorce as well as family law situations. With the help of an experienced family lawyer, you can receive the support you need and deserve to care for your family. Our experienced child support attorneys of Dallas have helped hundreds of clients over the years in the enforcement of their child support payments. There are few ways that the law can help to enforce child support payments.
- Income Deduction/Wage Garnishment - If there is a situation where the parent does not have custody of the child and does not want to pay child support payments, the Texas child support law can require the employer to withdraw child support payments from their paychecks. In the event he or she changes jobs, they must inform the Child Support Enforcement Program as well as the court.
- Liens (Security Interest) - Parents that do not have the custody of the children and do not make their payments may have a security interest put on their car, home, boat, or other property. This can make it difficult to sell the property in the future.
- Seizing Assets - When child support payments are past-due, the Child Support Enforcement Program has the legal authority to use tax refunds, unemployment checks, lottery winnings, or any other surplus money to make sure payments are made. If needed, they can work with banks to withdraw money directly from the non-custodial parent's account.
- Contempt of Court - The non-custodial parent that fails to pay child support are in direct violation of the court. They can be fined or even spend jail time if the Child Support Enforcement Program can provide validity before the court.
- Arrest Warrants - If the situation becomes very serious and no other methods of enforcement have proven successful, the court may issue a warrant for the non-custodial parent's arrest. This gives any law officer the ability to arrest the parent at any time; at their home, place of work, or even on the road.
Child support payments can be one of the most crucial issues involved in a divorce case. A divorcing couple needs to take care of the child support agreement to guarantee the financial well-being of their children in the future. Whatever your circumstances are, you may greatly benefit from the legal assistance provided by our experienced team of child support lawyers of Dallas. Our team has a combined experience of more than 20 years of working on all kinds of child support and family law matters. We are highly familiar with the child support guidelines according to Texas law, the statutory adjustment that may be made, and the many complexities that can arise. Our firm can successfully help calculate how child support in Texas will work in your personal situation.
Our Texas child support attorneys offer a FREE INITIAL 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 firstname.lastname@example.org, or fill out the form on this page to schedule a FREE CONSULTATION.