Generally, states will review how many children are involved, how much money a child requires for their basic needs, the kind of support each child requires, how much the parents earn, and how much time the child spends with each parent. In most cases, child support ends when a child turns 18 or graduates from high school; however, depending on the circumstances, child support may still be necessary. Texas Family Code Section outlines how Texas state law calculates child support.
The child support guidelines detail that amounts paid are based off of a percentage of the monthly net resources as well as the number of children who will need support. This additional income could include retirement payments, social security, unemployment, pension, severance pay, as well as any earnings coming from investments, such as interest and dividend payments. While the court may move forward with a non-standard child support amount, many factors are needed to support deviation.
This includes pre-existing disabilities or ailments the child may have which would require additional support for the benefit of the child.
Once this occurs, the non-custodial parent can update the amount they owe based on the number of remaining eligible children. In certain instances, parents agree to equal parenting time, meaning neither has custodial conservatorship over the child or children. In these cases, the parents can also agree to a child support structure that best works for them and the child, based on the approval of a judge.
Typically, the non-custodial parent paying child support is also required to provide the child with medical and dental insurance offered by their employer. Make sure that everyone's responsibilities are clearly outlined.
If your Co-parent can successfully argue that they were unaware of their obligations under the Child Support orders, then you have yourself an order that cannot be enforced. This means it is not worth the paper that is printed on. Next, I would do everything I can to maintain a strong civil relationship with my Co-parent. I am not saying that you and your Co-parent need to be best friends, but I am saying that a little understanding and grace with one another can go a long way towards avoiding huge problems.
I typically find that the lesser relationship two people have after a family law case, the greater the chance for arguments that are rather small to be made into huge deals. If you and your Co-parent can work together to solve little problems before they become big problems, then you were off to a good start. I can't promise you that all issues relevant to your family law case can be avoided by being civil with one another, but I cannot think of a better place to start.
Learning to treat the other person with respect is probably the simplest way to get this started. Even if you and your Co-parent have had problems with this subject in the past, you can make a promise to one another that the family law case will be the start of a new beginning for both of you. Finally, I think that having an experienced family law attorney during a family law or divorce case can be a tremendous advantage in a child custody or divorce case.
Although there may not be an issue with what you are negotiating upon in your current case, a family law attorney will help you understand the effects of what you were negotiating on for years into the future.
This can help a great deal to avoid missteps that may impact your life down the line. If you have any questions about the material contained in today's blog post , please do not hesitate to contact the Law Office of Bryan Fagan.
Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law and how your family may be impacted by the filing of a divorce or child custody case. I appreciate your interest in our law office. We hope you will join us again tomorrow as we continue to share relevant and informational blog posts on Texas family law and Texas probate law.
Our attorneys are inside the family courts of southeast Texas every day representing clients, and we look forward to the opportunity to do the same for you and your family. One of the most contentious issues in a divorce or child custody scenario is past-due child support or child support arrears. You will have a lot to get used to during your divorce case.
One of those things that you will begin adjusting to during a divorce The obligation to pay child support is one of the most difficult aspects of many parents' divorce or child custody cases. While it June 16, By Evan Hochschild.
Child support can create financial burdens for a parent. Child support as a means has permanent financial assistance. Child support guidelines versus the actual proven needs of raising children the texas family code contains guidelines for how child support should be calculated if you and your Co-parent cannot agree on this subject.
What can you do to avoid problems regarding child support in a child custody or divorce case? Questions about the material contained in today's blog post? Contact the Law Office of Bryan Fagan If you have any questions about the material contained in today's blog post , please do not hesitate to contact the Law Office of Bryan Fagan. Related Posts. Jun 26 Can I pause child support arrears? Apr 03 Do you still have to pay child support if your ex remarries? First Name Please enter your first name.
Last Name Please enter your last name. Phone Please enter your phone number. This isn't a valid phone number. Email Please enter your email address. To determine net monthly income, you first take all available income and then make specific deductions, explained below. For child support purposes, income includes all wages, salary, commissions, military pay , tips, overtime, and bonuses. Income also includes gifts, prizes, and alimony, among other things.
If a parent collects income from a property, then add in the net rental income as well. Additionally, a court may assign an income value to assets that do not currently produce income, like a second house or car, if it's appropriate to do so. For example, a parent may not have a job but could have received property in an inheritance.
In cases like this, if the asset—say a vacation home bequeathed from grandma's will—can be liquidated sold , then a court will consider its market value as part of income. Likewise, in situations where a parent is purposefully unemployed or underemployed to avoid making support payments , then a court can impute attribute income to that parent based on what he or she should be earning.
The resulting figure is the parent's annual net income. Divide the net income by 12 to establish monthly net income. For a complete list of what to include and what to leave out, see Texas Family Code Section Finally, for parents who already pay child support for another child or children, they can take a credit for those payments, which would be subtracted from net income before applying the guidelines.
To find out more on how to do this, see the Texas Family Code Sections Once you've established the noncustodial parent's net monthly income, multiply that number by a percentage that's determined by how many children the paying parent is supporting. In addition to the support amount determined by the guidelines, the parents will also have to cover the child's health insurance. While there is a presumption that the noncustodial parent will provide this benefit, that responsibility can easily shift to the other parent if it makes more sense.
For example, the custodial parent may provide the child's insurance if this parent's employer provides health insurance while the noncustodial parent lacks coverage. The law does not have a minimum amount of child support that must be paid, but families receiving Temporary Assistance for Needy Families TANF or certain other federal benefits like Medicaid should automatically receive child support services from Texas's Attorney General's Office.
A court presumes that the guideline support amount is appropriate. Sometimes, however, the amount given by the guidelines is unfair and doesn't serve a child's best interests. If you think child support should be decreased or increased before a court issues the order, then you can ask the court to adjust it. Once you ask, a court will review all relevant factors, but especially the following, to adjust the amount of child support either up or down:.
Establishing child support is only half the battle, you'll also need to collect support. A noncustodial parent must pay the full amount of support each month as ordered.
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