Frisco Child Support Attorney

Family Law

“Albin Oldner Law, PLLC has done an excellent job in guiding us through the legal aspects of our case their compassion and child advocacy sets them apart from other attorneys who might have represented us.”

- Jack and Beverly Smart

Navigating the complexities of child support can be daunting, but having a skilled Frisco child support attorney by your side makes a difference. At Albin Older Law, our compassionate attorneys can offer the expertise and guidance necessary to safeguard your and your child’s rights and interests. Contact a top-rated Frisco family law attorney today.

How do Texas courts calculate child support?

Texas Family Code guidelines are designed to ensure that child support payments are fair and meet the child’s needs while considering the financial ability of the paying parent. The process considers various factors, including the parent’s income, the number of children, and any special needs of the child.

Here’s a step-by-step overview of how child support is calculated in Texas.

1. Determine net resources

The first step is to calculate the monthly net income of the non-custodial parent (NCP), who is typically responsible for making child support payments. Net resources include all sources of income, including but not limited to:

Wages and salaries
Commission, overtime, and bonuses
Self-employment income
Interest, dividends, and rental income
Retirement, pension, and trust income
Social Security benefits and unemployment benefits
And other sources of income

From this total income, certain deductions are subtracted, including but not limited to:

2. Apply percentage guidelines

Once the monthly net resources are determined, the court applies a percentage guideline based on the number of children the non-custodial parent (NCP) is responsible for supporting. As of the latest guidelines, the percentages are as follows:

20% of net resources for one child
25% for two children
30% for three children
35% for four children
40% for five children
Not less than 40% for six or more children

3. Consider additional factors

Although the percentage guidelines provide a baseline for calculating child support, Texas courts have the discretion to order higher or lower amounts based on several factors, including but not limited to:

The age and needs of the child
The parent's ability to contribute to the support of the child
Any financial resources available for the support of the child
The amount of time each parent spends with the child
Childcare expenses necessary for the employment of either parent
Whether either parent has custody of other children
The amount of alimony or spousal maintenance being paid or received
The provision of health insurance and uninsured medical expenses for the child
Special educational, healthcare, or other expenses of the child

4. Adjustments for shared custody

In cases of joint custody or where the NCP has significant visitation time that reduces the financial burden on the custodial parent, the court may adjust the child support amount accordingly.

5. Cap on resources

It’s important to note there is a cap on the monthly net resources figure used to calculate child support. This cap is subject to periodic adjustment to reflect inflation and changes in the cost of living. Payments calculated from net resources above this cap may require additional legal justification.

Texas has a free online child support calculator

The Texas State Department of Social and Health Services provides an online calculator for initial estimations. This tool offers a preliminary overview of potential child support payments based on inputted data. It’s a useful starting point for understanding financial commitments.

However, this online calculator is no substitute for professional legal advice. A seasoned Frisco child support attorney understands nuances that the calculator might overlook. Partnering with such an expert ensures your specific situation is thoroughly evaluated and accounted for in your child support case.

Does Texas recognize retroactive child support?

Yes, Texas does recognize retroactive child support, which is sometimes referred to as “back child support.” This concept is intended to reimburse the custodial parent for expenses incurred in raising the child that the NCP should have shared. Retroactive support can extend back to the child’s birth in some cases.

Factors to consider

When deciding whether to order retroactive child support and the amount to be paid, Texas courts consider several factors, including but not limited to:

The non-custodial parent's (NCP) knowledge of their paternity or obligation to support the child – If a parent was unaware they had a child or was misled about their obligation to support, the court might reduce the amount of retroactive child support.
The NCP’s previous support or provision for the child – Courts will consider whether the non-custodial parent has voluntarily provided any financial support or care for the child before the order.
The custodial parent’s attempts to notify the non-custodial parent of their child support obligations – If the custodial parent did not seek child support earlier, the court might consider this when determining the amount.
The NCP’s ability to provide support – The court will consider the NCP’s financial situation and ability to pay retroactive child support without enduring undue hardship.

Calculation and limitations

While Texas law permits retroactive child support, there are limits to how far back a court can go in ordering these payments. Generally, courts are limited to ordering retroactive child support for the four years preceding the filing of the suit. However, there can be exceptions to this rule, particularly if the NCP took steps to avoid the establishment of support.

The amount of retroactive support is calculated based on the child support guidelines in effect during the periods in question, considering the NCP’s income and the child’s needs.

How long must child support be paid?

In Texas, the general rule is child support payments continue until the child reaches 18 or graduates from high school, whichever comes later. Exceptions may apply, such as extended support for a child unable to self-support due to a disability, highlighting the court’s focus on the child’s wellbeing.

Understanding child support specifics can be complex. Consulting with trusted Frisco child support lawyers ensures you fully grasp your duties and rights. At Albin Oldner Law, we can navigate these complexities and provide sound legal advice.

Enforcing child support in Frisco.

If a parent fails to meet child support obligations, enforcement actions may be necessary. A Frisco child support lawyer can support the custodial parent in such instances. The non-compliant parent could face various penalties, including wage garnishment, asset seizure, or criminal charges.

Albin Oldner Law stands ready to offer top-tier assistance with child support matters in Frisco. Whether establishing, enforcing, or modifying a child support order, our attorneys provide expert guidance and representation, tailoring our services to meet the unique needs of your case.

Contact Albin Oldner Law online or call us for a consultation. Let our expertise work for you, ensuring your child receives the support they deserve. You’re not alone in this—let us help.

Can child support be changed?

Yes, child support can be changed in Texas under certain circumstances. The law recognizes that life situations evolve, and what was once a fair and feasible child support arrangement may no longer be appropriate or sustainable. Here are the key points to understand about modifying child support in Texas.

Grounds for modification

A child support order may be modified if either parent experiences a significant change in circumstances. The Texas Family Code specifically allows for modification if:

Three years have passed.
There has been a significant change in circumstances since the original child support order, including a significant increase or decrease in either parent's income or a change in the child's living arrangements.
One of the parents has had another child from a different relationship

Process for requesting a modification

To request a modification, the parent must file a petition with the court that originally issued the child support order. The process involves:

Court consideration

The court will consider various factors to determine if a modification is justified, including the best interests of the child, the needs of the child, and the parents’ ability to support their child. The court aims to ensure that the child support payment is fair and reflects the current financial situation of both parents.

Potential outcomes

If the court finds that a significant change in circumstances justifies a modification of child support, it can either increase or decrease the payment amount. The new amount will be calculated based on the state’s child support guidelines, considering the parents’ income, the number of children, and other relevant factors.

Our top-rated Frisco child support attorneys are ready to help

Given the complexities of modifying child support, seeking assistance from a knowledgeable family law attorney is invaluable. An attorney with Albin Oldner Law can help you understand the Texas child support process and represent your and your child’s best interests in court. Call (214) 423-5100 to get started.

Call Albin Oldner Law, PLLC at (214) 423-5100 or contact us online

The attorneys at Albin Oldner Law, PLLC are very personable and treat their clients as people rather than just another case.

- A. Hailey

Should I ever require the need for representation with any future actions, should they occur; I would not hesitate to call upon Albin Oldner.

- M.C.

Todd and his team have taken care of all our business and litigation needs for years. I wouldn’t trust any other firm to provide the same level of service and counsel.

- Matt Lafata

214-225-4325