Every parent going through a break-up or a divorce is concerned about child support.
The Frisco child support attorneys at Albin Oldner Law, PLLC help divorcing and never-married parents get child support for the first time, modify an existing child support order, or enforce a child support order.
Texas statute provides a guideline for monthly financial support based on the number of children to be supported and the non-custodial parent’s net monthly income (currently capped at $7,500 a month). When there are more than four children, the court looks at the best interest of all parties and the overall financial situation.
The statutory guidelines are as follows:
|Number of Children
|20 percent of net monthly resources
|25 percent of net monthly resources
|30 percent of net monthly resources
|35 percent of net monthly resources
|40 percent of net monthly resources
|Six or More
|Not less than 40 percent of net monthly resources
As an aside, the monthly net resources that the court can use to calculate child support caps out at $8,550.00 per month. Therefore, under the guidelines, the maximum support a parent can generally be ordered to pay for one child is $1,710.00 or 20% of $8,550.00.
Texas Family Court judges can deviate from the state guidelines based upon the facts and circumstances of the particular case. For instance, if the child custody agreement specifies equal or nearly equal parenting time, the judge may order reduced support or even no monthly child support.
Other factors that a judge may take into account when making the decision to order more or less child support include:
Many of the families we work with in the Frisco area are business owners, investors, executives, even celebrities. These households have significant and often complex finances where a parent’s income may be enmeshed with the income of a business, or they may have multiple streams of income.
All income should be considered when establishing an appropriate level of child support. If a business is regularly paying for a personal living expense – like a cell phone or an apartment – that is also income. Our firm handled a case in which our client believed she was owed additional support. The father of the children claimed he earned $2,000 a month but a review of his business finances showed that his business was paying more than $100,000 of his expenses every year. She was able to secure additional support.
Are you having difficulty getting the support you are owed? Has your job situation or income changed so that you can no longer pay the amount the court ordered? Our Frisco child support lawyers help parents with enforcement of child support orders or modification of a child support order.
Schedule a time to meet with one of our Frisco child support attorneys. We think you’ll enjoy the comfortable, informal atmosphere of our office, and find our lawyers easy to talk to, and ready to explain your legal rights and options.
If the parent responsible for paying child support is also paying cash medical support or providing health insurance for the child, the amount of the monthly premiums can be deducted from the monthly net resources and included in the child support calculation. For example, if your monthly net resources are $5,000.00 and you are paying $100.00 per month in health insurance for the child, your monthly child support obligation would be $980.00 or 20% of $4,900.00.
Under Texas child support laws, a non-custodial parent who fails to pay court-ordered child support, then the other parent can use enforcement measures to demand those unprovided and past-due payments. Even if the child support order ends due to planned or unplanned circumstances, the child support arrears will remain and must be paid to the parent who was originally meant to receive the support.
Parents in Texas can be charged with the criminal offense of “criminal nonsupport” if they “knowingly or intentionally” do not pay court-ordered child support. Usually, the court will use minor penalties to encourage the non-custodial parent to make the payments. However, severe penalties like steep fines and jail time can be used if child support has not been paid in 24 months or the amount owed exceeds $9,999.99.
If the amount of child support that you receive from the non-custodial parent is not enough to continue supporting your child’s needs and interests, then you can petition the court to make a child support modification. The court won’t want to make a change unless you can prove that it is necessary, that the paying spouse can afford it, and that the change would benefit your child’s best interests. We can help you create this petition, so it has a better chance of ending amicably.
Are you certain that you are paying too much child support? You can file a petition to have the amount lowered to something more reasonable for your budget. You will need to prove that the reduction is necessary and that it won’t affect your child’s well-being for the court to consider it. Talk to our attorneys to see if it would be possible to file a child support modification petition.