It is important to secure your child’s future by assuring that child support obligations are correctly calculated and your child’s needs are met. Just as important is the reality that each parent be able to afford to meet the child’s needs when the child is in that parent’s care. Incorrectly calculated child support can place you and your child at risk.
At Laura Dale & Associates, our experienced team of attorneys and staff will competently handle these issues for you and assure that you are receiving or paying the correct amount of child support, even in cases involving multi-jurisdictional disputes over child support or in cases involving high net worth parents. Experience counts, and with a combined 30-plus years of experience, your child is safe in our hands.
Child Support Considerations In Texas
There are caps on the amount of child support paid in Texas (child support guidelines), unless there are facts present in a case that will support a claim for “above guideline support.” Many facts can be argued in support of above guideline support, such as the need to maintain children in lifestyles that they have become accustomed to during a marriage, to meet the special needs of children with disabilities, to provide need of psychological counseling for children who have suffered as a result of divorce, and so on.
Statutory guidelines in Texas determine the amount of child support payments when guideline support is ordered. The noncustodial parent typically pays child support based on the following percentages:
- 20 percent of his or her net income for one child
- 25 percent for two children
- 30 percent for three children
- 35 percent for four children
- 40 percent for five children and
- At least 40 percent for six or more children
Net income is defined as income available from all resources, less taxes and the cost of health insurance for the child.
The maximum monthly child support payment in Texas is currently based on a net income of $7,500 per month, and child support obligations continue in Texas until a child reaches the age of 18 or graduates from high school, whichever event occurs later.
Health Support Obligations
Parents are also obligated to provide health insurance for their children in Texas. The court can order either parent to enroll a child on an existing health insurance policy but customarily orders the child support obligor to do so or to reimburse the cost of the health care premium to the primary custodian of the child.
Child Support Enforcement
Courts can enforce their child support orders and frequently hold nonpaying parents in contempt for failure to pay. Enforcement actions are highly technical lawsuits that must be precisely plead and brought before the court. Whether you are a parent seeking child support or one defending against a child support enforcement action, experience counts and it is important to be represented by a legal team that can get the job done.
Child Support Modification
Things change, and certainly that is even more true in economically tumultuous times. Is your child entitled to more child support? Are you entitled to a reduction in the amount of your monthly child support obligation because you have lost your job or you earn less? The experienced family law attorneys at Laura Dale & Associates, can answer these questions for you and can effectively make your case to the court.
Child Support FAQs
How is child support determined?
Child support is income-based and determined according to Texas child support guidelines. See our child support page for information.
Can you receive more support than the statutory guidelines call for?
If there are facts present in your situation that you believe call for more support, you can seek additional support. Common arguments for above guideline support center on the need to maintain a lifestyle the children are accustomed to, the special needs of children with disabilities or medical conditions, and the need for psychological counseling for a child after divorce.
How can I make my child’s father pay child support?
If you were married, your husband is presumed to be the father and child support will be determined according to statutory guidelines. If you were not married, it is required that you establish paternity before child support will be required.
I’m paying too much in child support. What can I do?
If you have lost your job or something else has resulted in a significant material change in your circumstances, you can seek child support modification. Likewise, if you suspect your child’s other parent is not paying enough or he or she has received a significant increase in income, you can seek to have child support modified upward.