Family Law Attorney – Dallas, TX
With every custody battle comes the inevitable concerns of how you are going to afford to raise and provide a good future for your children. It’s important to have proper representation when it comes to disputes concerning child support. We’re here to help.
WHO IS REQUIRED TO PAY CHILD SUPPORT?
The parent who has the primary conservatorship or custody of the child is entitled to receive child support from the other party or parent. The party obligated to pay child support is named the “obligor.” The party entitled to receive child support is named the “obligee.”
HOW IS THE AMOUNT OF CHILD SUPPORT PAYMENTS DETERMINED?
Under Texas law, child support is determined by the set guidelines in the Texas Family Code. The formula only applies to the first $7,500.00 of the obligor’s monthly net resources. If the Obligor has no other children, the percentages are as follows:
• 1 child – 20% of Obligor’s Net Resources
• 2 children – 25% of Obligor’s Net Resources
• 3 children – 30% of Obligor’s Net Resources
• 4 children – 35% of Obligor’s Net Resources
• 5 children – 40% of Obligor’s Net Resources
• 6 or more children – Not less than 40%
If the Obligor has another child or children not the subject of yoursuit or from another parent, the above percentages will likely be reduced.
WILL THE COURT CONSIDER HOW MUCH THE OBLIGEE MAKES WHEN DETERMINING THE AMOUNT OF CHILD SUPPORT?
No. In most situations, Courts will not take into consideration the primary parent’s income when determining what the other parent’s child support obligation should be.
CAN MY CHILD SUPPORT PAYMENTS BE MODIFIED?
Texas Law provides for various circumstances in which a child support obligation may be increased or decreased. Child support may be increased or decreased if there has been a substantial change in circumstances of the parties or the needs of the child. Child support can also be modified if it has been at least three years since the last child support order, and the new amount calculated under the child support guidelines differs by either 20% or $100.00 from the amount of support previously ordered.
CAN CHILD SUPPORT BE INCREASED IF THE INCOME OF THE PERSONPAYING CHILD SUPPORT HAS INCREASED?
Your attorney must show a substantial change in circumstances of one of the parties. As long as the Court finds that the increase is a substantial change in circumstances or it has been at least three years since the last child support order, and the new amount calculated under the child support guidelines differs by either 20% or $100.00 from the amount of support previously ordered, then a Court may increase child support payments.
CAN MY CHILD SUPPORT PAYMENTS BE LOWERED?
Your child support payments may be lowered if you can show that losing your job was not your fault and you had no choice but to take a lower-paying job. If you choose to take a lower paying job, a Judge would not likely lower your child support obligation.
WHAT CAN BE DONE IF I AM NOT RECEIVING THE CHILD SUPPORT PREVIOUSLY ORDERED?
If a child support payment is thirty days late, then your attorney may file an enforcement action in the Court that ordered the child support. Your attorney may request that the Court find that the Obligor is in contempt and to order the Obligor to go to jail.
If you’re concerned about a child support or custody battle, it’s important to have proper legal representation. Call us today to find out how we can help.