Firstly, it’s necessary to understand how child support is calculated in Texas. The calculation takes into account several factors such as each parent’s income level, whether one or both parents care full-time for the children, any special medical needs, or daycare costs. Once the amount of support has been determined by law, either parent may choose to petition the court to review their case if needed and make appropriate changes to their order if warranted. Additionally, adjusting an existing order of child support is possible if there are changes in the family law circumstances that are deemed substantial enough by the court such as job loss or pay reduction over an extended period of time. Therefore knowing what circumstances warrant a change in child support can help minimize conflicts between divorced parties involved with regard to payment disputes and/or monetary awards.
Noncustodial Parents Are Responsible for Child SupportChild support payments are a legal arrangement where one parent (the noncustodial parent) pays money to the other parent (the custodial parent) for the support of their common child or children. The amount and frequency can vary, depending on factors such as each parent’s income, how much time each parent spends with the kids, and any extenuating circumstances. Generally speaking, however, it is noncustodial who will be responsible for child support payments.
In addition to paying child support, non-custodial parents may have other legal obligations, like attending parenting classes. Keeping up on payments is also essential; failure in that regard can lead to serious consequences like denial of access or even jail time. Crucially though, making timely payments does not only benefit them - any money paid contributes to the costs of raising their kids and ensures that can attend school and participate in activities just as all of their classmates do. Let's keep this in mind before making decisions about any obligations we may have when it comes to providing child support.
Implementing Child Support GuidelinesThe Texas child support guidelines are designed to provide families with a basic framework for child support payments. The primary method used is the “income percentage” system, where the total amount of child support is based on a percentage of the non-custodial parent’s net monthly income.
Using the Monthly Child Support Calculator provided by the Texas Office of the Attorney General (OAG), families can get an estimate of what they should pay or receive in support. This calculator is designed primarily for those with single-source income, but other situations may require a more detailed calculation of monthly income and guideline amounts.
In such cases, determining net monthly income will involve gathering evidence such as income tax statements and other pertinent documents that reflect total earnings and deductions per month. Once this information has been collected, any applicable adjustments (i.e. for medical coverage) must be applied before calculating the guideline amount of child support using a standard formula prescribed by law. Having gathered all relevant information and calculated the adequate payment amounts, a final enforcement order must be produced to apply these guidelines in practice.
Factors That Can Affect Child Support Payments May Lead to Deviations From the Guideline AmountThe judges who handle cases involving orders for child support payments start out by assuming that the amount of child support that is prescribed under their respective state’s established guidelines will be what will be in the best interests of the child. Thus, this amount is usually the starting point from which any proposed arrangement deviates.
However, in certain situations where doing so would otherwise be “unjust or inappropriate”, a judge may choose to order a different total figure when it comes to either lowering or increasing the amount. Factors such as the age and needs of a particular child, as well as their parents’ means and ability to provide support plus how much time is spent with each of them are all taken into consideration when making this decision.
Ultimately, when settling on an alternate figure for child support being higher or lower than what was prescribed by the guideline after taking all these circumstances into account, courts have been known to make orders that very often favor both parties more than if they had just stuck with these set standards.
Amending the Order for Child SupportModifying a child support order in the state of Texas is not a simple or straightforward process. It requires a substantial showing that there has been a change in circumstances since the original court order was issued, which affects either the ability to pay or the need for support. Even if you and the other parent are able to work out an agreement between yourselves, you will still need to bring it before a court for consideration and approval. That way, a judge can make an impartial decision based on what's best for the child at hand.
It should also be noted that state law requires all individuals wishing to file for a modification of their child support orders to complete an information sheet giving details regarding their current employment, income, assets, and living situation before being heard by the court. This helps ensure that both parents involved have accurately provided all necessary financial information so that a fair and just assessment can be determined. So when requesting modification of your order, it's essential that you are prepared to disclose all relevant information as required by state law.
Get Help From an Experienced Lawyer in TexasAn experienced family law attorney in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, can help you explain and navigate the entire case process. Contact us today at www.thorntonesquirelawgroup.com for a free consultation.