A Basic Overview of Child Support In Texas?

Child support is basically what one parent contributes to the other for expenses related to raising and supporting the various needs of their child. It can include many of your child’s needs, such as housing, food, education, and healthcare, and is designed to ensure that your child maintains a stable and supportive environment.

Most child support rules and regulations in Texas are managed by the Texas Family Code, which sets detailed guidelines for determining and enforcing support payments. The law is precisely drafted to protect your child’s best interests and ensure that you and your ex-spouse contribute somewhat to your child’s upbringing.

Under Texas law, child support commonly continues until your child turns 18 or graduates from high school. However, your support may continue in some situations, for example, if your child has a disability.

One of the questions that almost always arises is how you know that the support you pay is fair to both parties. In Texas, the fairness of child support usually depends on various factors—for example, your and your ex-spouse’s income, custody arrangements, etc. In most cases, discussing your unique situation with a qualified child support lawyer will help you understand your legal options and ensure that the amount you pay aligns fully with Texas child support guidelines.

How is Child Support Usually Calculated in Texas?

Numerous factors influence the amount of child support in Texas, including your income, custody arrangements, visitation rights, state guidelines, etc. All these factors are analyzed and factored in to ensure that the support amount calculated is reasonable, reflects your child’s true needs, and ensures these needs are truly being met.

Of course, each case differs, but your income and ex-spouse are always critical in calculating child support payments. Your income and overall financial situation are considered, including your salary, wages, bonuses, and any other income you may have. In most cases, however, the spouse with the higher income always pays a more significant portion of your child’s support.

Custody arrangements also significantly impact these child support calculations. If you, for example, have primary custody, the non-custodial spouse is usually required to pay child support. The court looks at this carefully and usually adjusts it based on the child’s time with each parent.

Texas state guidelines also significantly influence determining the appropriate and fair amount of child support for each parent. These guidelines usually consider the number of children, the spouse’s income, and other pertinent factors.

It’s important to note that state guidelines are just that – guidelines. Depending on the circumstances, many of these guidelines are flexible and can be modified if needed. In this area of negotiation, your Texas child support lawyer’s professional guidance, insight, experience, and compassion will prove invaluable.

How Can My Lawyer and I Determine the Fair and Right Level of Child Support Needed?

To determine whether your child support payment is fair in Texas, you and your experienced and knowledgeable child support lawyer will consider many factors. However, be aware that the state uses precise guidelines and formulas to determine child support.

Under Texas law, the state has a standard guideline for child support based on the non-custodial parent’s monthly net resources, minus taxes, health insurance, etc.

Therefore, in most cases, the percentage of net resources allocated to their child support is commonly:

  • For one child, it’s 20%.
  • Two children – 25%
  • Three children, 30%, and five or more children, 40%.

These calculations are sometimes complex but are usually followed as accurately as possible.

Additionally, to ensure that the income used in the calculation is as accurate as possible, the deducted items from the parent’s net include such things as:

  • Federal income tax.
  • Social Security taxes paid into.
  • Union dues, health insurance premiums, and more.

The Texas courts can deviate from the guideline percentages if additional factors exist. Some examples of these exceptional circumstances may be:

  • Extraordinary medical, healthcare, educational needs, etc.
  • Travel costs that pertain to visitation.
  • Both spouses’ current resources and earning potential and if they support other children.

You should note that although these calculations do have state-mandated guidelines, many more factors can influence a child custody payment, such as health insurance, adjustments for shared custody, and more. Therefore, you and your skilled, experienced, and compassionate child support lawyer must work closely so that the final payment is fair and just to you and your child. Still, nothing is overlooked that may decrease (or increase) the final payment mandated by the court.

If I Don’t Feel My Child Support is Fair, or Things Change Post-Divorce, Can I Modify the Amount I Pay?

Even if your child support payment may seem fair when your divorce is finalized, life and financial situations change.

If post-divorce circumstances change, you and your lawyer can petition the court to modify your child support payment for cause.

Some of the legal steps you may have to take are:

  • Thoroughly evaluate your first agreement—You and your lawyer will analyze the current agreement to ensure you understand its terms and obligations.
  • Identify and present valid reasons for the modification. It would be best if you determined that there has been a significant change in your circumstances, which is enough to justify changing the current child support order.
  • Professionally file a request for modification – Submit the documents to the court and all the supporting evidence that justifies the need. A divorce attorney is crucial to this process because it is essential to adhere to the specific guidelines and deadlines set by the Texas court system.

Post-divorce modifications can be extremely challenging. Therefore, a professional, caring, and highly knowledgeable child support lawyer is mandatory for the success of any modification.

No matter the reason for the modification, it’s still critical to adhere to the specific guidelines and deadlines set by the Texas court system. Before you go to court, you and your child support lawyer should thoroughly discuss your case. By doing so, your lawyer can evaluate (as accurately as possible) your chances of modifying your agreement and how to successfully present the information needed.

I Feel My Child Support Agreement is No Longer Fair; How Should I Proceed?

The first thing to do is to consult a family lawyer who is well-versed in child support issues and thoroughly review the details of your case to ensure (under present conditions) its inherent fairness.

Your skilled, knowledgeable, and empathetic family lawyer is highly familiar with the state guidelines and will help you determine if changing circumstances have made your child support payment unfair. Once your lawyer has found the evidence needed to substantiate your request, they will request a formal review or modification through the Texas court.

Anita Cutrer and the Cutrer Law Group have over 20 years of experience helping Tarrant County families ensure fair and accurate child support. She is also very familiar with and aware of life’s changes, changes that mandate that post-divorce child support agreements be modified.

Call her today at 817-854-1651, and know you are in the best hands possible. She will work diligently and tirelessly to put this critical but usually contentious issue behind you and your family.