Child Support Attorney in Temple Calculating Fair Child Support Payments and Enforcing Child Support Obligations Post-Divorce
Unlike spousal support, child support is a need, not a nice-to-have. In Texas, it’s treated as such, as it concerns your children’s overall well-being. Parents are financially responsible for their children after divorce until they reach the age of 18, though certain circumstances apply if a special needs or medically dependent child is involved.
Our family law attorneys can help you calculate child support payments and determine a suitable situation based on Texas law and child support guidelines. The court will use specific parameters to resolve this, including:
- Net monthly income of both parents
- One child equates to 20 percent of net monthly income.
- Two children equate to 25 percent of net monthly income.
- Three children equate to 30 percent of net monthly income.
- Four children equate to 35 percent of net monthly income.
- Five children equate to 40 percent of net monthly income.
- Six children equate to no less than 40 percent of net monthly income.
If a parent’s net monthly income exceeds $7,500, the court will apply the same calculations as above to the first monthly income. The court will only award more child support if the parent can prove a child needs more help for specific purposes, including tuition, extra medical costs, tutoring, education, and more.
Barina Law Group can help you determine child support obligations, follow the guidelines and enforce them if compliance becomes an issue. We have your children’s best interest in mind, the same as you. Contact our law office for an initial consultation today: (254) 323-5506.
Is Texas Strict on Child Support Obligations?
There are many legitimate and illegitimate reasons a spouse chooses not to pay child support. Some actions are intentional, while others are outside of a parent’s control and must be managed through the court.
Any deliberate attempt to skip child support payments is not tolerated in Texas. Failure to pay child support will result in harsh penalties, and as the sole provider for your children, you have rights, and you’re entitled to take action against this behavior.
Sometimes, life events such as job loss, a disability, or injury can change a parent’s financial bandwidth and ability to pay the agreed-upon child support payments. A parent must notify their attorney to avoid legal troubles if the unfortunate happens.
In the same vein, with any promotions or positive changes in financial circumstances, child support payments should be reconsidered depending on the custodial situation and which parent is the high-income earner or provider.
As your attorney, we can help you pursue back pay and other legal action to ensure your spouse fulfills their child support obligations moving forward, regardless of the circumstances. Both parents should be in lock and step regarding child support payments and any agreed-upon responsibilities post-divorce.
Barina Law Group can help you, and your ex-spouse understands child support obligations, and we also can step in and enforce them if your spouse is not complying.
How Does Child Support Work for Disabled or Special Needs Children?
A child that requires substantial care or personal supervision because of mental or physical disability and cannot support themselves might warrant additional child support coverage under Texas law.
In addition to traditional child support, the court will review special considerations regarding the cost of care, housing, education, and more regarding special needs or disabled children as part of a divorce. In Texas, the Texas Family Code states that both parents will pay indefinite child support through adulthood to cover substantial care and supervision.
As part of this decision-making process, a judge will look at your child’s age, financial resources available from both parents, and the non-custodial parent’s ability to provide financially for educational, medical, and other related costs to help determine a monthly amount.
Medical child support is another factor specific to health insurance for a special needs or disabled child. The court will review various factors to determine which parent should cover the health insurance for the child.
The judge might review the cost and quality of the health insurance and other possible and reasonable coverage options through one of the parents or another source to help with the burden of costs. Ensure your unique needs or disabled child is adequately taken care of, and Barina Law Group can ensure this is the case.
If I Make Minimum Wage, Do I Have to Pay Child Support?
There are different guidelines for individuals whose monthly income and resources are less than $1,000 per month, per revised guidelines via the Texas Family Code.
Figure that the current minimum wage in Texas is $7.25 per hour. When deciding child support payments in a divorce case, a parent’s net monthly income and overall resources are considered when determining a monthly amount. The court will calculate modified child support payments if you are unemployed, underemployed, between jobs, or in any other related circumstance.
This decision considers past employment, the ability to work and earn an income, and the current and federal minimum wage. A possible schedule for parents with lower income might look like this:
- One child is 15 percent of the income.
- Two children are 20 percent of the income.
- Three children are 25 percent of the income.
- Four children are 30 percent of the income.
- Five children are 35 percent of the income.
If you need assistance calculating possible child support payments with a lower income as the noncustodial parent, or you need to enforce child support payments as the custodial parent with a low-income earner, call Barina Law Group for an initial consultation to see how an experienced attorney can help.
Can an Attorney Help Me Get Back-Pay for Child Support?
Any parent that voluntarily chooses not to pay child support despite a legal child support agreement is a target for retroactive or back-pay child support if a spouse wants to pursue legal action. Child support ensures your children are well taken care of, and anything less is non-negotiable in the eyes of the court.
There is no excuse not to update your spouse or attorney if your financial situation changes, for the worse or better. With any legal agreement, the more upfront communication, the better for everyone involved.
Texas does not take non-compliance related to child support payments lightly, especially when it’s intentional. Some people might choose to “under-employ” themselves or cheat the system in another way, though it’s rare to get away with it unscathed. Typically, the parent pursuing legal action wants a financial resolution or punishment.
When a parent does not pay, we can help you pursue back pay, wage garnishment, debtor reporting, freezing bank accounts, liens, and contempt orders through the court. Barina Law Group can help you work through your child support issues and support any disputes or conflicts that arise that stand in the way of caring for your children.
Contact us today using our initial consultation to discuss your child support case. Call: (254) 323-5506.