Child Support Attorney in Montgomery County, TX

Guiding Families Through the Child Support Process

Whether you are going through a divorce with children or have a change in circumstances that requires creating or reevaluating a child support order, you need to understand how these calculations are made and how paying or receiving support could impact your finances. Child support is a notoriously adversarial process, and there are many misconceptions about how child support is determined or who will be ordered to pay whom. Working with a local child support lawyer ensures you get accurate information and have someone who can represent your interests throughout the proceedings.

If you will be subject to a child support order or need to modify an existing order, contact the law firm of Justice By Carter, PLLC to ensure you have the representation you need for a favorable outcome.

What Factors Are Considered When Calculating Child Support?

Every state has its own method for calculating child support obligations. Texas differs from many states because it bases the calculations on net resources instead of income. Net resources are determined by taking qualifying streams of income or wages, including overtime, rental income, dividends, and other sources, and deducting qualifying expenses. These can include state income tax, union dues, and medical or dental insurance premiums covering the children.

Once the paying parent’s net resources, referred to as the obligor, have been determined, child support is set at a percentage of those resources, depending on how many children are included. The percentages are:

1 child: 20%
2 children: 25%
3 children: 30%
4 children: 35%
5 children: 40%

Texas also has separate guidelines if an obligor is considered low-income, which is generally set at less than $1,000 in net resources per month. In this case, the percentages decrease by 5%, so the amount of child support a low-income obligor pays for one child would only be 15% of their net resources.

Remember that the court can change the amount of child support up or down, called a deviation, if there are exceptional circumstances. For example, a child with special needs may have more medical expenses or other extraordinary needs that can be factored in.

How Long Does Child Support Last?

Assuming there are no other changes during the order, child support payments generally last until the child turns 18 or is no longer enrolled in an accredited program that will result in the child getting a high school diploma, whichever comes first. Child support also ends if the child gets married, begins active service in the U.S. military, or passes away.

However, if circumstances change, someone can stop receiving child support payments before any of these things occur. Suppose Parent A is paying child support to Parent B, but the custody agreement is changed, and Parent A now has full legal and physical custody. Parent B may then be ordered to pay child support instead of receiving it.

The amount of time one parent spends with the child can be a factor in determining child support, but more often than not, support may still be ordered even if there is a 50/50 possession arrangement in place. Many courts require one parent to pay child support, and outside of a mutual agreement between both parties not to pay it, courts generally view it as best that one parent contribute financially to the child’s upbringing. The court’s primary goal is to ensure the child’s needs are met and that the financial responsibilities are fairly shared, which often results in support orders regardless of equal custodial time.

Does Conservatorship Affect Child Support Payments?

In Texas, child support and child conservatorship (child custody) are typically treated as distinct matters. However, they may be viewed together if there’s a notable disparity in the time each parent spends with the child. So, if one parent is spending the vast majority of the time with the children, they naturally incur more expenses related to raising them. This includes more money spent on groceries, clothing, school supplies, and other costs. In this case, the court may award a deviation to the primary parent. Similarly, if both parents have roughly equal time with the children and have a similar income, the court may order neither party to pay child support to the other.

It is critical to address the common misconception that parenting time can be withheld if a parent is not paying child support or that child support automatically entitles a parent to parenting time. The court treats these matters separately, and only the custody order determines how much time the parents spend with the children. Failure to adhere to this order may result in a parent being held in contempt. Should deviations occur without mutual agreement, an enforcement action can be initiated in court, potentially leading to a finding of contempt against the violating party.

Impact of State Medical Benefits on Child Support Obligations

It’s also important to understand that additional financial responsibilities may arise outside of the standard child support and conservatorship arrangements.

If the child is or ever has been on Medicaid or any state benefits of medical assistance, the state, through the Office of Attorney General, can intervene in the case — even if they are not the ones who initiated the suit — to ensure that the state is reimbursed for the funds spent on these benefits.

This reimbursement amount is typically added on top of the regular child support order and is directed straight to the state. The purpose of this is to recover public funds used for the child’s medical expenses, and courts will order the liable parent to pay this amount separately from the standard support obligation. It’s important for parents to be aware that receiving or qualifying for state benefits can have this financial impact, and the state has the means to enforce reimbursement even if the child support case is ongoing.

Can a Child Support Order Be Modified?

It is normal for parents to have changes in income as they navigate things like job loss, promotions, and relocations. It is also possible for other factors in the child support calculation, such as how many children the obligor has, to change. For this reason, the Texas Family Code allows for the modification of child support orders as long as there has been a substantial change in circumstances by one or both parties. A substantial change in circumstances could include:

A significant raise
Having to take a pay cut
Picking up a second job or working as an independent contractor
Receiving a considerable amount of overtime
Starting a business
Losing a job
A substantial change in the cost of medical or dental premiums
The obligor becomes disabled and unable to continue working
A parent no longer exercising their parenting time
The birth of another child

The circumstances must generally be considered either permanent or long-term and significant enough to result in a substantial change to the child support order. A change that results in just a few dollars’ difference is not likely to warrant a modification.

If there is a child support dispute and one parent is requesting a modification to an existing order, the process generally begins with requesting a formal child support review with the local Child Support Division. Both parents will attend a meeting with a child support officer, where they will be given the opportunity to present documentation for why the modification needs to be made or why they oppose it. The goal of the meeting is for the two parties to come to an agreement and sign an order that a judge will finalize. If the parents are not able to agree, a court hearing will be scheduled, and the case will proceed before a judge.

How Does Child Support Enforcement Work?

A child support order is a court order that must be followed by both parties. If the obligor refuses to pay child support, the parent receiving the support can ask for enforcement measures up to and including incarceration. The potential penalties for not paying child support include:

Having your driver’s license suspended
Having recreational licenses, such as hunting or fishing licenses, suspended
Not being able to have your passport renewed or be issued a new one
Having liens filed on your financial accounts, property, and other assets
Being found in contempt of court, which can result in fines
Potential incarceration in severe cases

If the obligor is more than $5,000 behind on child support, has not made any payments in the last six months, and is evading an arrest warrant, they can be included in the Office of the Attorney General’s Child Support Evader Program. This means that they will be publicly identified and a photograph included so the public can assist in their capture. If the obligor has filed for bankruptcy or is currently receiving TANF benefits, they cannot be included in this program.

Being sought for not paying child support is a serious matter that can result in significant legal penalties. If you are not able to make your support payments, it is critical to talk to an attorney as soon as possible about your options. You can request a child support review to determine if the amount can be lowered to something more affordable. If you are owed back child support, an attorney can help you start enforcement measures to collect what you are owed.

How Can a Family Law Attorney Help With Child Support Cases?

Working with an attorney for your child support case can ensure that the calculations are fair and accurate and that all of the circumstances have been considered. An attorney can help you understand when a deviation may be warranted and represent you in contempt or enforcement proceedings.

The first step in any child support case is to get legal counsel from an experienced family law attorney. Justice By Carter, PLLC, provides legal services related to child support matters and other family law issues and can help you understand what you are entitled to and what to expect from the child support process. Call 346-595-8002 to schedule a free initial consultation over the phone to get started.