Establishing And Enforcing Child Support In Texas
Wondering how you are going to pay for everything that your child needs is a common stress for parents. When parents are divorced, this anxiety is often amplified. At the Rosales Law Firm, our family law attorneys provide legal guidance and support to parents in El Paso who need to establish child support or need help enforcing child support.
Determining Child Support In Texas
In Texas, child support is calculated based on a few key factors. The court considers the income of the noncustodial parent, which means looking at their salary, wages and any other sources of income. The state uses a percentage of this income to determine the support amount. The number of children involved also affects the calculation. For example, supporting one child might require a different percentage than supporting two or more.
Texas also considers the needs of the child. This includes costs for health care, education and everyday living expenses. The goal is to ensure the child maintains a similar standard of living as they would if both parents were supporting the same household.
Sometimes, other factors come into play, such as special medical needs or educational requirements. The court aims to be fair to both parents while prioritizing the child’s well-being. Every case is unique, and the court has the discretion to make decisions based on each family’s specific circumstances.
How Can A Parent Enforce Child Support Payments In Texas?
If you’re not receiving child support payments, Texas offers several ways to help. The first step is contacting the Child Support Division of the Texas Attorney General’s Office, which can assist in enforcing the order. This office has tools, like wage withholding, that can help make sure payments are being made. With wage withholding, the state can take child support directly from the paying parent’s paycheck.
Another option is to file a motion in court. If the court finds the other parent in violation, it can impose penalties, such as fines or even jail time.
You can also request that the court suspend the non-paying parent’s licenses. This includes driver’s, professional and recreational licenses. The goal is to encourage compliance without resorting to harsh measures. At the Rosales Law Firm, our family law attorneys provide legal guidance for parents with child custody challenges, enforcing visitation schedules or parenting time and also helping parents secure financial support as part of a paternity action or a divorce.
Can Child Support Be Changed?
In Texas, child support can be changed by seeking a modification of a court order. Modifications are possible when there has been a significant change in circumstances. This might include:
- Changes in income: A change in income for either parent can provide the foundation for a modification. For example, if the paying parent loses their job or gets a substantial raise, the support amount might need adjustment.
- Changes in needs: Changes in a child’s needs can also prompt a review. If the child now requires more medical care or has new educational expenses, the support amount might be reconsidered.
Either parent can request a modification by filing with the court. You will need to provide evidence of the change in circumstances. The court will review the request and decide if a modification is justified. It’s important to keep documentation of any changes that might affect your request for a change in the support amount. This helps ensure the court has all the necessary information to make a fair decision.
Consult An El Paso Child Support Lawyer
Consulting an El Paso child support attorney can help you understand the child support rules and laws and how they apply to your particular situation. Our child support lawyers can help you establish support, enforce support or request a change in support obligations.
To schedule an appointment, you can send us a message or call us directly at 915-219-5516.