• When there is one child in the family, the child support payments will make up 20% of the supporting parent’s net income.
• When there are two children in the family, the child support payments will make up 25% of the supporting parent’s net income.
• When there are three children in the family, the child support payments will make up 30% of the supporting parent’s net income.
• When there are four children in the family, the child support payments will make up 35% of the supporting parent’s net income.
• When there are five children in the family, the child support payments will make up 40% of the supporting parent’s net income.
• When there are six or more children in the family, then the child support payments will make up 40% or more of the supporting parent’s net income.

If the supporting parent also has children from an additional relationship, then these percentages may be reduced to accommodate children from both relationships. Additionally, if the net resources for the paying parent exceed the assumed $7,500, then the court will more than likely apply the percentages mentioned above to the initial amount, but then the court may also request that additional amounts of child support be paid depending on how much more the supporting parent earns in a given month. The court is not legally allowed to demand that the supporting parent pay more than an amount that is equal to 100% of the child’s proven needs or the presumptive amount, which is calculated based on multiplying the applicable percentage by $7,500, depending on which figure is the greater figure.

The net resources term is one that is defined quite broadly, and can be treated subjectively depending on the court. In addition to the monthly support payments, the paying parent will be required to maintain the needs of the children on his or her employer’s health insurance policy. If there is no health insurance available through the employment of the paying parent, but it is available by way of the payee’s employer, then the paying parent will be ordered to pay the costs of the premium. If insurance is not made available through either employers, then the paying parent will have to provide individual insurance coverage to whatever extent is affordable and available. The court will also typically make an order regarding paying deductibles and other expenses regarding insurance.

Child support law also often requires that the paying parent obtain life insurance covering the amount of the child support that would be paid until the point where the child support obligation terminates, so that child support payments can be made even if the non-custodial parent is no longer alive.

Child support orders do not change on a whim, or simply because one party has decided that it is time for a modification. If modification is made to increase or decrease the amount of child support, then it legally has to be based on some kind of evidence that proves that the change is warranted. What this typically requires is that the person asking for the change show that some circumstances have changed in the situation.

It is necessary to show that the facts that were in existence during the last order of child support are no longer accurate. For example, if the income of one of the parents has changed by at least 25% or more, then this is perceived to be a large enough difference that a change in the child-support order is warranted. A modification can be requested when the income change is less dramatic, but this does not typically guarantee that the child support order will be modified to reflect this.

There are a number of different situations and scenarios that can alter circumstances enough to warrant a court ordered modification. If the non-custodial parent who is paying child support has experienced a large increase in their income, then the court can mandate that the child support payments be increased as well. If the needs of the child grow or change in some way over time, such as in a situation where the child has become disabled, then the support amount can be ordered to be increased as well. Sometimes extenuating circumstances are created merely based on the passage of time, such as when a child ages, and becomes more expensive to raise in terms of food and clothing costs. These increases in expenses can justify the modification of a support order.

Support can also be reduced, but only if it can be shown that this would be fair to all involved parties. For example, should the custodial parent get a raise, inherit money or otherwise find themselves better capable of financially caring for the child, then child support payments can be successfully reduced. If the parent who is paying child support takes a pay cut or loses a job, then during this period of financial hardship the court may decide to reduce the amount of child support payments.

In a situation where the parent who is non-custodial has decided not to pay child support, or has gotten behind on re-payment of child support, then he or she is going to be subject to Texas child support enforcement measures which are taken when regular child support payments, as well as past due child support payments have to be collected. There is a Texas Child Support Division which can utilize a variety of different techniques in order to enforce the law when it comes to child support orders, which include any and all of the following practices:

• They may require that employers deduct the court mandated child support amounts from the paycheck of the non-custodial parent by way of wage withholding,
• They may intercept income tax refund payments from the federal government as well as lottery winnings and any other money from federal and state sources based on what is due,
• They may file liens against the property or the other assets of the parent who is non-custodial,
• They may suspend professional licenses, driver’s licenses, hunting licenses, fishing licenses and other types of license,
• They may go so far as to file a lawsuit for the parent who is non-custodial so that they can ask the court for assistance in enforcing the child support order and the law surrounding it.

A judge can even sentence a parent who is refusing to or unable to pay child support to a period of time in jail, and they can enter a judgment that forces the non-paying, non-custodial parent to catch up with the amount of past due payments for the child support.

Both parents have to be able to provide for their child, and it does not matter which of the two parents currently has the primary level of custody in the relationship. Child support is typically going to be paid to the parent that currently has custody for the purpose of benefiting the child or children between the two parents. Legal custody can be changed or modified, but it requires that both parents agree to go to court together and make modifications to the previous order for child support. This action will establish a new amount of child support to be paid by whichever parent is now the parent who is non-custodial. Simply taking custody of the child does not allow a parent to avoid paying child support, since both parents are expected to contribute financially to the benefit of the child.

Welcome from The Butler Firm of Austin Texas

Child support is financial support that assures children being raised by a single parent have the same opportunity for a healthy development as they would have being raised by both parents in one household. It provides for the safety, nourishment and well being of the child. Under Texas laws, when parents are divorced or unmarried, the non-custodial parent will have child support obligations. The right to child support is not the right of the custodial parent, but rather the right of the child. Therefore, child support cannot be waived.

CHILD SUPPORT PAYMENTS IN THE AUSTIN AREA

Child support is generally determined by guidelines in the Texas Family Code and is based on the income of the paying parent and on the number of children being provided for. There are tables in the family code that your divorce lawyer can use to estimate your payments. Our experienced divorce lawyers in Austin and Round Rock can help you determine what your child support obligations would be.

While Texas child support guidelines are strict, if child support under the guidelines would be unjust or inappropriate under the circumstances of your divorce case, the court can order a varying amount. Deviations from the child support guidelines may be the result of factors such as the additional expenses associated with:

• raising a special needs child
• changes in health care coverage for the children previously offered through a parent’s employment
• increases in daycare expenses or school activity expenses
• child support obligations for other children

MODIFICATION OR PATERNITY ACTION IN TRAVIS OR WILLIAMSON COUNTY

While in a divorce, the child support obligations are established as a result of the final decree, in cases involving unmarried parents, a paternity action will be necessary before support payments can be established.

Modification of present child support obligations may be appropriate when there is a significant change in circumstances, such as when there is a change in income

AUSTIN AND ROUND ROCK CHILD SUPPORT LAWYERS OFFERING FREE CONSULTATIONS

Child support issues in a divorce case or modification suit can be rather complicated, given all of the factors involved in a support obligation. If you have further questions, we invite you to give us a call at (512) 322.5367 to arrange a free consultation. We will provide you with good information and determine how our firm might best help you.