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Child Support Lawyer in El Paso, Texas
In Texas, the person who pays child support is typically the noncustodial parent. Unless deemed otherwise by the Court, that parent pays a set percentage of their net resources each month: 20% for one child with a 5% increase for each additional child. Family court hearings can be contentious, and it’s best to have an experienced El Paso child support attorney on your side to ensure the child’s best interests are being looked after.
If you need legal assistance modifying a child support order, establishing a child support amount, enforcing a child support order, or working through other child support issues in El Paso, our lawyers at Laine Law can help. Schedule a consultation with one of our lawyers either via phone or by filling out our contact form.
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Contact Our Experienced Child Support Attorneys to Handle Your Support Disputes
Contact Our Experienced Child Support Attorneys to Handle Your Support Disputes
Child support is a concern for both parents, whether custodial or noncustodial. Disputes make child support cases tricky to handle on your own. Our El Paso child support lawyers make sure your voice is heard.
If you’re involved in a child support dispute, don’t hesitate to obtain legal representation. Laine Law can help – call our lawyers or fill out our contact form to schedule a consultation.
How Does Child Support Work in Texas?
How Does Child Support Work in Texas?
During all aspects of your divorce, it’s important to remember that the court’s decisions are intended to be in your child’s best interests. This is an idea that can often get lost in the intricacies of child custody and support hearings.
In Texas, the Courts calculate child support payments by applying a flat percentage to the support obligor’s gross income less certain mandatory deductions:
- 20% – one child
- 25% – two children
- 30% – three children
- 35% – four children
- 40% – five children
The percentage applied is reduced if the obligor has other children, not before the court, who are either currently living with the obligor or court-ordered to receive support from the obligor. Child support continues until the child reaches 18 years of age or graduates from high school if that comes later. In some cases, however, child support can be extended. If the child is dependent on parental care due to a disability, child support payments can continue for the life of the child.
In Texas, a family law judge can modify the support obligor’s payment if there has been a significant change in circumstances, such as when the support obligor becomes unemployed or underemployed, has an increase in income that would result in an increase in child support of at least 20%, or if it has been at least three years since the existing order was signed.
Nonpayment of support is a serious offense in Texas, and child support enforcement is not taken lightly by the Courts. A Texas court can order the support obligor to pay back child support in one lump sum, order wage garnishment, license suspension, or even incarceration over unpaid child support.
Texas Child Support FAQs
We’ve collected some of the most frequently asked questions about child support cases in Texas.
Is it Better to Get a Lawyer for Child Support?
Child support and child custody cases often go hand in hand. They can both be tricky for nonprofessionals to work through, and you need to be prepared for all contingencies. An El Paso child support lawyer can ensure you’re effectively represented in court.
First, a lawyer can ensure you have the documentation necessary to help the Court decide the amount of support. Second, if the other parent has a lawyer, it is essential that you have one too, to level the playing field., It is difficult, if not impossible, for a non-lawyer to know the intricacies of a child support case.
We can help you meet the requirements established by the Court, ensure you’re completely prepared for your hearing, and fully explain your options and what is going on in the proceedings.
How Can a Child Support Lawyer in Texas Help Me?
An El Paso child support lawyer can explain what to expect in a child support case and can ensure your voice is heard during the proceedings. They can help make sure you have the documentation required by the Court to make a decision and can help you navigate the process every step of the way.
A lawyer can help make sure the support obligor is meeting his or her child support obligations. If you’re the support obligor, your attorney can ensure you’re paying only what you owe.
Can You Argue Child Support in Texas?
Although there are typically limited grounds upon which you can argue the amount of child support in Texas, there are certain circumstances that allow you to modify or terminate support. If you become seriously ill, exercise more than your court-ordered possession, or are incarcerated, for example, you can appeal to the Court to reduce or terminate support. In these cases, it’s best to seek representation by an experienced child support attorney who can help you work through the process while you’re dealing with significant life changes that affect your ability to pay support.
What Can I Expect at a Child Support Modification Hearing?
Before a child support hearing in Texas, the parent requesting the modification submits a review to the Court. The Court can decide to modify support for one of the following reasons:
- The support obligor’s income has increased or decreased
- There’s been a change in medical insurance coverage for the children
- There has been a change in the children’s living arrangements
- The support obligor has become legally responsible for more children
If any of these changes have occurred, either parent can request a review for modification. This starts the process. In Texas, the Court verifies both parents’ income, the existence and cost of medical insurance for the children, and each parties’ circumstances at the time of the last order and present.
During a child support modification hearing in Texas, both parties will appear with their lawyers in Court. The parent who wants to modify child support will submit his or her list of reasons, and the other party will have the chance to respond. The judge will review both parties’ documentation and arguments and will decide whether the child support order should be modified.
If the judge is not convinced that a child support modification is warranted, a change will not occur. If he or she is convinced, he/she will sign a new order changing the amount of child support
Is Child Support Mandatory in Texas?
The Courts want to ensure that the child’s needs are being properly taken care of, so child support is often a mandatory requirement. However, parents may agree to no child support if they can ensure their child’s needs are being met. Additionally, no child support may be warranted in certain situations where the parents share equal parenting time and responsibilities. According to Texas law, the judge may consider this when making a determination and may decide that child support is not necessary at his or her discretion and according to Texas law.
