Obtaining Child Support And The Modification Of Child Support In Texas
I founded the Law Office of Richard Lybarger in Sugar Land to help advise and counsel clients in the Houston area who are facing family law problems including divorce, child support, paternity and child custody. In the state of Texas, parents are required to provide financial support for their children. I am a child support attorney, and I want to help my clients understand and utilize the child support laws in Texas.
How Does Child Support Work In Texas?
In the state of Texas, child support is calculated based on custody. If you are the custodial parent, the child support laws require that you receive 20% of the noncustodial parent’s monthly income (and an additional 5% per child if there is more than one child). Even if the noncustodial parent is unemployed, they are still required to contribute financially to their child’s needs.
Establishing Paternity To Receive Child Support
In the state of Texas, any child born to parents who are married is presumed to be the biological child of those parents. If the child’s parents get divorced, the noncustodial parent will be required to pay child support. When a child is born out of wedlock, in order to enforce child support obligations, paternity must be established. Both parents can agree to acknowledge paternity of a child, or a court order can establish paternity. Once paternity is established, the court can order (and enforce) child support obligations. But a paternity order will also support the father’s rights with respect to custody and visitation.
Modification Of Child Support
In a divorce action or paternity child support matter, child support is determined based on the circumstances (financial and otherwise) of the parties at that moment in time. Life circumstances and financial needs can change as time goes on. In the state of Texas, either party can request that child support be modified by filling out a Child Support Order Modification Request form. Seeking the advice of an experienced child support attorney is highly recommended. As a lawyer who has experience with child support laws, I can help you make sure you have all the necessary documentation to support a change and guide you through your modification case.
Frequently Asked Questions About Child Support In Texas
Dealing with child support is a confusing and stressful part of raising children in two separate households. I can clarify your concerns by answering common questions from others like you.
How is child support calculated if the noncustodial parent has irregular or seasonal income?
In these situations, child support is typically calculated based on their average income over a specific period. Courts may examine the parent’s overall income, including any consistent sources, and determine an estimated average monthly income.
Such an approach helps ensure the child support amount is fair and reflects the parent’s financial capability without causing undue hardship.
What steps should I take if the noncustodial parent refuses to pay child support?
In Texas, the Office of the Attorney General (OAG) helps to enforce child support orders. If your co-parent refuses to pay, the first step is to report the nonpayment to the OAG. The office can use a variety of methods to collect unpaid child support, including:
- Wage garnishment
- Driving and professional license suspensions
- Liens on property and assets
- Interception of tax refund
- Property seizure
- Denial of a passport
Additionally, your co-parent may be held in contempt of court for nonpayment, potentially facing fines or even jail time. I can help you take the proper steps when seeking to enforce child support.
Can child support orders be modified if the custodial parent’s financial situation improves?
Yes, either parent can request child support modifications if there is a significant change in circumstances, such as a parent earning substantially more than before or receiving a sudden windfall.
The court will consider the new financial circumstances and determine if a modification is warranted. It is crucial to provide evidence of the change in financial status when requesting a modification.
How does the court enforce child support orders if the noncustodial parent moves out of state?
When this happens, the Uniform Interstate Family Support Act (UIFSA) allows for the enforcement of child support orders across state lines. This means that the Texas OAG can work with agencies in other states to locate the noncustodial parent and enforce the order.
If you have questions or concerns not addressed here, call 713-678-0658 to schedule a one-on-one consultation and get the answers you need.
Call A Child Support Attorney Today
Whether you are in the midst of a divorce or paternity action or need the court to revisit the child support obligations, I can help you take the next steps. Call my office today at 713-678-0658 or reach out through my online form to schedule an appointment. I look forward to hearing your story and answering all your questions.