Austin Child Support Attorney

Whether establishing child support for the first time, modifying a previous order, or attempting to enforce an order of child support – this issue can turn even the simplest cases into a bitter point of dispute between parents.   Not only which parent will pay, but how much will the paying parent be required to pay.  It can turn seemingly cooperative parents into believing this case is “all about the money” or that the money is not being spent properly on the support of the children.  These are very real issues that require experienced legal representation or this issue can quickly spiral out of control.

Our child support attorneys at Evans Family Law know how important the issue of financial security for your children is.  Overall, however, it’s important to get it right.  We offer representation for child support in the following areas:

  • Establishment of child support
  • Calculation of Child Support
  • Attorney General Hearings
  • When applicable, securing child support above the Texas “guidelines”
  • When applicable, securing child support below the Texas “guidelines”
  • Modification of a prior Child Support Orders
  • Temporary Child Support
  • Establishing wage withholding orders
  • Enforcement of Child Support
  • Suspending professional licenses as enforcement of child support
  • Obtaining judgments for retroactive child support
  • Calculating “arrearages” or amounts due on ordered child support

If child support is an issue in your case, know that our child support attorneys will discuss this issue with you in detail.  It’s very important that you understand the mechanics of how the courts determine child support and what the Texas Family Code provides with regard to calculating child.  Know our attorneys will assist you in understanding how your particular situation will affect your own personal financial situation.

The courts start with what is known as the “Texas Guidelines” for child support, which essentially utilizes set percentages of what is known as the paying spouse’s (or the “obligor”)  “net resources” which has a presumed cap of $7,500.  Determining what “net resources” is, can be complex and depends entirely upon the circumstances.  Net resources can differ depending upon whether a paying parent is paid hourly, receives a salary, has “fringe benefits” as part of a compensation package, is paid quarterly bonuses, works on commission, is self employed or has multiple jobs.

This chart below is simply a guide for cases where the paying parent has net resources which are $7,500 or less.

1 child = 20 percent of net monthly resources
2 children = 25 percent of net monthly resources
3 children = 30 percent of net monthly resources
4 children = 35 percent of net monthly resources
5 children = 40 percent of net monthly resources
6 children = not less than 40 percent of net monthly resources

The percentages above will automatically be adjusted if the parent obligated to pay child support has other minor children that he or she has a legal obligation to support.  It is important to keep in mind that these figures are just guidelines.  The amount of support to be ordered or agreed upon in your case depend greatly upon a number of factors, for which our child support attorneys are very experienced.

It is a common misconception that the obligor will be ordered to pay only the amount as determined by the guideline percentage and “not a penny more.”  Men, in particular, have trouble with this one.  The obligor parent is frequently ordered to also provide health insurance for the children, however the guideline formula takes this into account and adjusts the amount of support accordingly.  It is not “dollar for dollar”.

In the event the obligor’s net resources exceed $7,500 per month or a parent can successfully convince the court that a child has proven needs beyond that which is determined according to the guideline formula, additional child support may be ordered.  The following are common examples, that may, be considered by the court in ordering child support above the guideline amount:

*           Child care, day care, or after school care programs

*           Tuition for private school

*           Extracurricular activities

*           Uniforms, registration fees

*           Tutoring or private lessons

*           Special medical or unique needs of the child

On the other hand, the amount of child support can be decreased (or increased) based on  some of the following factors, as provided by the Texas Family Code:  the needs of the children, the ability of the party to pay child support, and the debts the paying parent is assuming.  In addition, increased expenses or costs due to a parent having to travel long distances in order to exercise visitation, such as gasoline, airfare, hotel expense are factors that may support a variance from the child support guidelines.  The courts may also consider whether or not the obligor is provide support for their child through college – such as health insurance, tuition, living expenses and the like.

Child support is typically ordered until emancipates, marries, enlists in the military, turns 18, or graduates from high.  However, child support children with special needs which requires substantial care and personal supervision because of a mental or physical disability and is not or will not be capable of self-support, can be ordered indefinitely.  The child support attorneys at the Evans Family Law Group are very sensitive to the issue of children with special needs.