Houston Child Support Attorney

How is Child Support Calculated in Texas? How Much Will I Pay?

Child support figures in Texas generally follow several major guidelines unless there are exceptional circumstances that warrant changes.

The Texas child support calculation is based on the parent’s net income, calculated by deducting the following from the paying party's gross income:

• Federal income taxes for one person with one personal deduction plus the standard deduction;
• Social Security withholdings;
• The premium expenses of a child's medical insurance.

A parent may expect to receive the following percentage of the other parent's net income in child support:

• 20% for one child
• 25% for two children
• 30% for three children
• 35% for four children
• 40% for five children
• Not under 40% for six or more children

This amount may then be adjusted depending on the exact circumstances of both parents' finances.

How Long Does Child Support Last in Texas?

Very broadly speaking, child support typically lasts until the child is 18 years old or until they graduate high school, whichever occurs later. However, there is an exception for children who have disabilities.

When a disability exists, child support will be ordered for an extended period if the child cannot live alone or support themselves. Because there are multiple elements to these kinds of child support cases, it is wise to speak with a child support attorney about your situation to assess your legal rights in requesting or being ordered to pay child support.

Exceptional Circumstances Affecting Duration: Child support in Texas may also extend past the age of 18 if the child is still in high school or if a court finds it necessary due to specific special circumstances, such as ongoing medical treatment or substantial educational needs. Courts evaluate these situations on a case-by-case basis, and their decisions hinge on convincing legal and financial arguments. Engaging with knowledgeable child support lawyers aids in navigating these complex cases.

Is Child Support Retroactive in Texas?

Yes, child support can be retroactive in Texas. There are certain circumstances where the Houston court can order back support. Texas Family Code Section 154.009, Retroactive Child Support, states that a court can order retroactive child support if a) the parent has not previously been ordered to pay child support and b) the parent was not a party to a lawsuit that resulted in a child support order.

Keep in mind that retroactive child support is not a guarantee. Ultimately, it is always up to the Houston judge to decide if child support should be ordered – retroactive or otherwise.

What If I Can't Afford Child Support?

Child support is calculated based on your net income and the number of children you are supporting, which is mandatory in Texas. If your financial circumstances have changed, however, then you may be able to petition the Houston court for modification of child support.

In order to modify your child support order, you will need to provide strong evidence of a "significant change in circumstance," such as long-term unemployment or a significant drop in your net income. A Houston child support lawyer can review the details of your situation to help determine if you qualify.

At Diggs & Sadler, we'll work with you to obtain a child support arrangement that enables your child to thrive. Contact our law firm online or via phone at (713) 766-5355 to speak with our Houston child support lawyers.

Facing an inability to afford child support payments can be stressful. However, it’s important to understand that the Texas legal system provides avenues to address these issues. If economic conditions have significantly altered, Texans can file for a modification based on changes such as job loss or medical emergencies. Proactive communication with the court and the involved parties can lead to a modified agreement that reflects current financial realities, ensuring obligations are fair and sustainable.

Frequently Asked Questions About Child Support in Houston

What Are Common Challenges in Enforcing Child Support Orders?

Enforcing child support orders can present significant challenges, especially if the non-custodial parent resides out of state or continually defaults on payments. In cases like these, cooperation between states is crucial to uphold the child support orders. The Uniform Interstate Family Support Act (UIFSA) assists in managing these cross-jurisdictional situations, ensuring that orders are recognized and enforced throughout the United States. A Houston child support attorney can guide you through the complexities involved in seeking enforcement, including wage garnishment or liens against assets, to secure the necessary financial support for your child.

Can I Appeal a Child Support Decision?

If you disagree with a child support decision made in Houston, Texas, you can appeal the ruling. Appeals must generally be filed within 30 days of the decision, so it is crucial not to delay. It’s vital to consult with a qualified child support attorney who can review your case and advise on the feasibility of an appeal. The appellate process involves submitting a detailed record of the original hearing and written briefs articulating why the decision should be reversed or adjusted. This process can be intricate and requires a thorough understanding of family law, so professional guidance is crucial.

How Does Relocation Affect Child Support?

Relocation can significantly impact child support arrangements, particularly when one parent moves far enough to affect visitation agreements. Texas courts consider the best interests of the child when addressing any modifications related to relocation. Factors such as the reason for the move, its effect on the child's relationship with the non-relocating parent, and the potential impact on the child's education and social life are all examined. Whether seeking to modify a support order or contesting a relocation, legal advice is essential to navigate the judicial considerations effectively while prioritizing the child's well-being.

What Happens if the Paying Parent Becomes Unemployed?

If the parent responsible for paying child support becomes unemployed, they are still obligated to continue payments until a modification is granted. The unemployed parent may petition the court to modify the order based on their changed financial status. Texas law requires proof of a significant and ongoing change in circumstances to grant any adjustment. It’s advisable to continue making some form of payment if possible to demonstrate compliance with court expectations while awaiting resolution. Both parties may benefit from legal counsel to ensure modifications accurately reflect new financial circumstances while safeguarding the child’s welfare.

Are There Any Tax Implications for Child Support in Houston?

Child support payments themselves are not tax-deductible for the paying parent, nor are they considered taxable income for the receiving parent. However, while child support does not impact tax filings directly, it can influence financial circumstances in other areas. For instance, receiving continual support could ensure eligibility for certain benefits that consider overall household income. It's crucial to note that Texas law approaches each financial and familial situation uniquely, necessitating personalized attention to any tax-related implications. Consulting with a financial advisor or tax professional familiar with state laws can offer valuable guidance tailored to individual circumstances.