- State income taxes
- Social Security taxes
- Federal income taxes
- Union dues (if applicable)
- Health insurance expenses for the child
The court then allocates a percentage of your net monthly income to child support.
The percentage you can expect to pay for child support is:
- 20% for one child
- 25% for two children
- 30% for three children
- 35% for four children
- 40% for five children
- 40%+ for more than five children
These percentages apply to individuals with a net monthly income of $9,200 or less. If the noncustodial parent's net monthly income exceeds that amount, the court can request a higher allocation towards child support. This ensures payments scale appropriately with the payer's earnings, better supporting the child's financial needs.
Additional Factors Considered by the Court in a Child Support Case
When courts handle child support cases, their main objective is to ensure that the child maintains the same quality of life post-divorce they enjoyed while their parents were married.
To that end, courts actually have a significant amount of flexibility when determining child support obligations. They use the formula as a baseline, but it's not set in stone.
Courts consider the following factors during child support cases:
- The age and needs of the child. Some children (like those with learning differences) may need more support for extra resources such as tutors.
- Whether the child will need support after secondary school. Most child support arrangements only last until the child becomes a legal adult and reaches majority (typically at the age of 18). However, parents may be requested to provide child support past that age for various reasons (if the child cannot care for themselves, for example).
- Other expenses the noncustodial parent will have to pay for the child (health insurance, educational costs, etc.).
- Whether the noncustodial parent is already engaged in any child support arrangements. If they are, they may be obligated to pay less child support.
- The parents' custody arrangement. If the parents essentially split time with their child 50/50, the noncustodial parent will have a smaller child support obligation than if they only care for their child 20% of the time.
- The present and future financial stability of both parties. If the court determines one parent has the potential to earn more money than they currently do, it may factor that into the child support arrangement and create provisions for increased payments if that parent finds more gainful employment.
- Whether either parent receives any significant benefits like a house, car, healthcare plan, etc. from their employer (if the parent doesn't have to worry about these costs, they may have a higher child support obligation).
- The liabilities (such as debts) each party is responsible for.
- Anything else the court deems relevant to the case.
As you can see, the court has a fair amount of leeway to adjust child support arrangements as it sees fit. Every child support case is unique, which is why it's so important to have a lawyer by your side who will fight for your parental rights and help you pursue a genuinely equitable support arrangement.
Is Child Support Always Ordered in a Texas Divorce?
Divorce proceedings can be one of the most difficult times in a person's life. Along with the emotional turmoil, the legal aspects of divorce can be just as overwhelming. For couples with children, one key issue that arises is child support.
In Texas, child support is not automatically ordered in a divorce. However, it is often granted in cases where one parent has primary custody of the child and the other parent has the ability to pay support.
If you are going through a divorce and have concerns about child support, it is important to seek legal guidance from an experienced child support attorney in Texas to ensure that your rights are protected.
How Long Does Child Support Last in Texas?
In the state of Texas, child support payments are typically paid until the child reaches the age of 18 or graduates from high school, whichever occurs later. However, there are certain circumstances in which payments may continue beyond this point, such as if the child has a disability.
It's important for parents to understand their obligations and responsibilities when it comes to child support, as failure to comply with court-ordered payments can result in penalties and legal consequences.
Seeking guidance from an experienced child support lawyer in Austin can help parents navigate the complex process of determining and enforcing child support payments.
Can I Modify My Child Support Order?
If either parent experiences a "substantial change in circumstances" (often a notable increase or decrease in net monthly income), they can file a modification case with the court. A modification allows you to adjust your current child support order to reflect your present circumstances more accurately.
Can I Enforce My Child Support Order?
When it comes to child support orders in Texas, the answer is unequivocally yes.
Child support orders in Texas are enforceable, and the state has a variety of tools at its disposal to hold parents who fail to comply with these orders accountable. For instance, a parent who fails to pay child support may have their wages garnished or have a lien placed on their property. Additionally, the state may suspend a parent's driver's license or professional license until they are compliant with their child support order.
Regardless of the method used, the bottom line is that Texas takes the issue of child support seriously and will do everything within its power to ensure that parents meet their obligations. Ultimately, this can help ensure that children receive the support they need to thrive and succeed.
If you need help enforcing a child support order in Texas, discuss your rights and legal options with our Austin child support attorneys at Cofer & Connelly, PLLC today.
What Should I Bring to My Child Support Consultation?
When meeting with a child support attorney for the first time, it's beneficial to be prepared with all relevant documents. This typically includes recent tax returns, pay stubs, and any existing child support orders. Having these documents ready allows your attorney to assess your situation accurately and provide informed guidance tailored to your needs. A clear picture of your financial status will facilitate a more productive discussion regarding potential child support arrangements.
How Does Austin Handle Child Support Disputes?
Austin follows Texas laws when resolving child support disputes, meaning disputes are typically addressed by the Texas Attorney General's Office if they pertain directly to child support enforcement. Local courts, such as the Travis County District Courts, can also play a role in resolving disputes. The approach often emphasizes mediation and negotiation to achieve agreements outside of court whenever possible. Our firm aids clients through these negotiation processes, offering clarity and assertive representation.
Discuss Your Options with Cofer & Connelly, PLLC
At Cofer & Connelly, PLLC, our Austin child support lawyers can help you pursue a fair child support arrangement that supports your child's best interests. We understand each family situation is unique, and we're here to guide you through the complexities with compassion and precision.
To schedule a consultation with our child support attorneys in Austin or learn more about our firm, contact us online or give us a call at (512) 991-0576.
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