Ensuring that your child’s needs are met and each parent is fulfilling his or her responsibility.
Ensuring that your child’s needs are met and each parent is fulfilling his or her responsibility.
Child support is a legal obligation for parents that guarantees that their children receive financial support both during and after a divorce or separation. This includes food, housing, clothing, health care, educational needs and other necessities required to bring up a healthy and successful child.
The paying parent is usually the one without primary custody of the child, and the amount of child support that must be paid can vary greatly depending on several factors, including each parent’s income and other expenses such as medical costs and childcare fees.
At Toombs Imel & Associates, our child support lawyers will help you understand your options.
Child support is determined differently in Texas!
To eliminate subjectivity, Texas created guidelines based on a percentage of net resources (typically wages and income) to calculate child support.
The noncustodial parent’s net monthly income/resources is multiplied by a *percentage that is determined by the number of children they have.
* (1) 20%, (2) 25%, (3) 30%, (4) 35%, (5+) 40%
However, Texas is also unique in that the model is capped for an obligor (the paying parent) netting $9,200.00 or more per month.
Am I stuck with guideline child support?
Not necessarily. When it comes down to the judge’s decision, the needs of the child(ren) take priority. If you can prove that the needs of the children exceed the amount established by the guidelines, you may be able to get above-guideline child support.
For those looking to reduce his or her obligation, you must show that the amount of support is unjust or inappropriate under the present circumstances.
Other factors can be considered in determining the amount of child support, such as the child’s age and gender, academic, physical, and medical needs, the parent’s ability to financially support the child, any other financial resources available to the child,
the amount of time spent with the child, other child care expenses incurred in order to maintain employment, or physical custody of other children outside of the marriage.
What happens if my spouse fails to pay?
If a parent fails to make his or court-ordered payments, he or she may face wage garnishment, liens on property, contempt of court charges, up to 6 months in jail, and even the suspension or revocation of his or her driver’s license.
The judge can even enforce a child support order against your ex even if he or she lives in another state.
Thus, if you are not receiving the child support that you are ordered to receive, please contact Toombs Imel & Associates, so our family law attorneys can help you enforce your rights and those of your children. In doing so, you are ensuring prompt action and the best protection of your and your children’s interests.