It is usually the non-custodial parent who pays child support in Texas. However, that does not mean that the custodial parent is off the hook when it comes to spending money on the child’s upbringing.
The law assumes that the parent with the child’s physical custody will automatically contribute to child support by spending money on the daily expenses involved in raising the child. To understand your rights with regard to child support in Texas, you should consult with an experienced Austin child support attorney near you.
How is Child Support Calculated?
Child support payment amounts are determined as a percentage of the total income of the non-custodial parent. Under Texas family laws, specific child support guidelines have been provided to calculate the child support payments in each case. Based on these guidelines, child support payments are fairly standardized.
The paying co-parent has a choice to pay more than the minimum child support amount calculated as per the guidelines. But paying less than the guideline amount is not allowed under the law, even if both parents are agreeable to it. In addition, the child support amount based on the guidelines might be unfair to the child or the parent in certain circumstances.
Depending on the case, the Texas family court will review various factors and may increase or decrease child support payments. For this reason, it is vital for you to have an established Austin child support attorney by your side.
Child Support Duration
According to the law in Texas, the court order related to either or both parents paying for child support may remain in force either until the child graduates from high school or turns 18 years of age (whichever happens later). If the child has a permanent physical or mental disability, the court may order the child support payments to continue indefinitely.
Challenging a Child Support Order
The court will order child support payments on the presumption that the amount indicated by the legal guidelines is appropriate. However, if the amount determined through these calculations is unfair or against the best interests of the child, you have a right to petition the court for adjusting the payments.
Through your Austin child support lawyer, you can request the court to review all relevant factors to adjust the child support payments either down or up. These factors may include the child’s age and needs, the ability of the parents to support those needs, and the net financial resources of the paying and receiving parents.
Collecting Child Support
Making sure that the correct child support is established is only half the battle won. It is equally important to have a consistent system to collect monthly payments. The non-custodial parent has the legal obligation to pay the full child support amount every month as per the court order.
Unless the order specifies the mode of payment, the paying parent can make child support payments by way of cash, check, direct deposit, bank transfer, or some digital payment systems.
Choose an Austin Child Support Attorney who Prioritizes Your Case
The best lawyer is often one who is not only competent and resourceful but also committed to giving top priority to your case. Established in 1984, the Law Office of Eric Willie P.C. will fight for you and deal with you as if you are a part of the family. Call 512-478-0834 to request a consultation or contact us online.