The amount your Texas child support attorney charges can vary based on the complexity of your case, the required work hours, and the type of case. A simple negotiation focused on a few minor disagreements tends to cost less than a contested matter that requires litigation and lengthy discussions. Our team at the Walke-Wilson Firm can provide an estimate during our initial consultation.
What the Child Support Process Can and Cannot Include in Texas?
Child support deliberations can be a confusing and disorienting process for many Texan parents. What is included and what is not can seem arbitrary. The team at the Walke-Wilson Firm is here to explain the child support process in Texas.
About Us
Our team at the Walke-Wilson Firm is dedicated to helping parents in Conroe, The Woodlands, and across Montgomery and Harris counties with their child support cases. We have years of experience primarily focused on high-value, complex matters that may require lengthy litigation. Primary attorney and owner Maliah I. Wilson is a prominent figure in the legal community and is an active member of the Texas Bar Association Family Law Section and the Texas Bar College.
Overview of Texas Child Support
Child support is a common legal proceeding in Texas. In the fiscal year of 2023, there were 46,472 new cases and 35,968 post-judgement adjustments across the state. These combined accounted for 29% of all family law matters.
Child support primarily concerns the obligor, or the paying parent, and the obligee, the receiving parent. In many instances, the obligee is the guardian with primary custody. Child support matters in Texas are overseen by the Office of the Attorney General (OAG).
Once ordered, support is typically paid until the child turns eighteen, graduates from high school, or enlists in the United States Armed Forces. If the child is diagnosed with a lasting disability, payments may be required indefinitely moving forward.
What the Child Support Process Often Includes in Texas
The child support process in Texas often includes several key aspects. These include:
- Establishing paternity. Legal parenthood is often required to be established before support can be ordered, especially if paternity is unclear. The OAG can overlook the process to maintain neutrality.
- Calculating support. Texas uses a set percentage guideline for support payments based on the obligor’s income and the number of shared children. For example, a parent with one child may be required to provide 20% of their net resources to the obligee. If they earn less than $ 1,000 per month, this is reduced by 5%.
- Enforcing support orders. The child support process may involve punitive measures if the obligor is failing to make payments. This can result in the court withholding the obligor’s income or imposing a contempt of court charge, with up to six months in county jail.
- Modifications to existing agreements. Financial realities for parents often change after initial agreements are made. Post-judgement decisions comprise 63% of support cases in Texas. Modifications can be made that reduce, increase, or terminate payment amounts depending on the situation.
What Is Commonly Excluded from Child Support Deliberations in Texas?
There are many misconceptions about the child support process. A few elements excluded from proceedings in Texas include:
- Exact accounts of spending. Parents are not required to provide exact dollar amounts for how support payments are spent. If there are clear signs of egregious use, it may be relevant. However, these instances are rare, as support can cover most essential costs.
- Permanently waiving child support.
- All obligor income is considered. Not all benefits and income are included in the consideration when establishing an obligor’s net resources. Benefits such as foster care payments, public assistance programs, and severance pay are excluded from the process.
- Removal of custody rights as punishment. If a parent is failing to meet payments, their custody rights, such as possession and access, cannot be modified as punishment.
- Inclusion of all expenses. Child support payments cannot be required to cover nonessential costs of raising a child. Private school tuition, college funds, or luxury goods for children must be specifically ordered by the OAG or agreed upon by both parents.
FAQs
How Much Does Child Support Typically Cost in Texas?
How much your Texas child support costs is typically a set percentage of your net income, and the number of children you and your co-parent share. If you are the obligor and you have two children, you may have to pay 25% of your net earnings. Parents who earn less than $1,000 a month qualify as low-income and pay 5% less across the board.
What Can Child Support Be Used for in Texas?
In Texas, child support can be used for expenses that do not relate to the direct or indirect care of your child. This includes food and clothing, rent or mortgage payments, the child’s education, medical expenses, extracurricular activities, and transportation costs. Items prohibited include any luxury good or fees that solely pertain to a parent’s lifestyle.
When Does Child Support End in Texas?
The end point of your child support payments in Texas is determined by various factors, particular to your case. Financial aid tends to last until a child turns eighteen, graduates from high school, or there is a significant change in custody and time spent with your child. Less common potential reasons for support termination are if a child emancipates themselves, dies, or enlists in the military. Support may last indefinitely if your child has special needs.
Hire a Child Support Lawyer Today
Child support cases can be difficult to go through on your own. Hire a child support lawyer to assist you through this confusing process. Our team at the Walke-Wilson Firm is prepared to fight for your interests at every stage and can represent your needs both in and out of the courtroom.
Contact us today for an initial consultation, where we can learn about your specific concerns and explore potential legal pathways in your case. You may also visit our Woodlands office, located on Sawdust Road in The Village of Grogan’s Mill, west of I-45 and east of Spring Creek.
get in touch
Office Location
2219 Sawdust Road, Suite 401 The Woodlands, Texas 77380
Contact
Phone Number 281-942-4052
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