Every child support case is different. Some are fairly straightforward, while others are complicated and riddled with obstacles. In either situation, disagreements regarding the financial arrangements often occur. Having a knowledgeable child support lawyer by your side is the smartest way to expedite the process while protecting the best interests of your child.
The child support attorneys of Scroggins Law Group, PLLC can formulate a plan to help you achieve a fair outcome. Our experienced legal team can calculate the amount of child support a noncustodial parent must pay each month. We also assist with modifying and enforcing child support orders.
Get the legal representation you need to protect your rights as they pertain to this sensitive issue. Our talented family law attorneys have decades of experience handling child support matters in the state of Texas. We are committed to our clients’ needs and will do everything we can to ensure you are treated fairly as we work toward a successful resolution.
Texas Child Support Guidelines
In Texas, both parents are held responsible for financially supporting their children. This is true even if one or both parents are minors, and whether the pregnancy was intended or not. If the parents of a child do not live together, the noncustodial parent is required to pay child support until the child turns 18 or graduates from high school, whichever comes later.
The state Attorney General is responsible for the establishment, enforcement, and modification of child support orders. All child support payments must go through the office of the Texas Attorney General. Failure to pay child support by the noncustodial parent can result in wage withholding, tax refund forfeiture, property liens, and license suspensions.
Child Support Calculator
The amount of child support to be paid by an employed or self-employed noncustodial parent is determined by net income and the number of children. Texas child support guidelines are reviewed every six years to account for inflation. According to the Texas Family Code, the current standards of child support based on a net income of up to $9,200 per month are:
- 20% for one child
- 25% for two children
- 30% for three children
- 35% for four children
- 40% for five or more children
Many factors can affect child support, especially since the judge has the discretion to deviate from guidelines if it’s deemed to be in the best interest of the child. Such influencing factors include:
- If the noncustodial parent has children from another relationship
- If the child has physical or mental disabilities
- Expenses for counseling, tutoring, extracurricular activities and childcare
- Amount of spousal support being paid by the other parent
Child Support Duration
Child support in Texas is typically ordered until the child emancipates by marriage, turns 18, enlists in the military, or graduates from high school. The obligation may continue after the child’s 18th birthday if they are enrolled in school on a full-time basis and are working toward their high school diploma or GED.
Exceptions may be made for children with disabilities or special needs who cannot care for or support themselves financially. Parents are also free to agree to an extension of the duration through college or some other end date. Depending on other unique circumstances, the child may be eligible for indefinite support from one or both parents.
Challenging a Texas Child Support Order
When it comes to the long-term financial support and well-being of your child, there is little room for error. Put our child support lawyers’ experience, resources and negotiation skills to work for you when challenging a child support order. Our child support attorneys can glean an accurate picture of the other parent’s assets and financial resources, and request a modification based on circumstantial changes to employment, living arrangements, custody agreements, and other crucial factors.
Deviation from Guidelines
Deviation from child support guidelines are outlined in Tex. Family Code § 154.123. The courts may adjust monthly payments based on several factors. Among them are:
- The child’s age and needs
- The ability of the parents to financially contribute to raising the child
- The parent’s access to the child
- Amount of spousal maintenance being paid or received
- Educational costs beyond secondary school
- Monetary provisions for health insurance
- Debts assumed by either parent
- Housing or other benefits supplied his or her employer or other entity
- Cash flow from investments
Overcoming Child Support Challenges
We have got you covered when looking for child support attorneys you can trust. Our vast experience and breadth of knowledge of Texas family law allows our child support lawyers to analyze your situation and guide you on a path that overcomes child support obstacles such as:
- Establishing paternity
- Establishing paternal or maternal income, assets, and expenses
- Locating an absentee parent
- Recovering unpaid funds
- Discovery of hidden assets
- Changing child support amounts and modifying payments following a change in status
- Ignored child support payment responsibilities
Enforcement of Child Support
When the parent responsible for paying child support refuses to pay or falls behind on payments for an extended period, Scroggins Law Group can help pursue enforcement by filing appropriate motions. A Texas court can enforce serious penalties on a noncompliant parent, ranging from wage garnishment and placing liens on bank accounts to driver’s license suspension and passport denial. While enforcement of child support is handled by the Office of the Texas Attorney General, this route can be painfully slow due to the heavy caseload. Our child support lawyers can help you achieve a faster resolution in getting money from delinquent payers.
- The child’s age and needs
- The ability of the parents to financially contribute to raising the child
- The parent’s access to the child
- Amount of spousal maintenance being paid or received
- Educational costs beyond secondary school
- Monetary provisions for health insurance
- Debts assumed by either parent
- Housing or other benefits supplied by their employer or another entity
- Cash flow from investments
Retroactive Child Support
Sec. 154.009 of the Texas Family Code states that the court may order a parent to pay retroactive child support if the parent:
- has not previously been ordered to pay support for the child; and
- was not a party to a suit where child support was ordered.
Even if a prior child support order was in place, a parent may be compelled to pay retroactive support under the following circumstances:
- the previous child support order ended due to the marriage or remarriage of the child’s parents;
- the child’s parents separated after the marriage or remarriage; and
- a new child support order is sought after separation.
Retroactive child support in Texas is generally available for up to four years. However, the courts can extend this period if there is evidence that the obligor attempted to avoid paying child support even though they knew they were the biological parent.
Work with a Board-Certified, Texas Family Law Specialist on Your Child Support Matter
Scroggins Law Group leverages over 100 years of combined family law experience and a long history of resolving complex child support matters. Mark L. Scroggins is board-certified in family law by the Texas Board of Legal Specialization — a designation achieved by fewer than 1.5% of all lawyers in Texas state. Our approach to your problems is both compassionate and aggressive. We do what needs to be done for the benefit of our clients, always keeping their best interests – and those of their child – at the forefront.
Child Support Attorneys Trusted by Texas Residents
Contact Scroggins Law Group, PLLC to arrange a legal consultation with dedicated child support attorneys. During the initial consultation, a lawyer can answer all your questions, explain how to get the process started, and what it will take to help you achieve your goals.
We are here to help you with your child support needs. Scroggins Law Group, PLLC routinely assists clients throughout North Texas with offices in Dallas, Plano, and Frisco.