Child Support

Knowing What’s In Your Child’s Best Interests
Your child’s best interests will always be a key point in your divorce and child custody cases. As you are well aware, your child feels the impact of the divorce even more than you do. It’s really a sad reality that you have to accept and deal with properly. You and your spouse can have some control over the circumstances that affect your divorce, but your child is completely helpless. It is quite common for children to feel confused and misplaced when their parents are undergoing a divorce. As a parent, you obviously would want to protect your children. The divorce probably happened because you want to protect your children from your spouse’s wrongdoings or abusive behavior. Knowing what’s in your child’s best interests would definitely help in ensuring that they can have a normal life during and after the divorce. The conflicts and the many issues that you will have to deal with throughout the duration of your divorce could take its toll on you. You might lose sight of the fact that your children are your priority. You could be blinded by things that you will fail to recognize what’s in your child’s best interests. How can you play your divorce according to your child’s best interests? 1. Avoid the Courthouse It might come as a surprise to many that a lot of divorce cases don’t get into the courtroom. Contrary to what movies and television depict, most divorces actually end in settlement, hence, there’s no need to pay a visit to the judge. The only problem with this option is that you might find it difficult to deal with your spouse when you are still at the peak of your anger. If your spouse has terribly wronged you, it can be quite uncomfortable to work together to […]

Focusing on Your Child’s Best Interests   Recently updated !

child support
Managing your expenses can be a little complicated sometimes. There are bills that need to be paid. If you are divorced and don’t have custody over your child, there’s also the matter of paying for child support. Managing all those expenses will take a lot of responsibility and careful planning. But what happens if you end up not paying for child support? What happens then? Wage Garnishment Just like your bills, child support is one of those things that must be paid. If you end up being behind on your child support payments, then at some point, your wages will end up getting garnished. Getting your wages garnished means a portion of your salary will be deducted in order to pay for your debt. In this case, the debt will be your unpaid child support. The garnishment of your wages begins when the court sends an order to your employer. The latter will be informed that your wage needs to be deducted to pay for your unpaid child support. When the court orders for your wage garnishment begins depends on the state agency handling child support. Can I Contest This? Don’t worry if there is a mix-up with your payments. You can contest your wage garnishment. If you can’t afford to pay, you can appeal to the court by sending a complete list of your expenses per month. When the court sees that your expenses are reasonable, then they can make adjustments. If you also made payments that were made but weren’t accounted for, you can also present documentation to the court to help clear things out. Of course, the basis must be reasonable. If you can’t pay because you made a huge, unnecessary expense, then the court has every right to uphold that garnishment. Managing your expenses can be […]

What Happens When You Don’t Pay Child Support   Recently updated !

child support
What is Child Support? Child Support is the financial obligation of a non-custodial parent towards his or her child. Every child is entitled to support for his or her housing, food, clothing, and educational needs. Parents have a joint responsibility responsibility toward their children even without court order. A judge will set an amount for Child Support after the conclusion of a divorce case, custody case, paternity case, family violence protective order case, or modification case. The amount is received by the parent or legal guardian who has primary custody of the child.  How is Child Support calculated? It depends. In Texas, usually, one child is entitled to 20% of the non-custodial parent’s average monthly net resources and not less than 40% for 6 or more children. It depends on the number of children you are supporting and other circumstances. A lawyer can help estimate how much money the court will most likely set for Child Support. If the non-custodial parent is paying for the child/ren’s Medical and/or Dental Insurance or Support, this will be taken into consideration and credited to the amount required for Support. Simply put, if you shoulder Medical and/or Dental Insurance or Support, it will be deducted and you will pay a lesser amount for Child Support. That’s because Medical and Dental Support form part of Child Support. What is Medical Support? Medical Support covers the cost of health insurance and other uninsured medical expenses for the child. The amount of which depends on the circumstances of the child. The non-custodial parent can provide for Medical Support in the form of a health insurance coverage or cash. Texas only requires parents to pay the reasonable cost of health insurance coverage for the child. By “reasonable cost”, the State means that the amount need not exceed 9%of the […]

Introduction to Child Support in Texas

unemployed parent
Being a parent entails supporting children in every aspect of their lives— including financial support. Your kids can’t earn for themselves yet. They are totally dependent on their parents. A change in one’s financial situation can affect a parent’s ability to support the child or make child custody payments. Unemployment can raise questions about financial capacity and this may cause changes in the support order of your custody agreement.  Remember, it’s not easy to save money. Don’t beat yourself up if you don’t have savings left for the rainy days. People change and lose jobs. It’s normal. We get to experience reduced income or loss of income for various reasons. Circumstances like these often call for cutting back on the expenditures because not doing so can have an impact on one’s capacity to pay for the basic responsibilities which include child support that is specified in the Texas child custody agreement.  At a Disadvantage A parent who does not have a job has a small chance in winning a custody case. Again, your child has needs. Money is really an issue in childcare. However, custody is not solely determined on the person’s career or the lack thereof. The court does not decide custody cases on financial capacity alone. Custody is not always awarded to the richer parent. You don’t have to be richer. You just have to have enough to take care of the child. Custody cases are decided by evaluating factors that help determine what is in the best interest of the child. Children are usually in the residential custody of the primary parent.  Modifying Child Support The amount of child support will be based on the current income of the noncustodial parent. Applying for modification of the support order is possible when there are changes to the income. […]

Will You Lose Custody When You Lose Your Job?

pursuing career
After divorce, you may feel much pain. However, for many divorcees who were victims of an abusive relationship, there may be a sense of freedom.  For those ex-spouses who were prohibited by their exes to work, they may rush to make up for the lost time, and try to pursue their dream career. However, there is still the issue of child support. This will remain a reality for both parents since the court will oblige them to look after their child. Child Support in Texas When the two parents separate, the court will determine which ex-spouse will have primary possession of the child. This is an important decision, and many factors will come into play, not necessarily the gender.  More often than not, the parent with the primary possession would be awarded the family home and most property. This is the court’s way of protecting the children and ensuring their welfare amid the uncertainty of divorce. The parent who does not have primary possession will still be obliged with providing child support. This is called the “obligor” in Texas law. The parent with primary possession (called the “oblige”) receives the child support to spend on the expenses of their child.  In Texas law, child support is mandated by the court to one or both parents. This means that even the obligee could be required to provide for the child. Child support is required until the child turns 18 or finishes high school, whichever is later. However, in cases when the child is mentally or physically disabled, then child support can be required for an indefinite period of time. Child Support Amount When determining the amount required for child support, Texas courts refer to guidelines. They would have an amount which they consider the bare minimum to support a child, and […]

Child Support or Pursuing Your Dream Career?

child support statutory guidelines
  Child support is a sensitive matter that is usually based on statutory guidelines. Unfortunately, in some cases, these statutory guidelines may not be applicable. These guidelines are from the Texas Family Code, which states the level of child support that courts should base on when giving child support orders. The guidelines start at 20% of the parent’s net monthly income for one child, and it can go up to 40% to support five or more children. This is the percentage of income deemed appropriate for child support in the state of Texas. This statutory guideline is based on the belief that even if the parents are not living together under one roof, each one should bear the expenses of raising their children. However, since each family situation is unique, there might be cases wherein the statutory guidelines for child support may not be applicable. If you are receiving child support and your child’s situation requires financial support more than the amount specified in the Texas Family Code, there are a lot of things you have to know.   Factors To Grant Child Support More Than the Statutory Guidelines   There are several factors that can affect the court’s decision regarding the amount of child support a parent should give or receive. 1.       The ability of each parent to contribute child support   If there is a huge gap between your income and your spouse’s income, with your spouse’s income being greater, and yet you are the primary conservator of the child, the court will likely decide to ask your co-parent to pay support higher than the statutory guidelines. 2.       The age and various needs of the child   In raising children, the expenses could vary, depending on the age they’re in. The court can also take into account the […]

When Child Support Does Not Follow the Statutory Guidelines

sperm donor
Being a sperm donor can be a pretty rewarding thing. As a sperm donor, you can help a couple that is unable to have a child on their own. You can help give them something they want but can’t have, and that’s a pretty noble thing to do. But what happens if things get complicated and suddenly, you’re being asked to pay for child support? The US Law on Sperm Donors As a general law, the United States protects sperm donors from paying child support. If you donate your sperm for artificial insemination, chances are you won’t have to worry about paying child support. In some states, it is a requirement that this insemination is done with the help of a medical professional. If the insemination wasn’t done through a medical professional, you may have to pay for child support. In other states, a medical professional does not need to be present for the insemination to take place. There should be an agreement stating that you will not have to pay for child support before the insemination. If the child was conceived through intercourse, some states may still require you to pay child support if needed. This is because you will be treated as the child’s biological father. It would be best to check what laws your state follows regarding these matters. Texas Law on Sperm Donors In the state of Texas, sperm donors are not required to have a medical professional present when donating sperm. Donors who would also like to be anonymous and choose not to get involved with the life of the child are not required to pay for child support. They will only have to pay for child support should they claim paternity over the child or if they happen to still be present and involved […]

Is a Sperm Donor Father Required to Pay Child Support?

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The guidelines for child support changes in Texas can be found in the Texas Family Code. There are rules that are strictly imposed when it comes to making child support changes in Texas. There are many factors that can lead to changes in the child support amount. These factors can include a significant increase or in a decrease in income. Child support changes in Texas must be done officially, with the judge’s approval. No matter how much you want to settle the matter outside of the court, it is still ideal to make the changes official for your financial security. If you make the changes outside of the court, sealing it with a handshake between you and your ex-spouse, the other party could go back on their word anytime, and you could suffer financially. True, it would be possible for that arrangement to work for a certain period of time, but you wouldn’t have the legal security for the future. Imagine when your spouse would suddenly have financial issues in the future or when some medical bills or major extracurricular expense would come up. It would be an extremely difficult time if your ex-spouse would suddenly decide not to honor your agreement. If you are the one making the child support payments, the payments you made outside of the court order would not be in the payment logs. If your spouse has excused some instances when you were not able to pay, there won’t be any record of that and you could end up in court for contempt. Rules in Decreasing or Increasing Child Support As previously mentioned briefly, the Texas Family Code contains all the guidelines when it comes to child support modification and other issues surrounding child support. There are rules that you need to follow if you […]

Must-Know Facts about Modifying Child Support in Texas