Child Support

child support
Raising a child is a rather hard task on its own. You can only imagine how much harder it gets if you have to do it on your own. That’s why you’ll need all the help you can get, including child support. There’s just so much you’ll have to spend to raise your child, after all. But if child support just doesn’t come, what are you going to do? If you happen to find yourself in this situation, consider the following steps to help you through this predicament. Find Out Why It Stopped Coming The first most rational thing you can do when you realize that child support isn’t coming is to ask your ex why. Before jumping to conclusions or panicking, you could first approach your ex and ask why you didn’t get any child support this time. There must be a reason why. If they’re also going through a rough patch financially, you could probably work something out with them. But if it just so happens that your ex just decided not to send altogether, or maybe your ex is rather unreasonable and just a difficult person to deal with, you can then opt to seek further action. Discuss Your Situation with a Lawyer If your ex is just being plainly unreasonable, seeking the help of a lawyer can help you with your situation. The best way to help deal with an unreasonable ex-spouse would be to get a lawyer to help with your case as they can help you find a course of action to take. The lawyer will tell you what you need to do and what you need to prepare so that you can bring this issue to the court. That way the court can then help you get the child support that you need […]

What to Do When Your Ex-Spouse Can No Longer Pay Child Support

child support stress
Child support is a responsibility of any parent. You could be having many different financial obligations so it’s quite natural to worry about how much child support will cost you. There will surely be many questions that will keep crossing your mind. These questions, you can always ask your lawyer for guidance, or you can check out our many articles on child support for more information too. The most common question family law attorneys get regarding child support is basically how much it would cost. Some people usually wonder if they will have to pay child support from the income they garner from overtime, and some also ask if it’s possible for them to reduce their overall income to avoid paying a higher amount of support. Calculating the Child Support Amount When we are looking for the answer to the above questions, we can always refer to the Texas Family Code. The Texas Family Code states that the annual gross income must be computed then recomputed to determine the gross income per month. The net income will need to be determined before the child support amount will be determined. Everything from wage or salary will be included in the computation including overtime page, tips, commissions, bonuses, royalty, retirement benefits, pensions, trust, severance pay, rental income, dividends and social security benefits will be included in the computation initially. This means that in computation, you will need to start by adding up all the income you’ve received for the entire year. You will then have to determine the net income, which means that you have to deduct the federal income taxes, state income tax, security taxes, medical insurance premiums and most of your regular deductions before the child support amount will be calculated. So basically, the answer to the most common child […]

Child Support: Overtime, Bonuses, and Guideline Calculations

18 years old child support
The first major concern after divorce are the children. There are a lot of things to dispute. For the state of Texas, the welfare of the children should be the utmost priority. Therefore, custody and child support arrangements are settled right away. Child Support Basics In most divorces, the child will stay with a custodial parent, and the other parent would provide child support. The family court determines the amount of child support. There would be no changes in the amount and duration of the child support without securing permission from the court. Avoid missed payments that can eventually accrue.  The law also dictates that child support payments will continue until the child emancipates. The usual definition of emancipation is when the child turns eighteen years old. However, there are instances when the court would consider terminating the child support payments if the child has taken on a full-time job. Also, if he joins the military or similar institutions.  Other situations are when the child gets married, or when the child moves out of the custodial parent’s residence and moves in with the other parent. That will make the parent paying child support the de facto custodial parent.  After the Child Turns Eighteen Barring the aforementioned circumstances, child support will continue until the child reaches the age of eighteen. However, there are also situations when child support will continue. If the child has yet to finish high school even after he is past eighteen years old, then child support continues until graduation. There are rare instances when the court allows certain college payments for the child, even after the age of eighteen, but it is not the usual practice. Child support continues beyond the age of emancipation if the child is proven to be unable to support himself. If the […]

Child Support after Eighteen

updating co parent agreement
Even after the divorce has been finalized, life goes on for both ex-spouses. As they move on, the only thing certain is change. Some of these changes may have direct effects, specifically on the children. Custody is a sensitive matter, and the court will always reiterate that any arrangement is focused on the protection of the children. Thus, if any changes in the lives of the co-parents will compromise the welfare of the children, then they will intervene. If you feel that the co-parenting agreement needs to be modified because of new phases in you or your co-parent’s lives, then Texas law has methods to update them. Modifications on the Co-parenting Agreement If you and your co-parent agree to the changes, you can get together and work out the new parenting plan and custody schedule. Once both parties have signed, you can submit it to court and they would usually accept the conditions if it complies with all legal prerequisites.  There are times when there are some points of disagreement in the proposed co-parenting modification. If you could not work it out with your ex-spouse, then you can ask help from a family counselor or a custody mediator.  You and your co-parent can change the terms, schedules, and conditions of the agreement as deemed fit to the changes in your lives. These changes should be stated in writing and signed by both parties, with both parties retaining a copy. If the changes require a court order, then they should submit the proposed agreement as a court document.  Disputes in Modification There would be complications if only one side wants to have modification while the other side is happy with the status quo. This means you have to go to court to have these changes enforced.  You need to file a […]

Updating Your Co-Parenting Agreement

imputed income
Imputed income refers to a form of compensation given by your employer. This compensation is non-monetary. It may be in the form of a gym membership, company car, discounts, and financial assistance, among many others. But did you know that imputed income is also used differently in another context? “Imputed income” is also used in a divorce proceeding, or in determining child support. But what does this mean in that context then? Imputed Income In the context of a divorce proceeding or in the determining of child support, imputed income takes a different meaning. In this context, imputed income is when the judge assigns the amount. It is because one spouse earns a rather small amount of money. Perhaps on a minimum wage. A spouse’s actual income might not be appropriate to use when settling child support. Calculating Imputed Income When calculating child support, the non-custodial parent’s financial standing is a reference to determine how much they have to pay. When it comes to imputed income, it is more or less the same. These are the factors usually considered: Financial standing, how much the parent is earning and how much they could actually be earning given their capabilities Educational background Capacity to be able to work How much they earned in their past employments. Another important factor when calculating imputed income is if the non-custodial parent was unemployed voluntarily or not. It is possible that he or she had no choice in their unemployment. These calculations are done under the assumption that the parent is at least capable of earning minimum wage. All these factors can either make the child support payments of the non-custodial parent increase or decrease. It depends on their overall financial and employment situation. It may be a little unfair if the parent who cannot afford […]

Calculating Imputed Income and What That May Mean for You

Getting a divorce will not free you from being responsible for your ex-spouse. Aside from supporting your children, you may also have to give spousal support. You may know spousal maintenance as “alimony”. They are one and the same. Notoriously, there are those who would use marriage and divorce to live off of alimony. Some countries and states have already caught on and have made conditions for granting spousal support. Texas Rules for Spousal Support/Alimony The State of Texas has actually been very strict with alimony. It was not allowed until recently. There are many conditions before an ex-spouse can be awarded what they term as “spousal maintenance.”  Both parties have to agree on the terms of spousal maintenance. The court may also set the terms if the parties disagree. Marriage for at least ten years to qualify for alimony. Evidence must be established that the spouse applying cannot afford to support himself/herself. The rules also stipulate that to request for spousal maintenance, the ex-spouse must be disabled physically or mentally. If not, it must be shown that the recipient is the primary caretaker of their child.  Tax Regulations for Spousal Maintenance The amount being paid for spousal support is exempt from the taxable income of the one making the payment. It is the taxable income of the receiver. Divorces finalized on or later than January 1, 2019 will no longer allow the payer to declare the alimony as tax-deductible. On the other hand, the recipient is no longer required to report the amount as taxable income.  Identifying Spousal Maintenance It should be noted that spousal maintenance/spousal support is separate from child support. These are all separate from property settlement payments, mortgage payments or insurance premiums.  Payments to a third party are not alimony like medical expenses, tuition fees or […]

How is Spousal Maintenance Taxed in Texas?

What You Need to Know About Retroactive Child Support Payments  
  Retroactive child support payments may be something you are considering if a Family Court in Texas just ordered child support from another parent when it’s been long overdue. You may be wondering if it’s possible to receive payments that you would have received if the order has been made by the court earlier. In today’s article, we will learn more about how you can receive retroactive child support payments.   Steps in Seeking Retroactive Child Support Payments   There are steps you ought to follow if you want to receive retroactive child support payments. There are also steps that the court will go through before it can release an order for retroactive child support payments to be made. First, the court must figure out whether it is appropriate to order such payments to be made. If the court finds that such payments are appropriate for your case, they also need to determine the time period covered by the retroactive child support payments that are to be collected. After that, the court will also have to find out how much the paying parent earns monthly for the years covered by the retroactive child support period.   There are also guideline levels of child support that can be found in the Texas Family Code that is bound to be useful. These will be applied to the income of the paying parent in order to determine the actual child support payments owed. There might also be certain circumstances involved in the case that might cause the court to deviate from the amount of support prescribed by the guidelines. The court will have to consider these circumstances if there are any.   Other Court Considerations   The court will also consider whether the paying parent has been asked to pay child support in […]

What About Retroactive Child Support?

child support
It seems clear and basic enough, but there are still parents who fail to understand. The responsibility towards the child remains even after divorce. Thus, payment of child support and miscellaneous expenses is still necessary.  A parent may have good reason to refuse or neglect to provide child support, even if the court mandates it. The primary custodian is already spending on the everyday expenses of the child. Here are some options if a co-parent refuses to pay the necessary child support or the miscellaneous expenses: Enforcing the Child Support Order There are instances when the co-parents will agree informally to a certain amount. It should include the miscellaneous expenses of the child when it is computed. However, this will not be enforced by a state agency.  Thus, it is imperative to obtain a child support order from the court. With this order, child support is now a legal order. If a co-parent fails to comply, he or she can be charged with contempt of court. It constitutes disobedience of an official court order. The custodial parent should report the delinquent co-parent to the court, and petition the judge to take action. The judge has some options: Withholding the delinquent parent’s income Many of the child support orders have provisions stating that the employer can deduct the child support amount from his employee’s income. There are ex-couples who choose not to enforce the withholding provision until there is a time that the ex-parent fails to comply.  However, even without this provision, the parent is still responsible for making adequate and timely payments.  Office of the Attorney General The Office of the Attorney General (OAG) is tasked with ensuring that child support is paid amply and on time. This is because the state would not want to have the child on […]

What to do if Co-Parent Refuses to Pay Child Support