Child Support

What a Bill of Review Means in a Family Law Case in Texas
First and foremost, what is a bill of review? Basically, a bill of review is a method to secure a new trial after the initial trial has ended. For instance, if you had a case in Texas and you were not satisfied with the result, you have the option to seek means to get a new trial. One option is to file a motion for a new trial, and another is an equitable bill of review. If you had received a default judgment, the best way to approach your case is to file a motion for a new trial. You can get a fresh start with your case when you file the motion for a new trial within thirty days from the day the judgment is signed.   On the other hand, a bill of review can be filed anytime from four months to four years from the day the judgment was signed in court. There is an exception to this rule though. If you can prove that fraud was involved and it greatly influenced the ruling of the judge, you might be granted a bill of review even after the 4-year period is over. An example of this would be when you have enough evidence that you were lied to by the opposing party, which caused you to fail to show up in court on the day of the trial.     How to Get a Bill of Review Granted   How can you increase your chances of successfully winning a bill of review motion? Of course, there is a standard set in Texas law that states what things are needed to win a hearing for bill of review. We can also take a look at what is needed in a motion for new trial to get an idea […]

How to Use a Bill of Review for Family Law in Texas

calculating net support
When a couple undergoes the divorce procedure, there are many things they need to sort out. The best way is to arrive at compromises, but at certain points, the court must strongly intervene.  The state of Texas has always made the welfare of the children as their priority. Thus, details like child support will not be compromised.  Child Support Regulations There are very stringent guidelines on calculating child support. The court will calculate your child support capacity based on your net income. Now, there are many different circumstances with how people earn their income—some have fixed salaries from a company, some earn from their business and some earn by contractual services. Regardless of the manner of income, the court will take a fixed percentage for child support.  The usual arrangement for Texas law is that one parent is named as the primary conservator whom the child will reside with. Thus, the other parent will be responsible for child support.  The calculation is 20% of the net income resources of the non-conservator parent for one child, with 5% increases for every additional child. Thus, if you have two children, child support will increase to 25%. Child support for five children is at 40% of the net income. If the net income is $2000 per month, then the monthly child support payment is 400$ if they have one child. The corresponding percentages will apply, with up to $800 if they have 5 children.  The child support will last until the child turns eighteen or graduates from high school. The percentages will drop as each child reaches these milestones. Determining Net Income While the calculation itself seems simple enough, the complications arise in determining the amount of net income.  The net income not only pertains to the salary or consultancy fees that the […]

Calculating Net Resources for Child Support

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?

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