Houston Child Support Lawyer – Texas Laws

Child Support Attorney in Houston, TX

Navigating child support laws in Texas can be complex, especially when trying to ensure that your child’s financial needs are met. At Longworth Law Firm, our experienced Houston Child Support Lawyers are here to help you understand your rights and obligations, whether you are seeking to establish child support or need assistance with modifications or enforcement.

Understanding Texas Child Support Payment Laws

In Texas, child support is designed to ensure that both parents contribute financially to their child’s upbringing, even when they do not live together. The parent who does not have primary custody, referred to as the “obligor,” is typically responsible for paying child support. The parent with primary custody, known as the “obligee,” receives these payments on behalf of the child.

How Texas Courts Determine Child Support Payments

The child support calculation in Texas is primarily based on the obligor’s net income. The court uses specific guidelines as outlined in the Texas Family Code, Chapter 154, to ensure that the amount is fair and reflects the financial responsibilities of both parents. Here’s how the process works:

1. Calculating Gross and Net Income

• The court begins by calculating the obligor’s gross annual income, which includes wages, salaries, bonuses, commissions, overtime pay, and income from assets such as rental properties or investments.
• Once the gross annual income is determined, it is divided by 12 to establish the monthly gross income. From there, certain deductions are allowed to calculate the net income. These deductions may include federal and state income taxes, Social Security taxes, union dues, and the child’s health insurance cost.

Here’s a table outlining the common deductions:

2. Applying the Texas Child Support Guidelines

• After determining the net income, the court applies a percentage based on the number of children the obligor must support. The standard percentages are outlined in Texas Family Code, Section 154.125:
  • 20% for one child
  • 25% for two children
  • 30% for three children
  • 35% for four children
  • 40% for five or more children
• These percentages apply to the first $9,200 of the obligor’s net monthly income (as of September 2023). If the obligor earns more than this amount, the court may consider additional factors to determine whether an upward adjustment in child support is warranted.

Here’s a table summarizing the child support percentages:

Factors That May Increase Child Support Obligations

Sometimes, the standard guidelines may not cover a child’s needs. The obligee can request additional support by providing evidence that the child has special requirements, as per Texas Family Code, Section 154.126:

• Extra Medical Expenses are costs not covered by insurance, such as therapies, surgeries, or specialized care.
• Educational Needs: Tutoring, private schooling, or other educational programs that support the child’s learning.
• Extracurricular Activities: Costs associated with sports, arts, or other activities essential to the child’s development.

Modifying Child Support Payments

Life circumstances can change; when they do, it might be necessary to modify the child support order. Whether the obligor’s income increases or decreases significantly, or if the child’s needs change, either parent can petition the court for a modification under Texas Family Code, Section 156.401. Our Houston Child Support Attorneys can assist you in filing a request for modification, ensuring that the new amount is fair and reflects your current situation.

Enforcement of Child Support Orders

Texas law provides several enforcement mechanisms if the obligor fails to meet their child support obligations as outlined in Texas Family Code, Chapter 157. These may include:

• Wage Garnishment: Direct deduction from the obligor’s wages.
• Liens on Property: Placing a lien on the obligor’s real estate or personal property.
• Interception of Tax Refunds: Seizing federal income tax refunds to cover unpaid child support.
• Contempt of Court: Penalties for non-compliance, including fines or jail time.

At Longworth Law Firm, we can help you take the necessary legal steps to enforce a child support order and secure the payments your child is entitled to.

Duration of Child Support Payments

Child support typically continues until the child turns 18 or graduates from high school, whichever occurs later, as per Texas Family Code, Section 154.002. However, there are exceptions where child support may end earlier or extend beyond this period:

• Emancipation: If a child is legally emancipated before turning 18, the obligor’s duty to pay child support may terminate.
• Marriage: Child support obligations may end if the child marries before 18.
• Disability: If a child’s disability persists into adulthood, the court may order that child support continue indefinitely to cover ongoing care under Texas Family Code, Section 154.302.

Houston Child Attorney – FAQ

If you have a specific child support question, you may want to call one of our family law attorneys in Houston. Additionally, we have included several more child support articles below:

1. Are there child support lawyers for fathers in Houston, Texas who over pay child support payments?
2. Do I have to pay “back child support” in Texas?
3. Who pays child support when my spouse and I have joint custody?
4. My child is going to college, what happens to the child support payments?
5. How does RETROACTIVE CHILD SUPPORT work in Texas Family Law?
6. How much is a child support lawyer?

Why Choose Longworth Law Firm?

At Longworth Law Firm, we understand the importance of securing your child’s future. Our dedicated team of child support attorneys in Houston has the experience and knowledge to guide you through the legal process, whether you’re establishing, modifying, or enforcing a child support order. We are committed to protecting your rights and ensuring your child receives the financial support they deserve.