Child support laws in Texas are designed to protect the interests of children. The state recognizes that children need access to certain essentials to survive, and parents are responsible for meeting these requirements.
When spouses divorce, the parent-child relationship can be fractured. Courts are tasked with acting in the best interests of a child to support their future, especially in the area of child support.
The Texas Family Code says that mothers or fathers should not receive preferential treatment while ruling on these types of cases. However, fathers may be at a disadvantage during divorce proceedings when child support is determined. That’s why working with a family law attorney with the skills, experience, and knowledge to advocate on your behalf is crucial.
Find out more about how child support works in Texas and why you should work with child support attorneys for fathers to help you achieve a positive outcome.
How Child Support is Awarded in Texas
The court can order one or both parents to support a child in a manner that will be specified in the court order. This support will continue until any of the following occurs:
- The child has reached the age of 18 or until he or she graduates from high school (whichever occurs later).
- The child marries or otherwise is no longer viewed as a minor in the eyes of the law.
- The child dies.
We recognize that child support is a sensitive topic that involves the well-being of children and the status of your relationship with an estranged spouse. Sometimes it boils down to dollars and cents of how much a father should be expected to pay each month.
In Texas, a specific child support calculation is used to determine how much the providing spouse will have to pay to the receiving spouse. The two main components are related to the following:
- The monthly income of the providing parent.
- The number of children that need to be supported.
A certain percentage of the provider’s income (what are called “net resources”) will have to be paid in child support. The typical rate is 20% for one child, 25% for two, and 5% more for each additional child.
The presiding judge may consider other factors to determine the monthly obligation from one parent to the other. Some of the most important factors include:
- The age of the children.
- The overall health of each child.
- The time each parent spends with the children.
- The associated expenses for raising the children.
- The financial stability of the receiving parent.
- Whether there are any other children to support from a previous marriage.
At the end of the day, child support exists to make sure that any reasonable living expenses for raising children are met. Some of the things that child support money can be used for can include the following:
- Clothing.
- Personal items.
- Food.
- Educational expenses.
- Medical expenses.
- Travel.
- Entertainment.
- Extracurricular activities.
Child support payments can also be used for any other reasonable and fair expenses associated with raising children. It’s not there to pay for certain luxury items (such as cosmetic surgery, a car, or private school tuition). However, modifications to the original child support agreement can be made if circumstances change in the future.
And if you need to modify an existing child support order, our attorneys can help. Here’s more information about how a modification works.
Grounds for Modifying a Child Support Agreement
The court can modify a child support agreement (including an order for health care coverage) for two primary reasons:
1. There has been a “material and substantial change in circumstances” since the original order was signed by a judge.
2. The child support agreement can be modified if it has been three years since the order was put in place or modified, and the monthly child support amount listed in the order differs by either 20% or $100 from the previous amount.
It’s also worth noting that a court or administrative child support order in a Title IV-D case can be modified at any time without needing to show proof of any change of circumstances.
However, an order of joint conservatorship in and of itself is not considered grounds for modifying a support order. But if the person paying the child support has been incarcerated in a local, state, or federal jail or prison for more than 180 days, it would be considered a “change in circumstances.”
Work With One of the Best Child Support Attorneys for Fathers in Texas
You don’t have to go at it alone navigating the family court system. We are here to help. If you’re looking for one of the best child support attorneys for fathers, be sure to reach out to our team at Parker & Aguilar.
We are prepared to help you negotiate a child support agreement or modify an existing one. One of our expert family law attorneys would be happy to speak with you about your specific needs and provide you with expert legal representation during a child support legal matter.
We support fathers in Fort Bend County, Brazoria County, Galveston County, and Matagorda County. If you live in one of these counties, contact us today to discuss your child support situation.
You can reach our offices at 979-267-7660 (Angleton office) or 281-944-5485 (Sugar Land office) to speak with one of our attorneys. We are ready to listen and serve as a fierce advocate on your behalf. Contact our law firm today to get started on your case.