Lewisville Child Support Attorney

Protecting Your Child’s Best Interests in Denton County, Flower Mound, Carrolton & Highland Village

Divorcing spouses might not see eye to eye on everything, but one thing parents can agree on is that children don’t come cheap. From diapers to food to college, the price tag on kids only gets higher the older they get—a fact that holds true, even during divorce.

When parents divorce, Texas courts will almost always require the non-custodial parent to pay child support. The exact amount will largely be determined based on annual income and the number of children who need support. 

Contact North Texas Family Lawyers online or by calling us at (972) 402-6367 for help from our experienced Denton County child support attorneys. 

Child Support: The Basics

Child support is money paid by one parent to another to help cover child-related expenses after a divorce. It is required in almost all divorces involving minors and cannot be limited or restricted by a prenuptial agreement. 

In Texas—as in most states—the question of “who pays” and “how much” is heavily influenced by custody. Understanding the nuances of child support is crucial, as it ensures that parents fulfill their legal and moral obligations toward their children. Child support is not merely a financial transaction but a commitment to take responsibility for the child's well-being, education, and everyday needs.

Recognizing the importance of adequate support, the state's guidelines aim to balance the financial capabilities of the non-custodial parent with the child's essential needs. Moreover, while child support is primarily determined by income and custody arrangements, other factors, such as the child's special needs or parents' agreement on additional education costs, can also significantly influence the final determination.

The Interplay of Custody & Child Support in Texas

The longstanding presumption held by Texas courts is that a child’s best interest is served through having a loving, healthy relationship with both parents whenever possible. To this end, judges try to split a child’s physical time between spouses as evenly as possible. 

Unfortunately, it’s almost impossible to make an equal split. With outside influences like school, work, and childcare arrangements all vying for a child’s attention, it’s generally more feasible to make one spouse the primary resident parent (or, “custodial parent”) while the other gets ample visitation rights.

This type of custody division leaves custodial parents responsible for most of a child’s everyday needs and expenses. Hence, judges typically require non-custodial parents to make child support payments to offset any financial inequity.

Parents who want more control over how these arrangements are finalized are always free to work out a parenting plan on their own or through mediation. 

How Child Support Is Calculated 

To get an idea of how much child support you might need to pay, state guidelines offer this simple formula: 

(Gross Yearly Income) ÷ (12 months) – (deductions) x (percentage per child) = Estimated monthly payment

Here’s a closer look at how all that breaks down. 

Understanding Child Support Payments

This takes into account all forms of a non-custodial parent’s income. Not only does this include regular paychecks, but also unemployment benefits, Social Security or disability payments, alimony from a previous relationship, business revenue, investment payoff, rental property payments, and even inheritance funds.

Understanding how child support is calculated can greatly assist parents during this process. In Texas, the calculation takes into account the holistic financial landscape of the non-custodial parent, ensuring that all possible income avenues are considered when determining the obligation amount. This thorough approach ensures that the received child support is sufficient to cover the child’s ongoing needs, reflecting the state's commitment to the child's welfare.

Non-custodial parents must also keep detailed records of their income sources and any changes in their financial status, as these factors could impact the support amount. Engaging with a knowledgeable child support attorney in Denton County can help navigate the complexities and ensure that calculations are fair and accurate.

Applicable Deductions

For child support purposes, deductions include monthly payments made for: 

• Social Security taxes; 
• Federal and state income taxes; 
• Union dues; and, 
• Medical and dental insurance. 

When deducting federal and state taxes, keep in mind these numbers will be for filing as a single adult—no family write-offs.

Medical and dental deductions are excluded from child support because they will be addressed in a different section of your parenting plan. As a matter of law, parents who divorce are required to provide health insurance for their children.

Percentage Per Child: Key Considerations

The final element of the child support equation is to divide net resources by a percentage that is determined by the number of children you have:

• One child — 20% 
• Two children — 25%
• Three children — 30%
• Four children — 40% 
• Five children — 40%
• Six children — No less than 40%

With these percentages in mind, let’s say that a non-custodial parent has two children, makes $100,000 per year, and can subtract $3,000 in monthly deductibles. 

If we plug those numbers into our equation, it looks like this: 

($100,000) ÷ (12 months) – ($3,000) x (%25) = $1,333.00

As you can see, this parent would end up paying roughly $1,333 in monthly child support. We say “roughly” here because judges are always free to modify the total amount as they see fit.

Understanding the Income Cap

We should also note that this equation doesn’t apply to the upwardly affluent. Non-custodial parents who make more than $9,200 per month should consult a Denton County child support lawyer about child support estimates, since standard guidelines aren’t applicable.

Enforcing Child Support in Denton County

Courts in the Lone Star State don’t mess around when it comes to enforcing child support. Indeed, for each order of support a judge makes, an order for wage garnishment is automatically paired with it. 

Upon divorce, this order will immediately be sent to the non-custodial parent’s employer, requiring them to deduct child support payments directly from regular paychecks, before depositing any money in the parent’s account. This ensures that support payments are made in full and on time every month. 

Parents can agree to forego the wage garnishment; however, if they do, the payer must distribute funds through the Texas Child Support Disbursement Unit. This organization will then forward the money to the custodial parents, as payments cannot be made directly to them.

Enforcing child support is crucial in safeguarding the welfare and interests of the child. Texas employs stringent enforcement mechanisms to ensure compliance with support orders, promoting financial accountability among parents. Beyond wage garnishment, the state can also issue liens on property, intercept tax refunds, and even suspend licenses if payments are not made in a timely manner. These actions underscore the importance Texas places on the welfare of children, ensuring they receive the financial support they are entitled to.

Available Sanctions for Non-Payment

If wage garnishment doesn’t work, failure to pay child support can result in some pretty hefty consequences. 

Some of the tools at a court’s disposal include: 

• Suspension of driver’s license
• Passport denial
• Liens on property and businesses
• Reporting to the credit bureau
• Intercepting tax refunds
• Withholding support from lottery winnings

On the off chance that none of these things are strong enough motivators, belligerent parents who refuse to pay support can even find themselves in contempt of court. This charge can often result in steep fines, and anywhere from six months to two years of jail time (in addition to the funds already owed, of course).

Modifying Child Support in Denton County

All that being said, Texas courts understand that life changes sometimes present challenges to making full or timely payments. If there is a legitimate reason that you’re having trouble paying support, it’s possible you may be able to have your order altered.

Where modifications are concerned, though, it’s not enough for parents to reach an agreement between themselves. While parents are free to discuss these alterations, changes to child support are not legally enforceable until a judge puts it into an order. 

Understanding Child Support Modifications 

Life circumstances can change, and so can the need for child support adjustments. Whether you’ve experienced a change in income, job loss, or a shift in custody arrangements, understanding how to modify your child support order is crucial. At North Texas Family Lawyers, we assist families in navigating the complexities of child support modifications, ensuring that both parents and children are treated fairly.

Here are some key reasons why you might consider seeking a modification:

• Change in Income: If you or your ex-spouse has experienced a significant change in income, it may warrant a review of the current support arrangement.
• Change in Custody: If custody arrangements have changed, this can impact the child support obligations and may require legal intervention.
• Medical Expenses: Unexpected medical expenses for your child can also be a valid reason to revisit child support terms.
• Educational Needs: If your child's educational needs have changed, additional support may be necessary to cover costs.

Our experienced attorneys are here to guide you through the modification process, ensuring that your rights are protected and that the best interests of your child are prioritized. Contact us today to schedule a consultation and take the first step toward a fair child support arrangement.

Modifying child support requires careful documentation and a considered understanding of the legal process. It's crucial to act swiftly in light of changing circumstances to avoid financial hardship and ensure that the child's interests remain protected. Being proactive about modifications can prevent future legal complications and maintain an amicable relationship between co-parents, ultimately benefiting the child's development and stability.

Duration of Child Support Payments

According to state law, child support must be paid until the child turns 18, or they graduate from high school (whichever comes later). 

The only way for support to end earlier than that, is if the child:

• Dies;
• Gets married; or
• Is emancipated from biological parents.

We should also note that—because of age—college is not automatically included in child support calculations. However, higher education costs can be—and often are—addressed in a separate section, if it’s something that’s important to both parents.

Navigating Local Child Support Resources 

Residents of Denton County have access to a wealth of local resources that can help them understand and manage child support. The Denton County Child Support Office is a vital contact for those looking to navigate child support issues. It provides a multitude of services, such as processing payments, enforcing orders, and addressing public inquiries. For those requiring mediation services, local community organizations often offer workshops and resources to help facilitate smoother co-parenting arrangements.

Additionally, Denton County family courts can provide guidance on the procedural steps for filing or contesting child support orders. These local entities are crucial for parents who want to comprehend the specifics of their rights and obligations under Texas law. Taking advantage of these resources can greatly aid parents in managing child support matters efficiently and with greater understanding.

It's important for parents to actively engage with these local resources, as they offer a comprehensive view of the processes and requirements involved in child support. Moreover, these interactions can lead to greater awareness of community support systems for single and co-parenting families, ultimately contributing to more informed decision-making regarding child welfare.

FAQs About Child Support in Denton County

Contact Our Denton County Child Support Attorneys

Calculating child support payments can be a tiresome and stressful process. Between income sources, deductions, and custodial nuances, even a simple formula can turn complicated, making it difficult to know what to expect once the dust settles around your finances. 

At North Texas Family Lawyers, we understand the stress that comes with this uncertainty and don’t want you to go it alone. If you have further questions about how custody and income could affect child support in your divorce, we want to hear from you. 

Call (972) 402-6367 or schedule a consultation online and let our experienced Denton County child support lawyers help you find the best arrangement for your child.