Part of being a parent is providing support for your children. In Texas, when parents divorce or are otherwise separated, courts are tasked with determining the division of financial support for each parent. To that end, Texas law provides a framework by which non-custodial parents are ordered to pay child support to custodial parents.
But you need someone to prepare all the evidence and supporting documentation you’ll need, present your case to the court, advocate for you, secure a legally binding child support award, and support you every step of the way. You have rights; you need a Conroe child support attorney who knows how to turn those rights into the child support payments you deserve and upon which you can rely. This is precisely what the Ramos Law Group does.
This article provides some information on the fundamentals of child support in Texas and some guidance on how the process works in Conroe. Every case is different, and everyone’s circumstances are different. A conversation with an experienced child support lawyer is the best resource for the legal advice and support you need.
How Courts Determine Who Pays Child Support and How Much They Pay
In Texas, courts decide who pays child support as part of a divorce decree, paternity order, or other court order affecting the parent-child relationship. Additionally, courts must approve any child support agreement, modification, or back payment plan. This is a good thing because court orders make child support legally binding.
Usually, the parent who does not have primary physical custody of the child (the non-custodial parent) will pay child support to the parent with primary physical custody (the custodial parent). The court will examine both parents’ incomes and the time each parent spends with the child.
The courts will then determine the amount of child support to be paid monthly. This is calculated based on the primary consideration that child support is always in the best interest of the child. Texas uses specific guidelines to calculate child support.
In Texas, courts calculate child support based on the non-custodial parent’s net income and the number of children for whom they are responsible. Net income is take-home pay after taxes and other deductions. If your net monthly income is between $1,000 and $9,200, child support is calculated as follows:
- One child—non-custodial parent pays 20% of their net income.
- Two children—non-custodial parent pays 25% of net income.
- Three children—non-custodial parent pays 30% of net income.
- Four children—non-custodial parent pays 35% of net income.
- Five or more children—non-custodial parent pays at least 40% of net income.
If the non-custodial parent’s net monthly income is less than $1,000, they will pay a lower percentage, ranging from 15% for one child to 35% for five or more children. Additionally, if the non-custodial parent’s net monthly income is greater than $9,200, the court has discretion to use the above guidelines or to increase the monthly support amount.
Judges in Texas also have discretion in adjusting the final amount of child support. Since every case and every family’s needs differ, the judge can consider other factors in determining the child support amount. Judges often consider any exceptional circumstances regarding the care and education of the child, the time the non-custodial parent expects to spend with the children, each parent’s contribution to other costs, and each parent’s total resources.
How Can I Change the Child Support Amount?
Circumstances can change between the time the court grants or approves a child support amount and the time the child turns 18, when child support traditionally stops. Under certain conditions and at either parent’s request, a court can modify the amount of a child support award.
Circumstances which may prompt a child support adjustment include:
- Change in income. If either parent’s income increases or decreases significantly, either parent can request a review of the existing arrangement and an appropriate change.
- Change in needs. Significant changes in the child’s needs, like new and unanticipated education or medical expenses, can prompt child support modification.
- Other significant change. A modification may be warranted if a parent becomes responsible for additional or fewer children or if a parent’s insurance or other benefits change significantly.
- Three years/20%. Even without significant changes, a parent can request a modification if the current award was established or modified more than three years ago, and the modification would result in a change in support of 20% or more.
If you are seeking to increase child support or prevent your child’s other parent from obtaining a decrease in child support, you will want an experienced child custody lawyer to present your most persuasive case.
How Do I Get Unpaid Child Support?
If the non-custodial parent owes you child support, you must take specific steps to get them to pay you. An experienced Conroe child support enforcement attorney like ours at Ramos Law Group can assess your case and identify the best and quickest path to take.
Petition the Court
You can submit a motion for enforcement to our local Conroe court. To do this, you need to gather all the evidence to prove the missed payments. Courts will generally allow for evidence of the past four years. The court will schedule a hearing where both parties can present their cases.
Petition the Office of the Attorney General
You can also contact the Child Support Division of the Texas Attorney General’s Office (OAG). Provide all the details of your case and proof of the back child support you are owed. This division of the OAG has the tools and resources to search for the parent and take steps to enforce child support, like wage garnishment.
Why You Need Ramos Law Group
While navigating the child support process independently is possible, having a child support lawyer makes the process easier and ultimately more successful. Here’s why.
Professional Guidance
An experienced Conroe child support attorney can help you understand and adhere to all the rules and procedures accompanying child support laws. For example, many parents are inclined to withhold custody from parents who do not pay child support. This could lead to big trouble.
Representation and Advocacy
Our lawyers will use years of expertise to represent your interests and argue your case in court. Often the law makes people ask for the things to which they are entitled. We know what to ask for, how to ask for it, and how to ask for it effectively.
Negotiation
We are skilled negotiators who know Conroe’s legal ecosystem. We can often reach favorable agreements outside court, saving you time and money.
Administrative Tasks
We know how to collect and manage paperwork. Most importantly, we know what paperwork you need to maximize the child support. While advocacy is more than filing things on time, filing things on time is very important. Having an attorney on your side can help ensure that you don’t miss important deadlines.
Support
We know this can be hard. We also know how to listen and offer support when you need it.
Call Us to Get Started
It takes patience, determination, legal acumen, and assertiveness to get the child support you deserve. The attorneys at Ramos Law Group have cultivated all those skills and, in addition, know Conroe, Texas. Every step in the child support process is crucial. You need someone who can guide you through those steps. Your kids and their future are too important. Call us or contact us online today to schedule a consultation and learn more about how we can help you.
