Although child support and enforcement laws tend to be rather similar from state to state, Texas has its own unique set of laws determining child support payments and enforcement. For this reason, Texas child support lawyers are helpful in decrypting the Texas legal code and helping you understand your rights to recover child support in Texas. Texas child support lawyers will also be able to help you work with state authorities and authorities across state lines to cooperate on such matters. Therefore, even if you live in another state but have a non-custodial parent living and working in Texas, a Texas child support lawyer will be able to help you achieve the maximum child support payments, in accordance with Texas law.
What is Texas child support law and how does it differ from other states?
Here is a comparison of Texan requirements to other states:
– Non-custodial parent is required to provide health insurance, even if the custodial parent has an insurance plan. This is not calculated in the child support determination.
o Other states let the parents decide or pick the cheap option if the state mandates that the child must have health insurance. Health insurance costs are calculated in support payments.
– The garnishment of wages is the mandatory under Texas law, as this will ensure that payments are being made.
o Other states would allow the payments to be made in person or payable by check/online payment to the state disbursement unit.
– Child support is determined by the number of children with 20% for one child, and up to 45% for six or more children.
– A child support agreement ends when the child becomes emancipated, married, or turns 18.
– Texas authorities will deny drivers and hunting/fishing licenses; confiscate property and lottery winnings for the non-payment of child support.
– Non-custodial parents are entitled to see their children and the court will decide a visitation plan if the parents do not agree.
– You may request the adjustment of child support benefits as long as the adjustment would result in an increase or decrease off 100 dollars or more and represent an increase or decrease of 25%. This can be conducted every three years.
What should I bring when meeting with a Texas child support lawyer?
When suing for nonpayment of child support, bring the settlement agreement that obligates the spouse to pay support. Ensure that you can prove that you have complied with the provisions of the divorce settlement as well. When attempting to secure child support payments in an initial settlement or court decision, bring a tally of the costs associated with raising the children. This includes school supplies, tuition, activities and any other reasonable costs a parent would accrue when raising a child. State child support agencies will help facilitate your case and in rare instances even provide you with legal representation to sue for child support. In all other instances, a Texas child support and custody lawyer will be necessary to maximize the support agreement.
How is child support calculated in Texas?
Texas child support is calculated based on a formula that uses the following factors affecting the custodial and non-custodial parents to make an appropriate determination:
– Number of children
– Wage, salary, interest and rental income
– Social Security and Federal Taxes
– Prior obligations to other children and spouses
– Cost of health insurance premiums
– Union dues
The formula is not an absolute determination and an experienced Texas child support lawyer will work on your behalf to achieve a more favorable balance of payments. You may be able to receive additional support based on living conditions and if the child has special needs.
With this guideline, a non-custodial parent with:
– One child
– No existing support payments to other spouses and children
– $12 monthly contribution to mandatory health insurance
– A monthly salary of $5,000 supplemented by $200 each in rental and self-employment income
– Payments of $15 for social security taxes and $40 in federal income tax
– Union dues of $50
Would have a monthly obligation of $1,056.60 to the child looked after by the custodial parent.
Distinctions will vary from state to state, especially in the determination of “gross income.” Many states will count gifts, loans and entitlement payments in their determinations, while others will exempt these payments. Remember that the judge will have the final determination on the amount of payments. These laws are subject to change, so a Texas child support lawyer will keep you abreast of further developments.
How do I know my Texas child support lawyer is legitimate?
All individuals that practice law in the state of Texas must be active members of the integrated Texas State Bar Association. If the individual claiming to be a lawyer cannot show proof of Bar Association membership, then this legal professional is very suspect. Although the court system will have mechanisms to prevent unauthorized persons from representing clients, certain legal services, such as mediation, may be provided without the auspices of the court. This is why proof of Bar Association certification is necessary when seeking these services, to ensure that the service the lawyer will provide is professional, ethical and in compliance with Texan law.
If you ever have doubts about the credentials of your Texas child support lawyer, ask to examine his or her credentials. If the lawyer cannot produce them, then you may want to seek out another lawyer that you feel comfortable working with. The lawyer must be professional and above all impartial. If the lawyer appears to be saying only things that you want to hear or is otherwise disingenuous, then these are marks of a poor lawyer. The lawyer’s job is not to take your side or attack your spouse but to be an advocate for your needs that can offer an impartial evaluation of your case. An impartial lawyer has the best chance of finding potential flaws in your child support claim and correcting them before settlement or trial.
