Tyler Child Support Attorney
Whether you are involved in a divorce or separation involving children, it can be an overwhelming time in your life. You will be presented with many decisions that could continue to affect you and your children as your children grow up. During this time in your life you need an attorney who assist you in understanding the process as well as fighting for your rights. If you are involved in a divorce with children, a suit affecting the parent-child relationship or if the Texas Attorney General has contacted you about child support, contact me for a consultation regarding your case.
How is Child Support Calculated?
Generally in Texas child support is calculated by determining the net resources of the person ordered to pay child support. In determining net resources the Court will consider all income of the person ordered to pay child support. From gross earnings a deduction is allowed for federal income tax deduction, social security deduction, medicare/medicaid deduction and the cost of health insurance you pay for the child. This should give you the net resources available for child support.
Before calculating the child support amount you will need to determine if there are other children outside of the current case who are entitled to support from the person ordered to pay child support. Currently, if there are no children outside the case to whom you owe support, then the percentages applied are as follows:
20% of net income for one child
25% of net income for two children
30% of net income for three children
35% of net income for four children
40% of net income for five or more children
The current cap on net resources for child support purposes is $8,550.00. This means if the person ordered to pay child support has net resources greater than $8,550.00, the net resources in excess of $8,550.00 will not be considered in calculating child support.
How do you determine net resources for child support?
If a person ordered to pay child support is paid by the hour, works the same amount of hours each week, and does not receive overtime, then calculating net resources can be quite simple. However, when a person works overtime on a regular basis or receives an increased wage for working a certain shift it can be a little more complicated to determine the correct amount of net resources. The person seeking child support will likely want to count every about of overtime or shift differential, where the person ordered to pay may argue that overtime is not likely to continue and should not be considered. An even more difficult situation can arise when a person ordered to pay child support is self-employed. You need a qualified Child Support Attorney to assist you whether you are seeking child support or if you are the party ordered to pay child support. It is very important that child support be calculated as realistically based on the actual net resources as possible. You don’t want to end up paying more than you can actually afford and if you are the person receiving child support you want to make sure you receive the correct amount for the support of the child. Call me today so we can discuss you specific case.
What happens if circumstances change since the last order for child support?
If the Court enters an order for child support, whether it be in a final decree of divorce or a suit affecting the parent child relationship, it is expected that child support will be paid according to the order. If child support is not paid according to the order, it could lead to additional filings with the Court, which can lead to interest charges, penalties for non-payment and even jail time. If you have been ordered to pay child support, but your income decreases and you can no longer afford to pay the child support as ordered, then you should contact a Tyler Child Support Attorney as soon as possible to learn your options.
If you are the party who is to receive child support and the party ordered to pay stops paying or refuses to pay you should contact a Tyler Child Support Attorney to determine if you have grounds to file a Motion for Enforcement of the Court order requiring child support payments. Additionally, if you believe the party ordered to pay child support has increased net resources you may qualify to file a Motion for Modification requesting an increased amount of child support. Contact me today to discuss your options.