New Braunfels Child Support Attorney

Experienced Child Support Attorney Handling Support Orders, Modifications, and Enforcement in New Braunfels, TX

When raising a child, financial resources will be needed to cover housing, food, clothing, school supplies, doctor visits, and many other everyday needs. When a child's parents are not living together because they have broken up or chosen to get a divorce, they may both be required to contribute to the costs of raising their children. Child support orders can be put in place for this purpose. Whether a parent will be paying or receiving support, an accurate child support order can be crucial, because it will affect their household budget every month until a child reaches adulthood.

At Hill Family Law, PLLC, our attorney works with clients to establish child support orders by ensuring that income is calculated correctly, the right percentages are applied, and the proper expenses will be taken into account. He can also work with clients to update child support when necessary or collect payments that have gone unpaid.

Calculating Child Support Payments

In Texas family law cases, child support calculations will begin by determining the paying parent's monthly "net resources." This includes nearly every source of money a parent receives, such as:

• Employment income like wages, overtime pay, commissions, tips, and bonuses.
• Self-employment income earned through a business.
• Investment income, including interest, dividends, royalties, and money earned through rental properties.
• Benefits such as retirement and pension payments, Social Security benefits, unemployment compensation, disability benefits, and workers' compensation.
• Other sources of ongoing income, including severance pay, income from a trust, and annuities.

After calculating a person's gross income, Social Security and Medicare taxes, federal income taxes, union dues, and the cost of the child's health and dental insurance may be deducted to determine net resources.

The Guideline Percentages for Child Support

Once a parent's net resources have been determined, child support will be calculated by applying a percentage based on the number of children a parent is supporting. This percentage starts at 20 percent for one child and increases by five percentage points for each additional child, up to 40 percent for five children. The guideline percentages apply to net resources up to $11,700 per month and are reduced when the paying parent supports children in more than one household.

Medical, Dental, and Other Added Expenses

The amount of child support calculated using the guideline percentages is only one part of a complete child support order. A parent may also be required to contribute to:

Medical Expenses

The court orders health insurance for a child when it is available at reasonable cost. If it is not, the court may order cash medical support, enrollment in a governmental assistance program, or other measures found to be in the child's best interest. Expenses that insurance does not cover, such as deductibles, copays, and prescriptions, may also be divided between the parents.

Dental Expenses

In addition to medical insurance, parents may be required to divide the costs of dental insurance for children. They may also share expenses related to dental care, such as the costs of braces or other orthodontic treatment.

Other Expenses

When necessary, child support payments may be adjusted to address additional costs, such as day care, private school tuition, or extracurricular activities. Parents may agree on what expenses will be appropriate, or a court may order a parent to pay certain costs.

Modifying a Child Support Order

It may be necessary to adjust the amount of child support at a later date. A parent may seek a modification if there has been a material and substantial change in circumstances, or if three years have passed since the order was rendered or last modified and the guideline amount would differ by 20 percent or $100 per month. Texas law has no pause. A parent whose income drops must file to modify, and payments remain due until a court changes them.

Either parent may file a child support modification request with the court. The other parent will be formally notified of this request, and a hearing may be held to determine whether child support should be adjusted. A modification can apply only to payments that come due after the earlier of the date the other parent is served or the date that parent appears in the case. This makes the timing of modification requests important, since previous obligations will remain in effect until they are modified.

Enforcing Unpaid Child Support

When a parent stops paying child support, there are multiple tools available to help the other parent collect what is owed. Income withholding is generally required in every support order and may be used to take child support directly from a parent's paycheck. However, if a parent still falls behind on payments, a motion for enforcement may be used to collect the unpaid amounts.

A court may issue a judgment requiring a parent to pay the past-due amount plus interest. It may also place liens on a parent's bank accounts or other property, intercept their tax refunds or lottery winnings, and report their failure to pay child support to credit bureaus. If a parent is at least three months behind on paying child support, they may face the suspension of their driver's license or a professional license. In cases involving a repeated failure to pay, a court may find a parent in contempt, which can lead to penalties like fines and jail time.

Contact Our New Braunfels, Texas Child Support Lawyer

Child support affects not only a parent’s financial stability but also a child’s ability to maintain a good quality of life. At Hill Family Law, PLLC, our lawyer can review child support calculations, assist with updating orders when circumstances change, and pursue enforcement when payments are not made. Contact our New Braunfels, TX child support order attorney at 830-229-2129 to schedule a free consultation.