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Fort Worth Child Support Lawyer

It is every parent’s responsibility to support their children financially, and when parents are no longer together, the child support system helps to ensure that this responsibility remains balanced between both parents. A wide range of primary factors go into the child support calculation process, but the primary focus of Texas courts is always the overall best interests of the children involved. If you have questions or concerns related to child support, it’s time to reach out to an experienced Fort Worth child support attorney.

The Guiding Child Support Factors

When it comes to the calculation of child support in Texas, there is a set process. There are instances, however, when Texas courts stray from the basic guidelines, and the factors that guide their decisions in these instances include the following:

  • Each child’s age and unique needs, including any special needs that require special services
  • Each parent’s financial ability to contribute, including any non-cash compensation such as for housing or car expenses
  • The overall financial resources available for the support of the children
  • The number of overnights the parenting time schedule affords each parent
  • The cost of childcare
  • The cost of health insurance and uninsured medical expenses
  • The cost of travel related to visitation
  • Any additional factors that the court considers relevant to the child support case at hand.

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Calculating Child Support

In Texas, child support is typically calculated according to the following percentages:

  • The parent responsible for paying child support pays 20 percent of their net monthly income for one child.
  • The parent responsible for paying child support pays 25 percent of their net monthly income for two children.
  • The parent responsible for paying child support pays 30 percent of their net monthly income for three children.
  • The parent responsible for paying child support pays 35 percent of their net monthly income for four children.
  • The parent responsible for paying child support pays 40 percent of their net monthly income for five children.

Beyond five children, the parent who is responsible for paying child support pays no less than 40 percent of their net monthly income.

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Net Monthly Earnings

Child support payments are based on net monthly earnings, which is determined in accordance with several basic steps.

Gross Yearly Income

To begin, each parent’s total earnings for the year are assessed, which include all the following:

  • All wages and salary
  • All income from self-employment
  • All interest earnings
  • All dividends received
  • Any other income received, including from disability, social security, workers’ compensation, and unemployment

When compiled, this amounts to the parent’s gross yearly income.

Gross Monthly Income

The amount rendered by the gross yearly income calculation is divided by 12, and the result is the gross monthly income.

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Net Monthly Income

Once the gross monthly income is derived, standard monthly deductions like the following are subtracted:

  • Social security tax
  • State and federal income tax
  • Health insurance payments for the children’s coverage
  • Union dues

The amount that remains is the parent’s net monthly income, and this is what guides the calculation of child support.

It is important to note here that when a parent purposefully earns less than they could or is unemployed by design – in an effort to minimize their child support obligation – Texas courts take a dim view. As such, the court can impute earnings that correlate with the parent’s ability to earn and use this number as a stand-in for their actual net monthly income.

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Fort Worth, TX Divorce & Family Lawyers

Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.

Caps and Minimums Set by the State

The State of Texas sets a basic minimum child support amount, and child support payments generally don’t dip below this limitation. The state also, however, sets an income cap, which currently stands at $9,200. When the monthly net income of the parent who is paying child support exceeds this limitation, the child support amount is based on this cap.

In order for child support to exceed this amount, the parent who receives the payments is required to convince the court that doing so is in the best interests of the children as a result of some prevailing circumstance. While Texas courts generally follow state guidelines, they also have considerable discretion in the matter.

Child Support and Child Custody Are Separate Concerns

It is important to recognize that child support and child custody are separate legal matters that cannot be leveraged against one another. Courts hand down these orders in response to the involved children’s best interests, and they are legally binding. When a parent decides to withhold child support in response to the other parent’s failure to follow the parenting plan, they go outside the confines of the law and can be sanctioned for it. The same is true when a parent withholds parenting time as a means of protesting the other parent’s failure to pay child support.

Failure to live up to either responsibility can land you on the wrong side of the law. If your ex is engaging in either of these practices, the available recourse is proceeding through the appropriate legal channels. In the end, judges set parenting plans that are intended to maximize the amount of time the children are able to spend with both parents. This is considered a universally beneficial approach – except in extreme situations that require strict parenting time limitations.

When a parent takes it upon themself to limit their children’s time with their other parent or to limit their financial support, it is not in keeping with the children’s best interests and is not tolerated by the court.

Talk to an Experienced Child Support Attorney for the Help You Need in Fort Worth

Child support can be a contentious issue, but it doesn’t have to be with the right legal assistance. The compassionate child support attorneys at Mims Ballew Hollingsworth | Fort Worth Family Law recognize the serious nature of your child support concern and dedicate their imposing practice to skillfully advocating for a resolution that is in keeping with your rights and that works for your family. For more information about how we can help, please don’t put off contacting us today.

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Hands down one of the most professional and respected family law firms around. I wouldnt trust any other firm to represent me. I have had the pleasure to be represented by a few attorneys at the firm. They are fast, respectful, and above all trust worthy.

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Both parents are responsible for supporting their child financially. When parents separate, the non-custodial parent might be ordered by the family court to provide child support to the custodial parent. The court should consider each parent’s income and financial resources when issuing child support orders. Your lawyer can ensure your child support order is fair if you must pay child support.

Child support cases often take less time than other family law matters. This is because Texas follows an objective formula for calculating child support. The cases can take longer if the parent who should pay support is voluntarily unemployed or underemployed to try to minimize the support order. Support modifications can also take longer to resolve, as parents must prove or challenge changed financial circumstances.

If you are involved in a child support case, you should have documentation of your income, other financial resources, and necessary expenses. If you are a custodial parent, you should have your parenting plan and conservatorship order from the family court. Your attorney can advise you if you need additional documents to support your child support case.

In Texas, child support can last until a child turns 18 or graduates from high school, whichever is later. Child support can also terminate if a child gets legally married or emancipated from their parents.

Sometimes, child support can last longer, such as when a child has a disability and requires ongoing parental support as an adult. If a parent owes arrears, these can continue past a child’s 18th birthday, as well.

Failing to pay child support is a serious matter, and the Texas Child Support Services division can take action against the parent to induce them to pay. Some actions a parent might face include wage garnishment, suspension of a driver’s license or passport, or even criminal charges if the situation constitutes criminal non-support.

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    Highly recommend this law firm. Andrew McAlester goes above and beyond for his clients. He’s very resourceful and prompt in communication. I always refer Mr. McAlester to my family and friends in their time of need because I trust his judgement and I know he has his clients well being at the forefront of everything.

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    Tim Alexander represented me during my divorce. His compassion, empathy and communication during the process helped keep additional stresses out of an already stressful situation.

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    Timothy Alexander is an amazing lawyer. He helped me with everything I needed to do to get my divorce final in a very short period of time. I always try to refer to him when anybody asks for a divorce lawyer. Thank you for everything you’ve done.

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    Kelly & Brian helped us in our child custody case and I am very pleased by their work. Our case ended up last almost 2 yrs due to COVID, however they were very easy to communicate with and constantly kept us up to date on our case and the courts. I would highly recommend them if you are needing a great custody lawyer ...

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    Mr. Alexander was the utmost professional. He was timely in his communication and very thorough in his answers. His approach helped make a difficult situation tolerable. One thing I greatly appreciated is that he did not just tell me what I wanted to hear. He would offer suggestions and allow me to make the final decisio ...

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization..

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