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Texas Child Support Appeals

Yeehaw, dear readers! We're about to saddle up and ride straight into the heart of a Texan-sized dilemma – child support disputes in the Lone Star State. Picture this: you're sipping sweet tea on a scorching Texan afternoon, and your buddy leans over and asks, "Can you dispute child support in Texas?" Your eyebrows arch, and you think, "Well, ain't that a can of Lone Star beer at a Texas barbecue?"

The short answer? Yes, partner, you sure can! But, as they say, the devil's in the details, and you're going to want to stick around for this one. We've got rodeo-worthy tales of child support modification, enforcement showdowns hotter than a jalapeño pepper, and even a little mediation magic to sweeten the pot. So, hitch your horse and get ready to learn the ropes – we're delving deep into the wild west of family finances in Texas.

Can You Dispute Child Support in Texas? The Wild West of Family Finances

It is not uncommon for potential clients to come to our office shortly after having and being dissatisfied with hearing in child support court. They want to know if there is anything that can be done. Our attorneys understand child support cases and are prepared to help guide you through the process

Texas Child Support Calculation

Child support is calculated using a mandatory formula under the Texas Family Code that has the rebuttable presumption that application of the statutory child support guidelines is in the best interest of children.

Number of Children

Support Percentage









It is possible to deviate from the formula

It is possible to deviate from the formula in some situations. Under 154.123 of the Texas Family Code the court may a variance from the guidelines if evidence shows it would be unjust or inappropriate under the circumstances.

The court shall consider evidence of all relevant factors, including:

  1. the age and needs of the child;
  2. the ability of the parents to contribute to the support of the child;
  3. any financial resources available for the support of the child;
  4. the amount of time of possession of and access to a child;
  5. the amount of the obligee's net resources, including the earning potential of the obligee if the actual income of the obligee is significantly less than what the obligee could earn because the obligee is intentionally unemployed or underemployed and including an increase or decrease in the income of the obligee or income that may be attributed to the property and assets of the obligee;
  6. child care expenses incurred by either party in order to maintain gainful employment;
  7. whether either party has the managing conservatorship or actual physical custody of another child;
  8. the amount of alimony or spousal maintenance actually and currently being paid or received by a party;
  9. the expenses for a son or daughter for education beyond secondary school;
  10. whether the obligor or obligee has an automobile, housing, or other benefits furnished by his or her employer, another person, or a business entity;
  11. the amount of other deductions from the wage or salary income and from other compensation for personal services of the parties;
  12. provision for health care insurance and payment of uninsured medical expenses;
  13. special or extraordinary educational, health care, or other expenses of the parties or of the child;
  14. the cost of travel in order to exercise possession of and access to a child;
  15. positive or negative cash flow from any real and personal property and assets, including a business and investments;
  16. debts or debt service assumed by either party; and
  17. any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents.

3 Days to Appeal

Child Support hearings conducted through the Office of the Attorney General are held before a Master (associate Judge). A Master is not an elected Judge. Under Texas Family Code 201.015 this allows you to appeal his decision if you act within three days after the final hearing.

How to Appeal the Child Support Ruling?

Three things are necessary:

  1. Request a De Novo Hearing
  2. (2) file it with the District Clerk's Office and
  3. Send Notice to the Parties in the case (the other parent and the Attorney General)

A request for a de novo hearing under this section must specify the issues that will be presented to the referring court.

In the de novo hearing before the referring court, the parties may:

  1. Present witnesses on the issues specified in the request for hearing.
  2. The referring court may also consider the record from the hearing before the associate judge, including the charge to and verdict returned by a jury.

The referring court, after notice to the parties, shall hold a de novo hearing not later than the 30th day after the date on which the initial request for a de novo hearing was filed with the clerk of the referring court.

Who Can Appeal the Ruling?

Any party can file an appeal which includes:

  1. Mom,
  2. Dad, or
  3. the Attorney General.

Our child support lawyers can help you with the time-sensitive nature of child support appeals and can act quickly to ensure that all deadlines are met. Child support findings provide our lawyers with information to help argue your case for a favorable outcome. As with most cases in which children are involved the court will be most interested in what is in the best interest of the children.

The attorneys at the Law Office of Bryan Fagan, PLLC in Houston help parents bring and defend child support appeals. We are ready to take on the challenge of your child support appeal for the best possible outcome.

Disputing Child Support in Texas: Your Comprehensive Guide

In the Lone Star State, the topic of child support can be as hot as the Texan sun in summer. We're here to answer the burning question: Can you dispute child support in Texas? Buckle up, folks, because we're about to take you on a journey through the ins and outs of child support disputes in the great state of Texas.

Child Support Modification

When Change is the Only Constant

Child support orders, much like the ever-changing Texas weather, might need an update. Life happens, and when circumstances change significantly, you have the right to seek a modification. Whether it's a shift in income, a job loss, or the evolving needs of your child, modifications can provide relief. It's a legal process, and it's essential to navigate it correctly.

Enforcement of Child Support Orders

The Lone Star Law: Compliance is Key

Now, let's talk tough love. Not adhering to child support orders in Texas can lead to consequences that are as daunting as a tumbleweed rolling across the desert. Wage garnishment, asset seizures, and even contempt of court charges are real threats. The message is clear: it's crucial to fulfill your child support obligations.

Mediation and Alternative Dispute Resolution

Resolving Differences Beyond the Courtroom

Fancy a Texan showdown without the dust and drama? Mediation and alternative dispute resolution methods can be your saving grace. Instead of a courtroom brawl, consider a peaceful negotiation. It can be a win-win for everyone involved, especially the children.

Child Custody and Visitation

Where Custody Meets Coin

Child support isn't just about numbers; it's intertwined with custody arrangements, visitation schedules, and parenting plans. A shift in custody can impact child support calculations significantly. Navigating these waters requires understanding the legal intricacies.

Rights and Responsibilities of Parents

The Parenting Rulebook

In the world of child support, both custodial and non-custodial parents have rights and responsibilities. These include making crucial decisions for the child's well-being. Knowing your rights and fulfilling your duties is essential for a harmonious co-parenting journey.

Temporary Child Support Orders

Providing for the Present

Sometimes, justice can't wait. While your child support case is pending, you might need financial assistance. Temporary child support orders can ensure that your child's needs are met during legal proceedings. It's a lifeline when you need it most.

Financial Disclosure Requirements

Show Me the Money

Transparency is the name of the game in child support hearings. Both parents must provide full financial disclosure, including income and expense statements. Accuracy here is vital, as it forms the foundation of child support calculations.

State and Federal Laws

Navigating the Legal Landscape

Child support isn't just a Texas-sized affair; it's governed by state and federal laws. Understanding these legal frameworks, such as the Child Support Enforcement Act, is crucial when disputing child support in Texas.

Law Name


Texas Family Code

Governs child support guidelines in the state.

Child Support Enforcement Act

Federal law establishing procedures for enforcement.

Texas Penal Code

Outlines penalties for non-payment of child support.

Social Security Act (Title IV-D)

Provides federal funding for child support programs.

Texas Administrative Code

Contains detailed regulations related to child support.

Child Support Resources

Guiding Stars in the Texan Sky

The Lone Star State offers resources and agencies to assist parents in their child support journey. The Office of the Attorney General is a valuable ally, providing guidance and support during the process.

Impact of Child Support on Taxes

Taxing Matters

Child support isn't just about finances; it can affect taxes too. Understanding how child support payments impact both the paying parent's taxes and the custodial parent's taxes is vital for financial planning.


Impact on Paying Parent's Taxes

Impact on Custodial Parent's Taxes

Child Support Payments

Generally not tax-deductible.

Not considered taxable income.

Child Tax Credit

Usually not claimable by paying parent.

Typically claimed by custodial parent.

Dependency Exemption

Often not available to paying parent.

Frequently claimed by custodial parent.

Earned Income Credit (EIC)

Rarely applicable for paying parent.

Commonly available to custodial parent.

Head of Household Filing Status

Often not eligible for paying parent.

Frequently used by custodial parent.

State-specific Tax Rules

Varies by state; some states have unique

Typically, child support is not taxable

tax rules related to child support.

or deductible for state tax purposes.

Legal Representation

The Counsel of the Cowboy

In the vast Texan landscape of child support disputes, having a legal cowboy by your side can make all the difference. Hiring an attorney for child support appeals, modifications, or enforcement proceedings is a strategic move. But how do you choose the right one? We'll guide you through the selection process.

So, there you have it, folks! Disputing child support in Texas is a journey through a maze of laws, regulations, and emotions. With the right knowledge and guidance, you can navigate this Texan terrain and ensure the best possible outcome for you and your child.


Well, dear readers, we've ridden this Texan trail of child support disputes from sunup to sundown, and we hope you've enjoyed the journey as much as we have.

So, can you dispute child support in Texas? You bet your boots you can! It's a wild ride through the legal saloon of life, where modifications, enforcement, and a bit of Texan charm can make all the difference.

Now, before we mosey along, let's leave you with a little slice of wisdom from this great state: when the dust settles and the sun sets low, family matters most. So, whether you're donning a ten-gallon hat or a baseball cap, remember that navigating child support in Texas is all about making sure the young 'uns have a fair shot at their own Lone Star dreams.

Thanks for joining us on this Texan adventure, partner. Until next time, may your trails be clear, your hearts be full, and your child support disputes be as smooth as a Texas two-step. Giddy up!

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Child Support Ebook

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Other Articles you may be interested in:

  1. Child Custody Appeals in Texas: A Second Chance
  2. We lost the divorce- now what? Perfecting the appeal in Texas
  3. What do I do if I have overpaid child support in Texas?
  4. Child Custody Basics in Texas
  5. Child Support and College Tuition in Texas
  6. In Texas are Child Support and Visitation Connected?
  7. Why Ignoring Child Support Obligations is a Bad Idea in Texas
  8. Texas Child Support – Trust and Annuities
  9. Special Needs Children in Texas Child Support Cases
  10. How to get above guideline child support.
  11. Handling a child support case as the non custodial parent, Part Five
  12. The benefits of hiring an attorney to represent you in a child support case
  13. How to handle child support as the non custodial parent, Part Three
  14. Child Support Payments in Texas: How to Make them and Why
  15. Can my Texas Driver's License Be Suspended for Not paying Child Support?
  16. My Wife is Taking Half My Paycheck in Child Support. What can I do?
  17. Defining a material and substantial change in a child support modification case

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