Discussing changes in child support can be a sensitive issue during divorce proceedings. Whether you’re the paying or receiving party, you may feel the current child support arrangements are not ideal. If you’re the custodial parent, you might seek increased support to better care for your child. Conversely, as the paying parent, you may seek to lower payments based on your financial circumstances. Either way, dissatisfaction with the child support outcome from your divorce or custody case is a common concern.
Before proceeding, I want to advocate for parents who pay child support. As the custodial parent receiving payments, you may have encountered situations where the other parent wasn’t enthusiastic about paying. This might have led you to view them as selfish and indifferent to their child’s needs. However, I aim to offer a perspective in defense of the paying parent in such cases.
In my years as a family law attorney, I have not met one parent who does not want what is best for their children. Now, that may mean something different to you than what it means to me. I cannot think of one parent I encountered in my time as a family law attorney who would not tell you that they want what is best for their child. In their heart hearts, parents believe that they are doing what is best for their children. Whether or not that parent knows what is best for their child is a different subject altogether. However, parents typically make decisions that they believe are in the best interest of their children.
Understanding perspectives on child support
This brings us to the subject of child support. If you are angry at an ex-spouse because they have not always been A happy payor of child support, then you should look at it from their perspective. Many parents responsible for paying child support believe that they would be better off putting that money into a college fund for their child or paying for other costs associated with that child’s upbringing. Much of the resentment towards paying child support has nothing to do with the money itself but, instead, it goes directly to you rather than now to your child. Accountability for how the money is used lies at the core of these issues.
Today’s blog post does not focus on the psychology or animosity related to child support and its allocation. However, I feel like this is an issue that interests many parents going through the divorce or child custody process in his one that I would like to deal with this set while the subject was on my mind. My overall point is that you should not assume the worst of your co-parent and think that they only want to rip you off or be cheap with your child. In their mind, they may believe that spending the money allocated for child support elsewhere or directly for the child’s benefit would be more effective than channeling it through you.
How is child support allocated and calculated in Texas?
Before we dive into discussing child support, let’s first understand how one parent pays child support while the other receives it, and how courts calculate these amounts. Child support enables you as a parent to stay involved in the child-rearing process, even if your child does not live with you full-time. The primary residential parent has the authority to designate the child’s main residence and receive child support. This control over the child’s primary residence is a key reason why parents often vigorously compete to become the child’s primary conservator.
Once you or your co-parent gain the status of primary conservator, you can set your child’s primary residence and, most likely, receive child support. This right continues unless you lose the authority to determine your child’s primary residence. After establishing which parent will pay and which will receive child support, we can then explore how to calculate these payments.
Child support calculation and modifications
Child support calculation can typically be a straightforward experience. The Texas family code sets specific guideline levels of child support, which many families in child custody and divorce cases follow. You can review the code language if interested, but for our blog post today, understand that you will receive a percentage of your co-parent’s net monthly income as child support. The rate of your co-parent’s net monthly payment that they will be responsible for paying tends to be between 20 and 50%. The fewer children you have, the lower the percentage will be. Likewise, the more children you have, the higher the rate will be.
Now that we’ve covered how child support is determined and calculated, the next topic to address is how a parent can seek changes to the amount paid in the future. The answer to this question means that we will need to figure out a little more about child support modifications and how they fit into your specific circumstances, given the child’s fluctuations in income and expenses.
Modifying a family court order in Texas
Modifying a family court order for child support in Texas requires demonstrating a significant change in circumstances that affects the child’s best interests. Judges will only consider modifications based on material and substantial changes affecting you, your co-parent, or your child. Approval of a modification request hinges on providing evidence to support these changes.
This is a somewhat high hurdle for most people to clear. This hurdle can be difficult for many parties to remove because they either do not wait long enough to modify their order or the circumstances do not merit a modification. Filing a modification case can still result in minor changes in either direction. Typically, it involves negotiating the issue with your co-parent and reaching a middle ground settlement.
When it comes to child support, there are several reasons why a modification may be requested. For one, the parent’s income who pays child support may have changed since the parties were last in family court. For example, if your ex-spouse’s income has recently increased, you may want to file a modification request to improve their child’s propagation. Likewise, if your ex-spouse’s income has decreased, they may file a modification request to have their child support obligation fall. If the Proper amount of child support based on the new income differs by 20% or $100 from the current level of support, the general rule of thumb is that the request to modify the Child Support amount will be granted.
Changes in expenses as a motivator to modify the level of child support.
After a family law case, your child-rearing expenses may change. This could include new daycare costs due to employment or increased medical expenses for a child’s condition developed after the initial court case. If your child’s care costs have risen since the case concluded, you’ll likely need to file a modification petition to increase the child support you receive.
I would do right off of the bat to figure out the monthly expenditures associated with this care. Providing specific evidence to support your request increases the likelihood of the court granting your modification petition. The nice part about requesting to modify a child support order is that you can prove that a substantial change in your circumstances has occurred merely by presenting an accounting of your bills now compared to what they were at the time of your divorce or initial child custody case. There isn’t a lot of subjectivity to a discussion like this.
It may be possible for you and your co-parent to discuss your modification attempt before a hearing and resolve the issue independently. Sometimes parties to a modification case are surprised that a resolution to this matter may be gained through a simple discussion with the other parent. It does not take a lot to have a civil conversation about the needs of your child. My advice would be to make each of your arguments for an increase in the Child Support obligation based on the proven needs of your child. If you focus more on what your child needs and less on what you need to pay your bills, then I think you would be better served.
Conclusion
Overall, dealing with changes in child support can be complex. Before filing your claim, it’s crucial to consult with an experienced family law attorney. Child support modification cases involve intricacies beyond typical child custody matters, necessitating skilled legal representation. An attorney can guide you through the process, prioritize your child’s needs, and develop effective strategies for mediation or trial.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material presented in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultations six days a week in person, over the phone, and via video. These consultations can be an excellent opportunity for you to learn more about the world of family law and how an experienced family law attorney can help guide you during a legal matter such as the one you are facing. I appreciate your interest in our blog post today, and we hope that you will join us again tomorrow as we share more information about the world of Texas family law.
Other Related Articles:
- Navigating Child Support Modifications: A Comprehensive Guide
- Child Support Modification: What is the Position of Texas Appellate Courts?
- Understanding child support modifications
- Child Support Modifications: Adapting to Economic Shifts and Life Changes
- The Initial Stages of a Child Support Modification Case in Texas
- Texas Child Support Order Modification (Part 2)
- Practical Tips for Successful Child Support Modification in Texas
- Modification Of Child Support Orders
- Exploring Child Support Deviations and Modifications
- Texas Child Support Review Process
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Law Office of Bryan Fagan, PLLC | Houston, Texas Child Custody Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding child custody, it’s essential to speak with one of our Houston, TX, child custody lawyers right away to protect your rights.
Our child custody lawyers in Houston, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (713) 364-1209 or submit your contact information in our online form.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
