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Are you the parent of a disabled child in Texas? If so, then you understand the many issues which impact the daily life of your family. Not only are there additional costs, concerns, and considerations but you are constantly vigilant about the best interests of your child. Managing all these competing interests can sometimes cause a parent to lose sight of what matters most—namely, trying to preserve the best interests of their child constantly. Disability issues can take a great deal of energy out of your daily life. However, as a parent, you always find the time and energy to understand Texas child support issues.
When it comes to child support and disability there are a range of factors to be considered. Certainly, taking into consideration the issues surrounding your child is an important step in preserving the best interests of your son or daughter. All the effort and steps you take to do what is right for your child need to be extended into the world of Texas child support.
In today’s blog post from the Law Office of Bryan Fagan, we are going to discuss some of the factors and considerations relevant to child support with a disabled son or daughter. Any questions you have about the material you have read in today’s blog post should be directed to the attorneys with the Law Office of Bryan Fagan. We offer free-of-charge consultation six days a week in person, over the phone, and via video.
Calculating Texas child support for a disabled child
Ultimately, the best interests of your child will determine how child support is calculated. For instance, if your child has a special need then that issue needs to be considered when determining child support. Increased medical costs, therapy, extra tutoring, and other help for your child need to be considered when calculating child support. The more detail-oriented you can be the more likely you are to receive an amount of child support that is fair considering the circumstances of your child.
Otherwise, there is a basic guideline level of child support that courts will use. The net monthly resources of the non-custodial parent are calculated. Resources include income, salary, tips, commissions, rental income, and other sources of money that you or your co-parent receives. From there, a percentage of that parent’s resources are calculated. Typically, 20% of a noncustodial parent’s net monthly resources go towards the support of one child. That percentage increases by five for each additional child up to six children.
No matter if you are the parent paying or receiving child support this figure must be arrived at equitably. The last thing you want to see is your child not receiving the care that he or she needs. This can happen if child support is calculated incorrectly. For this reason, you need an experienced family law attorney by your side. If you are paying child support, then you want your income to be accurately represented. On the other hand, if you are receiving child support then you want to make sure that your co-parent is paying an appropriate level of support based on the needs of your child.
How is child support impacted when a parent is disabled?
It is not only the disability of a child that matters when it comes to the calculation of child support. If you or your co-parent have a disability, then that may factor into the calculation of support. Consider a circumstance if you are receiving Social Security disability benefits as a parent. Social Security disability may be utilized when calculating your net monthly resources. On the other hand, Supplemental Security Income typically is not. Talk with your attorney about your circumstances. Wanting to do what is right for your child is only fair. However, that does not mean that you should put yourself in an adverse circumstance to do so.
How are child support issues impacted when a child is disabled?
If your child is disabled, then that can seriously change the calculation of support for him or her. As we discussed earlier in today’s blog post the best interests of the child standard matters most when considering child support. If your child has a disability, then that may change how child support is calculated in your case.
Consider that the calculation for guideline levels of child support as contained in the Texas Family Code may not be appropriate for your case. As a result, you may need to change the method of calculating support based on the needs of your child. This is where diligent record-keeping and attention to detail matter. Even though your co-parent may be aware of the needs of your child that does not mean that he or she will naturally agree with you when it comes to How much child support is needed. Potentially having these records is important so that you can show a judge that there is a basis to the argument you are making.
Additionally, although child support ends for most kids at their 18th birthday or high school graduation that does not have to be the case. Child support may extend beyond your disabled child’s 18th birthday. Again, if it is shown that there is a financial need for the extended child support then child support may be extended into adulthood. If you believe that you are in a position where your disabled child needs support beyond their 18th birthday, please reach out to the Law Office of Bryan Fagan. We can help you negotiate for an extended child support order.
Special needs trusts
It may become necessary for a special needs trust to be created to protect your child. A special needs trust is a type of trust that can shelter the money received by your child for his or her support. A trustee oversees paying money out of the trust for the benefit of your child. This way your child can be assured of having money for their monthly needs and medical bills. Additionally, the money kept in a trust will not count against your child if he or she needs to receive government benefits as a part of their care.
Modification of child support if you are a disabled parent
What would you do if you suddenly became injured and were unable to work? This is a hypothetical question for you, but it is a real-life consideration for many parents. Were you to become disabled and unable to work that means you would have many bills that you can no longer afford. However, in our circumstance, we need to consider how your child support order can be changed to reflect your new financial reality.
If you have an existing level of child support, then it may be time for you to file a modification. A modification seeks to change the amount of child support you pay based on a material and substantial change in circumstances. In this case, the material and substantial change would be that you have become disabled. Meaning that you are no longer able to afford the child support payments previously ordered. As a result of your new disability, you would find yourself in need of paying less in child support.
However, this does not necessarily mean that you would have no responsibility to pay child support at all. Rather, you would likely still be ordered to pay some child support especially if you are receiving a government benefit such as Social Security Disability Insurance. It is in your best interest and that of your child to speak to an attorney in a situation like this. An attorney can help guide you by providing you with information about factors that may impact your ability to pay child support as a disabled person.
Modification of child support if your child is disabled
One of the most heart-wrenching circumstances that can afflict your family involves your child becoming disabled. One moment your child has seemingly no cares in the world. Next, your child suffers an injury or illness which permanently impacts their well-being. As a parent, you would likely be concerned with his or her daily life. However, it also becomes necessary to look at the child support order in his case and determine whether it needs to be adjusted to reflect the newfound circumstances of your son or daughter.
Again, a modification of child support is possible if you can prove that a material and substantial change in circumstances has occurred. Almost certainly, a disability suffered, or illness contracted would qualify. The key to this entire discussion is being able to argue for a specific modification in child support. If you know that there is a child support figure that would take into consideration the needs of your son or daughter, then that is what you should negotiate for. Having documented proof of your monthly medical needs of the child is important.
Whether you are trying to establish child support for the first time or are working on a modification an experienced family law attorney comes in handy. Walking with an experienced attorney during a child support case means having the expertise of someone who has served families previously. Many times, a person in your position can feel like you have no place to turn. However, an experienced family law attorney knows how to make your circumstances and present them in the clearest manner possible to a court. This is how you advocate for the best interest of your child.
Enforcement of child support involving a disabled parent or child
In a situation where your co-parent has not paid child support, it can feel like you are stuck. Here you are, trying to do the best that you can for your child. However, you are prevented from doing so because you do not have the child support you are promised under your court order. Attempts to work out some sort of agreement with your co-parent have failed. He is not willing to pay you the full amount of child support promised to your child under the court order. What can you do in a situation like this? Are there any steps you can take to prevent this from escalating further?
Filing an enforcement case is the route to take in a circumstance involving the nonpayment of child support. An enforcement case seeks to bring to the court’s attention information regarding the nonpayment of child support. You would need to specify the instances where child support was either not paid or not paid in full. You may also ask for specific relief from the court. Examples would include penalties assessed against your co-parent as well as back child support paid to you.
Keep in mind that an enforcement case is a serious legal matter. It involves many moving pieces and places organization at the center of any effort to when your case. As a result, the experienced attorneys with the Law Office of Bryan Fagan can help you a great deal. Working with one of our attorneys means that you will be able to prepare diligently. Talk to our attorneys today about how we can best serve you and your family.
How is child support paid on a practical level?
Let’s suppose that you are the parent responsible for paying child support. A reasonable question to ask is how child support is actually paid. First, a wage withholding order must be signed at the end of your divorce. The wage withholding order is provided to your employer. The employer is then responsible for withholding a certain amount of money each month to pay your child support.
From there, the office of the attorney general comes into play. The Office of the Attorney General administers child support payments for families in Texas. Once the Child Support is paid to the office of the attorney general it is your responsibility to make sure that your Co parent receives the money. For that reason, you need to stay in communication with your child’s mother on this subject. It may not be pleasant to discuss this topic with your child’s mother but it is important nonetheless.
You also have a responsibility to make sure that the court is updated if you change work. A new wage withholding order needs to be sent to your employer were you to change jobs. The last thing you want to see happen to your child is to not pay the support he or she needs because of a miscommunication regarding your place of employment. Again, there are other people and entities who assist with the payment of child support. However, the responsibility lies with you when it comes to payment.
Final thoughts on disability issues in Texas child support
Advocates for disabled people will constantly tell you that an issue regarding this subject is that disabled people tend to be overlooked. Their needs are not necessarily at the top of their mind for the world at large. However, the attorneys at the Law Office of Bryan Fagan work tirelessly on behalf of all of our clients. Your needs as a disabled person or parent of a disabled child are central to our focus. It is not a small matter that you or your child is disabled. We seek to represent you and your child to the best of our abilities.
Do you have concerns about effectively advocating for your child in the context of child support? This is not an uncommon concern to have. You spend so much of your time thinking about and worrying about the needs of your child. Now you have a real opportunity to do something positive for your child in the context of your finances. Additionally, working with your co-parent on child support can be a great way to develop a co-parenting relationship with him or her. In short, getting this issue right the first time can save you time money and stress down the road.
Thank you for joining us here on the blog for the Law Office of Bryan Fagan. Our attorneys value the relationships that we have with our clients. If you have any questions or concerns about your family law circumstance, please do not hesitate to contact us. We have the experience you need to proceed into a family law case. Allow our attorneys to answer your questions in a free-of-charge consultation.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
