One of the most important questions that you can ask during a child custody or divorce case is whether it is possible to negotiate child support during mediation. Child support is a critical element in any child custody case. Specifically, being able to work with your co-parent to create fair child support orders is a worthwhile goal to have. In mediation, Texas families frequently can negotiate settlements to their cases on various subjects.
Today’s blog post from the Law Office of Bryan Fagan will focus on whether you and your co-parent can negotiate child support during mediation. Child support is an emotional topic. Being able to support your children is critical to their well-being. Both parents are frequently unhappy with how child support is assessed and collected. Having the ability to decide the details of this arrangement with your co-parent can make a world of difference for your family.
As you discover answers to the most pressing issues in your case, we hope you consider contacting the Law Office of Bryan Fagan. Our team of experienced family law attorneys offers free of charge consultations six days a week. In these consultations, you can develop a sense of what is required in your case. From there, you are better able to approach these complex subjects together with a trusted advisor.
Mediation is a valuable tool to avoid going to court
One of the great misconceptions about a Texas family law case is that judges always determine the outcome. We see in movies and television shows this notion played out. That a family court judge holds all of the power. You and your co-parent are only able to watch as the judge hands down a decision that will impact your family for years to come. The families in these situations are always helpless and unable to act on their own to determine the trajectory of their family.
Families like yours have a significant amount of autonomy when it comes to decision-making. In most family law cases, you and your co-parent have a tremendous amount of autonomy and ability to make decisions about the outcome of your case. Child support is no exception. The two of you can come to a consensus on a variety of issues within child support. Mediation there’s one area where the two of you can work together to create positive solutions for yourselves.
The attorneys at the Law Office of Bryan Fagan have experience helping families in mediation. We know the stress and anxiety that come with a family law case. As a result, our attorneys can guide you and your family toward favorable outcomes. We have been able to work alongside many terrific mediators throughout the state of Texas. These mediators emphasize creating outcomes for families like yours which help children and parents. Contact us today to learn more about family law mediation in Texas.
Understanding child support before you negotiate
Most of us have a general understanding of what child support is. However, it is better to have a specific knowledge of the child support process before engaging in negotiation. If you do not understand the basics of child support, then it will be extremely difficult for you to confidently enter into negotiations. For that reason, we are going to talk about what it means to mediate a child custody or child support case. First, let’s begin by talking about what child support is and where it comes from.
Child support is financial assistance paid by one parent to the other. Using the language of Texas family courts, the parent who receives child support is the custodial parent. If you are the custodial parent of your child, then your child will live with you primarily. Additionally, you would have primary decision-making authority about his or her daily life.
On the other hand, if you pay child support then you are the non-custodial parent. A non-custodial parent in Texas has decision-making authority over a child. However, that decision-making authority is usually less than the custodial parent. As a non-custodial parent, you have the responsibility to pay child support on a monthly basis. How the child support is paid as well as how much depends upon a range of factors.
Calculating child support
For most families, child support is calculated based on the net monthly income of the non-custodial parent. A percentage of that income, based on the number of children you have before the court, is paid to the custodial parent each month. This amount of child support will vary from family to family. Not only does the income of the non-custodial parent matter but the best interests of your child, as well. Let’s spend some time discussing the best interests of your children and how that is a critical factor in determining child support.
The best interests of your child matter when determining child support
In Texas, parents are presumed to make decisions that are in the best interests of their children. When a Texas family court issues court orders on behalf of a child the best interests of that child must be considered. The best interests of the child standard are one that attempts to incorporate several different factors into the analysis. Your child’s safety, physical well-being, health, and educational outcomes are just a few of the factors considered.
In this way, a court can assess your child’s situation on a specific basis. Rather than base child support on a general standard, the best interests of your child are considered first and foremost. Talk to an experienced family law attorney with the Law Office of Bryan Fagan about how this can impact your child and your family. Different families face different sets of circumstances when it comes to child support. A quick example involves families who have children with special needs.
A family court attempts to issue orders that align with the best interests of your child as well as the financial realities of a non-custodial parent. This means that a court will not force a non-custodial parent to pay child support beyond their means. This does not mean that you as a non-custodial parent and not feel a pinch or slight discomfort each month as a result of paying child support. This reality places a focus on the accurate calculation of child support based on your income as a non-custodial parent.
Guideline levels of child support as outlined in the Texas Family Code
Before you begin negotiating child support in mediation you need to know that the city of Texas has guideline levels of child support as outlined in the Texas Family Code. These guideline levels of support are presumed to be in the best interests of your children unless otherwise shown. What this ultimately comes down to is that a family court judge is more likely than not going to order child support in your case based on the guideline levels of support. However, you can present evidence in court which can rebut this presumption.
The guideline levels of support begin by considering the net monthly income of the non-custodial parent. As we have already discussed, determining your net monthly income is a critical focus of this calculation. Having an experienced family law attorney to help guide you during this point of your case is critical. Getting off to a good start means having an accurate idea of the net monthly income of a non-custodial parent. No matter if you are a custodial or non-custodial parent it is important for you to be able to have this number be accurate. An experienced family law attorney can help position you to put your best foot forward when presenting this number to a court.
Beginning at 20% for one child and going up to no less than 40% for six or more children, the guideline levels of support contain percentages of the non-custodial parent’s income that will go towards child support each month. Bear in mind that these percentages may be outlined in the family code but are not necessarily those that will apply to your case. Again, the specific circumstances of your family must be considered. These circumstances are looked at alongside the best interests of your child.
What are some advantages of negotiating child support during mediation?
Mediation undoubtedly offers families like yours a tremendous opportunity to create outcomes that are in the best interests of your children. Putting yourself and your ohh parent together may not happen all that frequently. Simply having you both in the same building with the same focus and intentions is a key part of this discussion. The better focused you both are on the best interests of your child the more likely you can reach a fair outcome.
Many times, families underestimate just how distracted and busy we are in our daily lives. Just because a family law case has been filed does not mean the rest of your life takes a break. You still have work, family, and social obligations. All of this runs concurrently with the child support case that you are facing. What mediation does is offer you and your family a temporary timeout? During mediation, you all can put your phones away and forget about work for a few hours. The focus of mediation is your child and their best interests.
Spending your time negotiating in mediation is time well spent. Families like yours may not always be able to see eye to eye on everything. However, one of the key reasons why families disagree is that they are unable to see the case from the other person’s perspective. With your mediation, you will be able to gain a greater understanding of the child support case through the eyes of your co-parent. By walking a mile in their shoes, you increase the likelihood of a better result for your child.
Mediation and negotiation help with your co-parenting relationship
One of the ironies of a child custody or divorce case relates to your involvement with your co-parent. At the same time, you are working to end a long-term relationship you are also committing yourself to building a with this person through co-parenting. As you work together to further the best interests of your child take a moment to think more about what you can do to be a more effective co-parent. This can begin in mediation.
For example, instead of dismissing the thoughts and concerns of your co-parent why not take a moment to consider them? You may be able to see the case from an entirely new vantage point. It is easy to be dismissive of your co-parent. This is especially true when you find yourself very frustrated with him or her. By attending mediation, you are forced to negotiate and think about the other person and their arguments. Taking this time can cause you to think harder about the point your co-parent makes.
Mediation brings about the discussion with a purpose. This is not merely an aimless conversation that you and your co-parent may have from time to time. Rather, mediation represents a negotiation session with clear parameters and goals. On top of that, the mediator helps to facilitate discussion more readily. All of this can help you and your co-parent learn how to work together better. Once you begin to engage with him or her in dialogue it is less likely that you will assume the worst or disregard their opinions in the future.
Does mediation end your family law case?
Let’s assume a situation where you and your co-parent have successfully attended mediation. The two of you were able to overcome some disagreements regarding child support and create agreements that are geared toward the best interest of your child. It feels like your case is quickly coming to an end. However, it is relevant to ask whether your case is over with at this stage. Does mediation end your family law case?
While it can feel on an emotional level that your family law case ends at mediation this is not true from a legal perspective. Rather, your family law case continues until a judge signs their name to the final orders of your case. Before you and your co-parent get to this stage you must first negotiate your way through the drafting of court orders. This negotiation process begins with one attorney drafting court orders. The mediated settlement agreement contains the framework for court orders. However, they must first be written in a format that a judge is willing to sign.
As you complete mediation it is tempting to take your foot off the metaphorical gas pedal. However, it would be a mistake to do so. There is still work to be done as it relates to your case. Ultimately, the court orders in your case matter a great deal. This is because you will need a well-written court order in the event of disputes in the future between you and your co-parent. These disputes may arise in the event of missed child support payments.
Enforcing a child support order with the help of negotiation
One final point the attorneys with the Law Office of Bryan Fagan would like to make relates to future disagreements between you and your co-parent. Let’s suppose that your co-parent does not pay you child support as ordered. For whatever reason, he has missed a series of child support payments. This has placed your family in a difficult position financially. As a result, you have contacted an attorney with the Law Office of Bryan Fagan to see what kind of resolutions may be reached.
Your concern is that you will have to spend an arm and a leg to take your co-parent to court. The attorneys with the Law Office of Bryan Fagan can tell you that, if you have a well-written court order, this is not necessarily the case. Rather, so long as your court order is well written you can work with your co-parent through negotiation to create, they have to pay back the child support owed.
This sort of plan only works when you have court orders that are specific and enforceable. Going to the trouble of a family law case only to find that you have unenforceable court orders is a deflating feeling. Rather, decided to work with an attorney at the Law Office of Bryan Fagan. We have the experience and know-how that you need to best approach the complex and challenging world of Texas child support.
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.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
