Gaining a better insight into child support negotiations is crucial for your success in a family law case. Without a doubt, many people in your position struggle and their case because of a lack of knowledge. The irony is that there is a tremendous amount of information on child support available to us. This is especially true when you consider the availability of information on the Internet. However, the problem is that it can be difficult to trust the information that we find online. What information it’s accurate and trustworthy?
The attorneys with the Law Office of Bryan Fagan understand the situation that you find yourself in. We take seriously our responsibility to our clients. Additionally, we also want to be a resource for our community when it comes to learning more about family law cases. Family law cases are unique. They involve issues related to your children, your home life, your work, and your finances. With so much at stake in your case every advantage you can gain is critical.
In today’s blog post from the Law Office of Bryan Fagan, we would like to share with you important information on the subject of child support. Child support tends to be one of the most emotional and complex subjects in your family law. With that said, let’s spend some time walking through what you need to know during a child support case.
Child support negotiations
One of the great misnomers about Texas family law cases is that these are almost entirely decided by the family court judge. Rather, issues in family law cases tend to be determined more based on negotiation with your co-parent. This means that you need to be willing to set aside any personal differences with your co-parent to be able to focus your attention on the best interest of your child. For many of you reading this, that will prove difficult. There may be legitimate concerns that you have with your copayment at this time.
One of the complex parts of a Texas family law case is that you may feel like your relationship with your co-parent is over. For example, going through a divorce for some people may mean the end of a relationship. Divorcing spouses may never come into contact again after the case is over. However, when divorcing people have children that is not the case. The most important part of your relationship with that person is maintained.
This is why being able to approach child support negotiations with humility is so important. Understanding that your co-parent once what is best for your child is a critical part of this discussion. He or she may not approach a case with the same perspective. However, that does not mean their goals are any different than yours. Once you appreciate this, the rest of your case becomes much easier to handle.
Having a plan with negotiations
Understanding the importance of negotiations is not the only or final step in the process. Think about it like when you were in school. Understanding that you had a major test coming up is a good thing. It’s certainly better than being caught off guard on the day of the test. However, knowing about the test and doing something to prepare for it is another subject altogether. The preferred method in this situation would be to Use your time wisely and to study.
The same principle applies to family law cases. Once you understand that you have a family case involving child support, you need to start thinking about how to approach the case. For instance, child support is not an avenue for you to address prior grievances with your co-parent. It is reasonable for you to have disagreements or problems with your co-parent. Many people in your position struggle with anger and hostility toward their co-parents. This is especially true if you are involved in a divorce. There may have been years of suffering or bad experiences because of your failing marriage.
However, this is where being disciplined matters. Being disciplined in this context means that you should not allow your hostility towards your co-parent to color how you view the child support negotiations. In many cases, the difficulties you have experienced with your co-parent have little to do with the negotiations on child support. With that in mind, the better you can isolate those feelings from your negotiations, the more productive you are likely to be.
What is the role of child support in the life of a custodial parent?
In child support, the custodial parent is the parent who has primary custody of the child. This parent also has the right to receive child support. If this is the role that you expect to play in the life of your child, then this part of today’s blog post is for you. Many parents in your position have questions about what role child support plays in their lives. There are a lot of misunderstandings about child support which are easy enough to hold. For you to be able to negotiate this subject effectively, you need to have an accurate idea about what child support is. Additionally, you need to be able to understand what role child support is supposed to play for your child.
First and foremost, child support Is a benefit to your child primarily. True, child support may end up helping you pay bills, rent, or childcare. However, the purpose of child support is to primarily help support your child. Keeping this in mind as you negotiate child support is important. Do not lose sight of the reality that child support is intended to help your son or daughter. Therefore, taking these negotiations as an opportunity to personally obtain some kind of retribution against your co-parent is a big mistake.
Another aspect of this discussion that needs mentioning is that child support is not intended to allow you and your child to maintain a certain lifestyle. Rather, child support is intended to help your child have a basic amount of the essentials in life. Therefore, do not expect that child support will be able to help you live the same lifestyle that you have always been able to lead.
Performing due diligence as a custodial parent
Just because you are the parent who will be receiving child support does not mean you have no responsibilities when it comes to this subject. Rather, there is a certain amount of due diligence you must perform. Even if you choose to hire an attorney for your case, that does not mean that the attorney is there to do all the work for you. In truth, you and your attorney are a team.
Part of your duties to the team when it comes to child support is to help find out information about your co-parent’s income sources. In some cases, this is relatively easy. For parents who work salaried jobs finding out their income is not complicated. However, for parents who work or have jobs or who have multiple streams of income, this becomes more complex. Any information you can provide to your attorney helps.
Child support in Texas is based primarily on the net income every month of the non-custodial parent. Therefore, this puts a great deal of emphasis on both parents to have a good understanding of what this number looks like. In some situations, the non-custodial parent will cooperate and provide information about their income willingly. In other situations, it may be necessary to take additional steps to discover information about their income. Tthis usually looks like sending out formal discovery requests in a family law case.
Income of the noncustodial parent
No matter what role you expect to fill in the life of your child, having a good understanding of a parent’s income is critical. For many parents, this looks like making sure that the court has an accurate idea of your actual income. For instance, many people work jobs where their income is highly volatile. This means that your income may fluctuate a great deal depending on the year, season, or other factors. In that case, you must help the court understand that your income now may not be what it ends up being in the future.
As a non-custodial parent, you have more at stake when it comes to the question of income. Certainly, you want to do what is best for your child. This means not trying to artificially lower your child support amount by working less. At the same time, being able to present a fair picture of your income is reasonable. Many parents in your position end up paying much more in child support than they ought to. The primary reason for this is that their actual income is never determined.
One of the difficult parts of a family law case for some parents to adjust to is that there needs to be an extreme amount of preparation involved in the case. Appealing to a judge’s emotions or sensibilities is not sufficient. Rather, you need to be prepared to have evidence when making arguments. Therefore, preparing yourself for the court to decide on child support means coming in with evidence. The best way to be prepared for court is to begin searching for documentary evidence ahead of time. Here is how you can do that in a Texas child support case.
Preparing for a child support calculation as a non-custodial parent
As with anything in life, the more preparation you can put into something the better the result you get. For child support, you need to be prepared for the possibility of a hearing on child support. This means collecting as much documentation as possible on child support. For instance, many of us are paid only via direct deposit. If this is your situation then you need to prepare. Start by opening an account for yourself through your human resources department. Whatever program your employer uses to pay you, you need to have an account. This way you can view your pay and print documents.
Access your information and begin to hand over the material to your attorney. This is where the attorney has a lot of value to you. Your attorney can prepare to submit evidence to a court. This is not as easy as dropping a pile of paperwork on the desk of a judge. Rather, this involves the somewhat tedious process of offering and having admitted into the record various types of evidence. This is not the type of activity that a layperson will have experience in. Rather, hiring an attorney is the best way to prepare for this type of circumstance.
Then, make sure that you speak directly to your attorney about the circumstances involved with child support. Do not expect your attorney to guess or assume the realities of your life when it comes to child support. There may be circumstances involved that are not apparent to the attorney. Intricacies about your income, manner of payment, and other details should be clearly explained to your attorney. That way your attorney can ask questions and receive feedback about the true circumstances of your income.
The best interests of your child
Texas family courts utilize the best interests of the child’s standard when making determinations about child support. The best interests of the child standard attempt to consider a range of different factors in the life of your child. Among them are your child’s health, well-being, emotional development, and safety. All these factors and more coalesce when a court assesses child support. For some parents, it can be difficult to understand that it is the best interest of the child that matters primarily. Your circumstances are not at the top of a court’s list of priorities.
With that said, determining what the court the extent to which your child’s best interests are met is the number one goal for both parents. For example, if your child has a medical need then it is your role to help the court understand this. Do not assume that a court will be able to understand all the nuances in the life of your child. Rather, if your child has a medical need then you need to make sure that the extent of the child’s needs is presented clearly to the court. This may mean providing billing statements, invoices, and other material to help the court learn the full extent of the medical needs of your child.
What this should tell you is that waking up on the morning of a hearing and trying to throw everything together is not a good idea. It takes time and planning to advocate effectively for your child. It is normal to have questions about this type of subject matter. Again, working with an experienced family law attorney can be the difference between having child support assessed correctly and letting details that are important slip through the cracks.
Final thoughts on child support negotiations in Texas
Thinking about child support as an opportunity for collaboration is a healthy way to approach this subject. Understandably, your mindset now may be geared more towards animosity than collaboration. Many parents in your position have suffered from the bad actions of your parents. However, looking at the case optimistically means considering the benefits to your child of true negotiation.
Work with your co-parent to discuss ways that you can effectively communicate. This may be the first conversation like this that you have ever had with your co-parent. If there is a way to better communicate with your co-parent, you need to find that out. Doing so avoids wasted effort. The more effort you expend without positive results, the more defeated and frustrated you will become. Instead, focus on how to use your time efficiently. This will open new avenues for progress to be made between you and your co-parent.
Last, do not take your eyes off the metaphorical prize. All the effort you are putting into your case is done on behalf of your child. This is not something to benefit you or your co-parent primarily. Rather, your role in all of this is to do as much as possible to benefit your children. Keeping this at the front of your mind will help you to avoid becoming frustrated or lackadaisical. Thank you for choosing to spend part of your day with the Law Office of Bryan Fagan. Our licensed family law attorneys are here for you. The Law Office of Bryan Fagan is on your side.
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.
