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Family Law Cases in Texas: Initiating a Child Support Case

Family Law Cases in Texas:  Initiating a Child Support Case

If you want to begin a family law case involving child support cases, it is recommended that you contact an attorney before doing so. I know- shock of the century- a family law attorney is recommending that you hire a family law attorney.

Trust me on this one, though; Child Support cases require an experienced hand. The investment you make in your attorney can pale in comparison when looking at your potential gains in support or savings in support, depending upon if you are the parent who will receive or pay child support.

Initial Filing in a Child Support Case

The term “Suit Affecting the Parent-Child Relationship” refers to the initial filing in a child support case. Your SAPCR will involve two other parties: the other parent and the Attorney General of Texas. You need to notify the Attorney General whenever you attempt to modify the amount of child support being paid.

Your hiring an attorney to file this SAPCR is an advantage over going about it yourself or contacting the Attorney General. First and foremost, your attorney can often work your case more efficiently than one of the attorneys for the Attorney General’s office, thereby hastening the pace with which your case resolves itself. A quick mediation setup at the beginning of a case can often allow you to complete the process with relatively little spent on attorney’s fees.

The other advantage to hiring an attorney to handle your SAPCR related to child support is that you can also modify issues related to conservatorship, possession, access, or visitation in the same suit. The Attorney General would focus entirely on child support and would likely require you to file a second SAPCR.

Child Support Calculation in Texas

Family Law Cases in Texas:  Initiating a Child Support Case

If you are in a position where you are likely to have to pay child support, either in a SAPCR or divorce case, this section will be relevant for you. Your net income and the number of children you must support go into the child support calculation. Children that are both before the court in the present child support case and other children for whom you owe a duty to support that are not presently before the court.

For the most part, child support calculations are based on the guideline percentages laid out in the Texas Family Code. For a basic rundown of the calculation, you will want to deduct from your monthly pay federal taxes, social security, and the health insurance that you pay towards your children.

After removing certain items from your income, you will apply a percentage to your net resources to calculate your total monthly child support obligation. For one child, you must apply 20 percent to your net monthly income. For two children, the percentage is 25 percent, and this increases up to 50 percent for each additional child. The maximum portion of your income allocated to child support each month cannot exceed 50 percent.

If you have other children not involved in the current case, they will reduce the amount you must pay for the children in this case. For those earning high incomes, only the first $8,550 of your monthly income is relevant for these calculations. If your child has specific needs that necessitate additional child support, you may not use the guideline percentages.

Failure to Pay Child Support

Your obligation to pay child support, once calculated, stands as an amount you must pay without exception. This holds true even if you work in jobs where income fluctuates, such as a real estate agent or small business owner. In these cases, the law offers no protection to account for inconsistent income throughout the year. If this applies to you, you should plan ahead by either securing a part-time job to supplement your income or by saving money to cope with these fluctuations. Remember, an inconsistent income does not provide a legal defense against the failure to pay child support

Similarly, if you fail to pay child support as ordered, the parent entitled to the support can return to the court for enforcement of your payment obligations. This parent can request the judge to find you in contempt of court and may even pursue jail time to enforce child support payment. As mentioned earlier in this blog post, if you have not received timely support, consider hiring an attorney to initiate this enforcement or contact the Office of the Attorney General.

Modification of a Prior Court Order

Filing a modification suit is necessary when you request a court to adjust the amount of child support you must pay or are ordered to receive. You are asking the court to take the prior order it rendered and change it in some way based on a substantial change in circumstances. Child support, conservatorship, possession, access, and visitation are all covered by this sort of lawsuit.

Family Law Cases in Texas:  Initiating a Child Support Case

The material and substantial change in circumstances must have occurred since the signing of the prior court order if the other parent moved away from their last place of residence with your child and therefore caused you to incur additional sums of money in travel costs to exercise your right to visitation with your child then that material and substantial change in circumstances. Likewise, if your ex-spouse has abused your child or engaged in some other illegal behavior in the home, then this too would qualify as a material and substantial change in circumstances.

Modifying Custody, Possession, and Access

First and foremost, you must demonstrate that any requested modification serves your child’s best interests. After establishing this, you must meet one of the following criteria:

  • The circumstances of your child, or either you or the other parent, have changed materially and substantially since the earlier of a) the date the prior order was rendered or b) the date of the signed and agreed-upon mediated settlement agreement.
  • Your child, if at least twelve years old, has filed a statement with the judge specifying their preferred primary residence parent.
  • The conservator with the exclusive right to determine your child’s primary residence has voluntarily given up the care and possession of your child to another person for at least six months.

The judge in your case holds complete discretion to decide what constitutes your child’s best interests. This term is subjective and depends on the judge’s judgment. The judge will consider your child’s health, safety, and overall well-being in making this decision.

The Law Office of Bryan Fagan, PLLC

If you have questions about anything we discussed in today’s blog, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC.

One of our licensed family law attorneys is available six days a week to meet with you in a free-of-charge consultation. We can answer your questions and go over any information you would like regarding family law in Texas.

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Other Articles you may be interested in:

  1. How to correctly calculate child support in Texas
  2. Is Overtime Pay or Bonus Pay Considered for Texas Child Support?
  3. Child Support in Texas: What is the most you will have to pay, and what are the exceptions to that rule?
  4. The Dirty Trick of Quitting Your Job to Avoid Child Support During a Texas Divorce
  5. Can I get child support while my Texas divorce is pending?
  6. Do I Have to Pay Child Support if I Have Joint Custody of My Child in Texas?
  7. Can I Sue My Ex for Retroactive or Back Child Support in Texas?
  8. Child Support and College Tuition in Texas
  9. Texas Child Support Appeals
  10. In Texas, are Child Support and Visitation Connected?
  11. Why Ignoring Child Support Obligations is a Bad Idea in Texas
  12. Can I get child support and custody of my kids in Texas if we were never married?

Law Office of Bryan Fagan, PLLC | Houston, Texas Child Support Lawyers

The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding child support, it’s essential to speak with one of our Houston, TX, child support lawyers right away to protect your rights.

Our child support 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 (281) 810-9760 or submit your contact information in our online form.

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