It is not uncommon for potential clients to come to our office shortly after having and being dissatisfied with hearing in child support court. They want to know if there is anything that can be done. Our attorneys understand child support cases and are prepared to help guide you through the process
Texas Child Support Calculation
Child support is calculated using a mandatory formula under the Texas Family Code that has the rebuttable presumption that application of the statutory child support guidelines is in the best interest of children.
Number of Children
It is possible to deviate from the formula
It is possible to deviate from the formula in some situations. Under 154.123 of the Texas Family Code the court may a variance from the guidelines if evidence shows it would be unjust or inappropriate under the circumstances.
The court shall consider evidence of all relevant factors, including:
- the age and needs of the child;
- the ability of the parents to contribute to the support of the child;
- any financial resources available for the support of the child;
- the amount of time of possession of and access to a child;
- the amount of the obligee's net resources, including the earning potential of the obligee if the actual income of the obligee is significantly less than what the obligee could earn because the obligee is intentionally unemployed or underemployed and including an increase or decrease in the income of the obligee or income that may be attributed to the property and assets of the obligee;
- child care expenses incurred by either party in order to maintain gainful employment;
- whether either party has the managing conservatorship or actual physical custody of another child;
- the amount of alimony or spousal maintenance actually and currently being paid or received by a party;
- the expenses for a son or daughter for education beyond secondary school;
- whether the obligor or obligee has an automobile, housing, or other benefits furnished by his or her employer, another person, or a business entity;
- the amount of other deductions from the wage or salary income and from other compensation for personal services of the parties;
- provision for health care insurance and payment of uninsured medical expenses;
- special or extraordinary educational, health care, or other expenses of the parties or of the child;
- the cost of travel in order to exercise possession of and access to a child;
- positive or negative cash flow from any real and personal property and assets, including a business and investments;
- debts or debt service assumed by either party; and
- any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents.
3 Days to Appeal
Child Support hearings conducted through the Office of the Attorney General are held before a Master (associate Judge). A Master is not an elected Judge. Under Texas Family Code 201.015 this allows you to appeal his decision if you act within three days after the final hearing.
How to Appeal the Child Support Ruling?
Three things are necessary:
- Request a De Novo Hearing
- (2) file it with the District Clerk's Office and
- Send Notice to the Parties in the case (the other parent and the Attorney General)
A request for a de novo hearing under this section must specify the issues that will be presented to the referring court.
In the de novo hearing before the referring court, the parties may:
- Present witnesses on the issues specified in the request for hearing.
- The referring court may also consider the record from the hearing before the associate judge, including the charge to and verdict returned by a jury.
The referring court, after notice to the parties, shall hold a de novo hearing not later than the 30th day after the date on which the initial request for a de novo hearing was filed with the clerk of the referring court.
Who Can Appeal the Ruling?
Any party can file an appeal which includes:
- Dad, or
- the Attorney General.
Our child support lawyers can help you with the time-sensitive nature of child support appeals and can act quickly to ensure that all deadlines are met. Child support findings provide our lawyers with information to help argue your case for a favorable outcome. As with most cases in which children are involved the court will be most interested in what is in the best interest of the children.
The attorneys at the Law Office of Bryan Fagan, PLLC in Houston help parents bring and defend child support appeals. We are ready to take on the challenge of your child support appeal for the best possible outcome.
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce”
Other Articles you may be interested in:
- What do I do if I have overpaid child support in Texas?
- Child Custody Basics in Texas
- Child Support and College Tuition in Texas
- In Texas are Child Support and Visitation Connected?
- Why Ignoring Child Support Obligations is a Bad Idea in Texas
- Texas Child Support – Trust and Annuities
- Special Needs Children in Texas Child Support Cases
- How to get above guideline child support.
Law Office of Bryan Fagan, PLLC | Spring, Texas Divorce Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.