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Collin County Family Law AttorneyChild support might be determined by a state formula, but that does not stop it from becoming a high-conflict part of a divorced or separated couple’s relationship. The parent paying child support often feels angry and taken advantage of, while the parent receiving child support often feels as though the amount is insufficient to properly care for the child’s needs. Whatever the reason for dissatisfaction, the end result is sometimes that the parent paying for child support will try to hide income to avoid paying the full support payments he or she would otherwise be obligated to make. If you think this is happening in your case, it is important to contact a Texas child support attorney who can help you secure the support you need. 

Child Support Income Guidelines in Texas

Before a court can set child support payments, the judge needs to know how much money the paying parent makes and whether the child’s needs justify deviating from state child support guidelines (the paying parent is the parent who does not have primary possession of the child, meaning the child spends most of his or her time with the other parent). 

Texas child support guidelines use a parent’s annual income (rather than a monthly income) divided by 12 and reduced by standard expenses like taxes or health insurance payments for the child. When calculating income, the court will include all sources of money, including, but not limited to: 

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How could my job affect my divorce outcome?

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Texas spouses undergoing a divorce have three main legal issues to work out in their divorce decree. These include establishing conservatorship (custody) for their children, dividing assets and debts, and sharing future income.

If you are the family's breadwinner, there's a strong chance you may end up paying child support and spousal maintenance. If that's the case, it's crucial to understand how any career-related changes affecting compensation could impact your support requirements.

Three situations that can affect support obligations

Texas uses a formula to calculate child support based on the noncustodial parent's net income and resources. The lower-earning spouse must request spousal maintenance. In either situation, it's essential to know how any changes to your income can affect these payments. Here are three scenarios:

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In most cases, child support payments end in Texas when your child graduates from high school or turns 18 years old, whichever comes last.For example, if your child is still enrolled in high school after turning 18, support continues until they graduate. If they graduate at age 17 or younger, support typically ends the same month they turn 18 years old.

Support may continue for children with disabilities

There are exceptions. Support payments may be required beyond a child's 18th birthday and high school graduation in certain circumstances. If the child has a disability, support can be ordered for an “indefinite” period. For that to happen, the court must believe that:

  1. The child requires substantial supervision and treatment.
  2. The child cannot care for themselves due to a mental or physical disability, regardless of whether they live at home or in an assisted living facility.
  3. The child's disability existed or was known to exist before they turn 18 years old.

The formula for calculating support for a child with special needs is different from a standard child support order. Payments are actually established on a case-by-case basis.

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Why is it important to be proactive with your divorce? Divorce is a daunting step. The stress or dread it can generate often results in differing reactions for people in Frisco, McKinney and surrounding areas.

Some are afraid to take the plunge and file for divorce, even though they know their marriage is over. Others belong to the “hurry up and get it over” camp, understandably wanting the pain to end quickly.

However, when parents end a marriage, it's crucial to protect their children's best interests, as well as their own, and fight for the best financial outcome now and in the future.

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Child support payments can make a significant difference in a child's life after parents decide to end their relationship. It is also one of the most crucial issues to address during a divorce or break-up between parents. Working out who will pay, how much and how the payments can be used typically adds to an already tense situation.

Raising a child is expensive, regardless of whether parents live together or apart. Support payments are calculated by the state, and courts can have the final say on how the funds are used to support a child's upbringing, ensuring that their basic needs are met and preventing future complications or hardships.

Repercussions for neglecting or refusing to make payments

Texas has stiff punishments for child support evaders. Parents who miss payments can be found in contempt of court. Consequences include:

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A family lawyer does much more than simply provide legal answers. Our lawyers explore a variety of different solutions to help you achieve your goals and secure your family's financial and emotional future and stability.

To discuss your case or set up a consultation, call us at 972-562-9890 or use the online contact form.

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