“Albin Oldner Law, PLLC has done an excellent job in guiding us through the legal aspects of our case their compassion and child advocacy sets them apart from other attorneys who might have represented us.”
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Navigating the complexities of child support can be daunting, but having a skilled Frisco child support attorney by your side makes a difference. At Albin Older Law, our compassionate attorneys can offer the expertise and guidance necessary to safeguard your and your child’s rights and interests. Contact a top-rated Frisco family law attorney today.
Texas Family Code guidelines are designed to ensure that child support payments are fair and meet the child’s needs while considering the financial ability of the paying parent. The process considers various factors, including the parent’s income, the number of children, and any special needs of the child.
Here’s a step-by-step overview of how child support is calculated in Texas.
The first step is to calculate the monthly net income of the non-custodial parent (NCP), who is typically responsible for making child support payments. Net resources include all sources of income, including but not limited to:
From this total income, certain deductions are subtracted, including but not limited to:
Once the monthly net resources are determined, the court applies a percentage guideline based on the number of children the non-custodial parent (NCP) is responsible for supporting. As of the latest guidelines, the percentages are as follows:
Although the percentage guidelines provide a baseline for calculating child support, Texas courts have the discretion to order higher or lower amounts based on several factors, including but not limited to:
In cases of joint custody or where the NCP has significant visitation time that reduces the financial burden on the custodial parent, the court may adjust the child support amount accordingly.
It’s important to note there is a cap on the monthly net resources figure used to calculate child support. This cap is subject to periodic adjustment to reflect inflation and changes in the cost of living. Payments calculated from net resources above this cap may require additional legal justification.
The Texas State Department of Social and Health Services provides an online calculator for initial estimations. This tool offers a preliminary overview of potential child support payments based on inputted data. It’s a useful starting point for understanding financial commitments.
However, this online calculator is no substitute for professional legal advice. A seasoned Frisco child support attorney understands nuances that the calculator might overlook. Partnering with such an expert ensures your specific situation is thoroughly evaluated and accounted for in your child support case.
Yes, Texas does recognize retroactive child support, which is sometimes referred to as “back child support.” This concept is intended to reimburse the custodial parent for expenses incurred in raising the child that the NCP should have shared. Retroactive support can extend back to the child’s birth in some cases.
When deciding whether to order retroactive child support and the amount to be paid, Texas courts consider several factors, including but not limited to:
While Texas law permits retroactive child support, there are limits to how far back a court can go in ordering these payments. Generally, courts are limited to ordering retroactive child support for the four years preceding the filing of the suit. However, there can be exceptions to this rule, particularly if the NCP took steps to avoid the establishment of support.
The amount of retroactive support is calculated based on the child support guidelines in effect during the periods in question, considering the NCP’s income and the child’s needs.
In Texas, the general rule is child support payments continue until the child reaches 18 or graduates from high school, whichever comes later. Exceptions may apply, such as extended support for a child unable to self-support due to a disability, highlighting the court’s focus on the child’s wellbeing.
Understanding child support specifics can be complex. Consulting with trusted Frisco child support lawyers ensures you fully grasp your duties and rights. At Albin Oldner Law, we can navigate these complexities and provide sound legal advice.
If a parent fails to meet child support obligations, enforcement actions may be necessary. A Frisco child support lawyer can support the custodial parent in such instances. The non-compliant parent could face various penalties, including wage garnishment, asset seizure, or criminal charges.
Albin Oldner Law stands ready to offer top-tier assistance with child support matters in Frisco. Whether establishing, enforcing, or modifying a child support order, our attorneys provide expert guidance and representation, tailoring our services to meet the unique needs of your case.
Contact Albin Oldner Law online or call us for a consultation. Let our expertise work for you, ensuring your child receives the support they deserve. You’re not alone in this—let us help.
Yes, child support can be changed in Texas under certain circumstances. The law recognizes that life situations evolve, and what was once a fair and feasible child support arrangement may no longer be appropriate or sustainable. Here are the key points to understand about modifying child support in Texas.
A child support order may be modified if either parent experiences a significant change in circumstances. The Texas Family Code specifically allows for modification if:
To request a modification, the parent must file a petition with the court that originally issued the child support order. The process involves:
The court will consider various factors to determine if a modification is justified, including the best interests of the child, the needs of the child, and the parents’ ability to support their child. The court aims to ensure that the child support payment is fair and reflects the current financial situation of both parents.
If the court finds that a significant change in circumstances justifies a modification of child support, it can either increase or decrease the payment amount. The new amount will be calculated based on the state’s child support guidelines, considering the parents’ income, the number of children, and other relevant factors.
Given the complexities of modifying child support, seeking assistance from a knowledgeable family law attorney is invaluable. An attorney with Albin Oldner Law can help you understand the Texas child support process and represent your and your child’s best interests in court. Call (214) 423-5100 to get started.
Call Albin Oldner Law, PLLC at (214) 423-5100 or contact us online
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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