New Braunfels Child Support Attorney

Lawyer Working With Parents to Address Child Support Issues in New Braunfels, TX

When raising a child, financial resources will be needed to cover housing, food, clothing, school supplies, doctor visits, and many other everyday needs. When a child's parents are not living together because they have broken up or chosen to get a divorce, they may both be required to contribute to the costs of raising their children. Child support orders can be put in place for this purpose. Whether a parent will be paying or receiving support, an accurate child support order can be crucial, because it will affect their household budget every month until a child reaches adulthood.

At Hill Family Law, our attorney works with clients to establish child support orders by ensuring that income is calculated correctly, the right percentages are applied, and the proper expenses will be taken into account. He can also work with clients to update child support when necessary or collect payments that have gone unpaid.

Calculating Child Support Payments

In Texas family law cases, child support calculations will begin by determining the paying parent's monthly "net resources." This includes nearly every source of money a parent receives, such as:

• Employment income like wages, overtime pay, commissions, tips, and bonuses.
• Self-employment income earned through a business
• Investment income, including interest, dividends, royalties, and money earned through rental properties
• Benefits such as retirement and pension payments, Social Security benefits, unemployment compensation, disability benefits, and workers' compensation.
• Other sources of ongoing income, including severance pay, income from a trust, and annuities

After calculating a person's gross income, Social Security and Medicare taxes, federal and state income taxes, union dues, and the costs of health and dental insurance for a child may be deducted to determine their net income.

The Guideline Percentages for Child Support

Once a parent's net resources have been determined, child support will be calculated by applying a percentage based on the number of children a parent is supporting. This percentage starts at 20 percent of a parent's net resources for one child, and it increases by five percentage points for each additional child, up to 40 percent for five children. If a parent has six or more children, 40 percent is the minimum percentage, but a court may determine that a higher percentage is appropriate.

Medical, Dental, and Other Added Expenses

The amount of child support calculated using the guideline percentages is only one part of a complete child support order. A parent may also be required to contribute to:

Medical Expenses

Parents will be required to maintain health insurance coverage for their children. In many cases, one parent will be able to obtain coverage through their employer, and the other parent may be ordered to reimburse them for some of the costs of the premiums. Expenses that insurance does not cover, such as deductibles, copays, and prescriptions, may also be divided between the parents.

Dental Expenses

In addition to medical insurance, parents may be required to divide the costs of dental insurance for children. They may also share expenses related to dental care, such as the costs of braces or other orthodontic treatment.

Other Expenses

When necessary, child support payments may be adjusted to address additional costs, such as day care, private school tuition, or extracurricular activities. Parents may agree on what expenses will be appropriate, or a court may order a parent to pay certain costs.

Modifying a Child Support Order

It may be necessary to adjust the amount of child support at a later date. A parent may ask the court to modify child support based on a substantial change in circumstances. These may include changes in the circumstances of either parent or changes in a child's needs. For example, the loss of a job may make it difficult for a parent to make ongoing child support payments, so they may ask for a temporary pause or reduction to payments until they can find a new job.

Either parent may file a child support modification request with the court. The other parent will be formally notified of this request, and a hearing may be held to determine whether child support should be adjusted. The court may only modify payments after the date on which a parent was served with a modification request by the other parent or when the parents appear in court for a hearing. This makes the timing of modification requests important, since previous obligations will remain in effect until they are modified.

Enforcing Unpaid Child Support

When a parent stops paying child support, there are multiple tools available to help the other parent collect what is owed. Income withholding or wage garnishment may be used to take child support directly from a parent's paycheck. In most cases, child support orders will allow for these automatic deductions. However, if a parent still falls behind on payments, a motion for enforcement may be used to collect the unpaid amounts.

A court may issue a judgment requiring a parent to pay the past-due amount plus interest. It may also place liens on a parent's bank accounts or other property, intercept their tax refunds or lottery winnings, and report their failure to pay child support to credit bureaus. If a parent is at least three months behind on paying child support, they may face the suspension of their driver's license or a professional license. In cases involving a repeated failure to pay, a court may find a parent in contempt, which can lead to penalties like fines and jail time.

Contact Our New Braunfels, Texas Child Support Lawyer

Child support will not only affect a parent's financial stability, but it can ensure that a child will be able to maintain a good quality of life. At Hill Family Law, our lawyer can work with clients to make sure child support orders are calculated correctly, and he can assist with updating these orders when circumstances change or enforcing payments when necessary. Contact our New Braunfels, TX child support order attorney at 830-229-2129 to schedule a free consultation.