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A Child Support Lawyer in Houston That Will Help Reach a Beneficial Outcome for Your Child
We aim to protect our clients’ rights while ensuring their children are cared for. Child support disputes can be incredibly stressful, so we always try to create a cooperative approach between parents. Unfortunately, this isn’t always possible. Even the most contentious cases can have a clear outcome with clear Texas child support guidelines available. Of course, your unique situation will dictate how your case plays out. Contact our law firm today to learn more about your rights and how to create a fair child support agreement for everyone involved.
Who Has to Pay Child Support in Texas?
You could have the best team of child support lawyers in America on your side, but if you’re a noncustodial parent, it’s still very likely that you’ll be obligated to pay child support. This is even the case when an order for joint managing conservatorship is in place. Even though such an order essentially grants legal custody to both parents, judges usually appoint a primary joint managing conservator. This is the individual who will choose the child’s residency, and in most cases, this means they’ll also be the primary physical custodial parent. In such cases, Texas courts require support payments from noncustodial parents.
Once the court issues child support orders — or when a judge affirms agreements — these orders last until the child turns 18. These payments go to the custodial parent and are to be used for the care of their child. Texas law also requires the noncustodial parent to obtain health insurance for their child as long as it’s not overly expensive. Other medical costs are generally shared between both parties. It’s important to keep in mind, however, that these are all general rules. Parents working together can often reach a more beneficial agreement for their situation.
How Much Are Child Support Payments in Texas?
While Texas courts will order a specific amount of child support to be paid, this number will vary by case. Texas guidelines decide how much child support a parent must provide. If you only have one child with a former romantic partner, you’ll be expected to pay 20% of your monthly income to the custodial parent. For every additional child, you’ll need to add 5% to this number. This 5% increase continues with each additional child until you have five kids. If you have more than five children, you must provide at least 40% of your income toward their support.
Of course, this is another Texas child custody law area that is not set in stone. If the custodial and noncustodial parent agree, the judge will likely sign off on the arrangement. It is important to note, however, that custodial and child support issues cannot be decided by marital contracts (e.g., pre- or postnuptial agreements). Texas courts will consider any elements contained in such a contract unenforceable. This means child support cases will need to be decided once it’s clear that two parents are going their separate ways.
Are There Exceptions to Child Support Obligations?
The rules may seem straightforward if you’re going through a child support case. Of course, not everything is as simple as it may seem — particularly when family law issues are involved. It turns out that there are many exceptions to these financial obligations in Texas. That’s why speaking with experienced child support lawyers in Houston is wise, regardless of your situation. To show how nuanced these rules can be, though, simply consider the following exceptions to Texas law:
- Child support commitments can persist after age 18 if a child is still in high school.
- A noncustodial parent’s obligation can end if their child is emancipated
- Financial responsibilities can continue long after the age of 18 if a child has physical or mental disabilities
- Support obligations may end in a custody case if the paying parent experiences a significant medical crisis
- The death of a child ends all obligatory support payments
Texas child support issues can be complex, and your unique situation will majorly affect any final court order. This is one reason why seeking legal representation can prove so invaluable. Once an order is in force, you’ll have to request a modification to make any changes. That’s why reaching an appropriate and fair agreement in advance is so beneficial. And if there are special circumstances in your case, they must be presented to a judge who can decide whether they’re relevant. Whether you’re a custodial or noncustodial parent seeking to understand your situation better, we will provide the legal assistance you need.
Is There a Statute of Limitations on Child Support in Texas?
Failing to pay child support in Texas is a crime. It can result in jail time, but in many cases, the government will merely garnish a person’s wages or intercept their tax refund to cover their obligation. Of course, there are understandable situations when you may not be able to pay what you once could. If you are in such a situation, contact our law office today to learn about seeking a child support modification. However, if you’re a custodial parent whose former partner is behind on payments, it’s contingent on you or your attorney reporting this fact. Failing to do so could eventually result in an economic loss since there is a statute of limitations on child support in Texas.
If someone fails to meet their full support obligations, the custodial parent has ten years from when their child turns 18 to seek repayment. However, this changes if no child support order is issued in the first place. If this is the case, the statute of limitations drops to four years following the 18th birthday of the child. Because of these limitations, seeking an enforcement order promptly is important. Understandably, you may feel swamped and too busy to go through this process, but it’s likely the only way to secure the money necessary to care for your child.
Contact a Child Support Lawyer in Houston Today
Even though Texas has clear child support guidelines, it doesn’t mean every case is cut and dry. Our state expects both parents to provide financial support for their children, but there are nuances to the law that can result in similar cases with very different outcomes. And even in situations where a child support order seems straightforward, unexpected costs can throw everything into disarray. That’s why seeking legal representation is important before making major decisions or commitments regarding child support. A Houston family law attorney can help in this endeavor.
We strive to simplify any family law issues our clients are going through. We understand that these matters can elicit extreme emotion, but when it comes down to it, every good parent wants what is best for their children. Our goal is to help you achieve this. We can assist in mediating an arrangement that’s acceptable to everyone and enforceable by the courts. And if you can’t agree, we can help you figure out the next steps and how to protect your and your child’s rights. Contact us today to schedule a one-on-one consultation with an experienced child support lawyer in Houston. We’re ready to help.