(512) 236-1315

Austin Child Support Lawyer

Austin Child Support Lawyer

Do you need assistance with a child support matter in Austin, TX? Our Austin child support lawyers can help you with legal representation. You can count on Kazen Family Law & Divorce Lawyers for securing child support or obtaining a fair payment amount. Call our law offices in Austin, Texas, to schedule a free consultation today at (512) 236-1315.

Our attorneys have over 19 years of experience when it comes to helping families resolve sensitive family law matters. We know that although Texas has child support guidelines, they aren’t always set in stone.
Clients like you have trusted us to protect their interests since we started our law firm in 2005. You can also trust that we know how to handle even the most complex case. Contact us today for more information.

Why Call Kazen Family Law & Divorce Lawyers for Help With My Child Support Case in Austin?

Why Call Kazen Family Law & Divorce Lawyers for Help With My Child Support Case in Austin?

Most parents want to put their child’s needs first. Still, as a parent, it can be difficult to work out who pays for what your child needs–especially in the midst of a contentious divorce. Emotions tend to run high even in the most amicable situations.

Our Austin family lawyers at Kazen Family Law & Divorce Lawyers can help. We know that it can be overwhelming when you’re navigating sensitive issues involving child support and custody.

When you hire our top-rated attorneys, you’ll have a supportive team to:

  • Explain Texas child support laws so you understand your rights and obligations
  • Help you gather the information needed to calculate child support obligations
  • Explore all strategies and identify the best course of action
  • Help you resolve complex issues related to modification and enforcement of child support orders
  • Facilitate mediation and negotiate to reach a child support agreement that’s fair
  • Represent you at all hearings and at trial

To learn more, call our Austin family law attorneys to arrange a free consultation today.

Overview of Texas Child Support Laws

Until a child turns 18, both parents are required to support them financially under Texas family laws. Parents who are married must jointly support their children. Two parents who have never married are also obligated to support their children.

One parent may be ordered to make cash payments to the child’s other parent, often to the custodial parent with primary child custody. The court can also order parents to provide medical and dental insurance. However, note that child support obligations aren’t conditioned on whether a parent has possession of, or access to, the child. Each parent is obligated to support their child regardless of custody arrangements.

The obligation to support a child doesn’t end just because two parents divorce. Support obligations, however, do become more complex. It’s also possible that Texas family judges will order a parent to pay retroactive support if they haven’t supported the child in the past.

Can I Receive Child Support Before My Divorce Is Finalized?

Yes. Family law judges can issue temporary orders requiring parents to pay child support before a divorce is finalized. Generally, the interim payments stop when the divorce decree is finalized.

How Long Do Parents in Austin Have to Pay Child Support?

While all parents are required to support their children, child support obligations don’t last indefinitely.

Parents in Texas may be required to pay child support until:

  • The child turns 18
  • The child graduates from high school, if later than the child’s 18th birthday.
  • The child is emancipated through marriage or otherwise.

Parents of disabled children may be required to provide financial support indefinitely, especially if the child is unable to support themselves.

How Do Texas Family Courts Determine the Amount of Child Support a Parent Must Pay?

When determining how much a parent will pay in child support after a divorce, the goal is typically to ensure that the child enjoys the same standard of living as they did prior to the divorce.

Texas has detailed guidelines that determine how child support obligations and rights are determined. The courts begin by evaluating the financial resources of the noncustodial parent’s income. The guidelines generally apply when the parent’s net monthly income is no more than $7,000 (the $7,000 amount is adjusted from time to time).

The following amounts are subtracted from the basic income level:

  • Social Security taxes
  • Federal income tax, based on a single taxpayer claiming one personal exemption and the standard deduction
  • Any union dues withheld from wages
  • Health insurance costs for the parent’s children if they are withheld from income

All of the parent’s resources are considered, considering any money the parent is actually receiving. 

That includes:

  • Wages from employment
  • Retirement and pension benefits
  • Capital gains
  • Annuity payments
  • Most Social Security benefits
  • Disability benefits
  • Most veteran’s benefits
  • Interest income
  • Workers’ compensation 
  • Unemployment income
  • Gifts, prizes, or inheritance
  • Any spousal maintenance or alimony 

Parents will be required to provide documentation about their resources. That documentation includes income tax returns, pay stubs and financial statements.

Once the court determines the parent’s financial resources, the court will apply a percentage based on the number of children to be supported. Generally, the more children involved, the higher that percentage will be. Courts also consider whether the parent is paying child support from children of a prior marriage.

How Are Child Support Payments Made in Texas?

Courts have discretion in determining how a parent must pay child support, whether via:

  • Periodic payments 
  • Lump sum payments
  • Purchase of annuities or life insurance (to ensure child support is paid if the parent dies before child support obligations end)
  • Setting aside property
  • Using retirement benefits
  • Any combination of the above options

In the end, the goal is to ensure that the paying parent complies with the final child support order.

What Does the Court Consider When Determining a Parent’s Child Support Obligations in Texas?

Generally speaking, child support obligations are based on the paying parent’s financial resources and the number of children to be supported. However, there are situations where the parent’s financial resources are difficult to identify. 

Courts have broad discretion to consider a wide variety of factors, including the parent’s:

  • Assets
  • Residence
  • Employment record and job skills
  • Education 
  • Earnings record
  • Job skills
  • Record of seeking employment
  • Age and health
  • Criminal history
  • Job opportunities in the community
  • Prevailing wages in the parent’s community
  • Whether employers who are willing to hire the parent exist

Typically, these factors are relevant in situations where the parent is unemployed or underemployed. Of course, when a parent actively tries to evade their fair child support obligations, the situation becomes much more complicated. It will be critical to hire an experienced Austin child support attorney who can protect your family.

Our team at Kazen Family Law & Divorce Lawyers is prepared to help your family resolve even the most complicated issues. Contact our child support lawyers in Austin today to learn more about your legal options.

How Do I Request Modification of an Existing Child Support Order in Texas?

Depending on your child’s age, child support obligations could continue for years or even more than a decade. A lot of different things can happen during that time. 

Because the law recognizes that circumstances do change, parents and Texas can request modification of a final child support order in certain situations. That said, only the court can modify a child support arrangement under Texas law. You can’t simply agree to changes with your child’s co-parent.

You can request modification based on the following:

  • Substantial and material change in circumstances of the parent or child, or
  • Three years have passed since the initial order was finalized, and a difference in monthly payment by either 20 percent or $100 from the child support guidelines.

As a parent, you can request a review of child support obligations and rights every three years.

Obtaining modification of an existing child support order can be complicated. If your circumstances have changed, contact our law firm in Austin today. We can stand by your side and help you throughout the entire process.

What Are the Possible Penalties for Failure to Make Child Support Payments in Texas?

Courts in Texas take child support obligations seriously. Failure to pay can carry a wide range of penalties

Depending on the situation, courts can penalize non-compliant parents by:

  • Garnishing wages
  • Accessing bank accounts
  • Intercepting federal income tax returns and other money due to the non-compliant parent
  • Filing liens against the parent’s assets and property
  • Suspending the parent’s driver’s licenses, professional licenses, and hunting or fishing licenses

You can also file a lawsuit against the non-compliant parent. Non-compliant parents can face contempt of court charges and even jail time.

Call an Experienced Austin Child Support Lawyer to Schedule a Case Review Today

When dealing with child support matters, it’s critical to have an experienced Austin child support lawyer by your side. While Texas guidelines will guide the process, disputes often arise. Fortunately, our lawyers understand the child support laws inside and out. Contact our legal team at Kazen Family Law & Divorce Lawyers to schedule a free consultation today at (512) 236-1315.

Visit Our Family Law Office in Austin, TX

Kazen Family Law & Divorce Lawyers
609 W 9th St Suite 101, Austin, TX 78701
(512) 236-1315

 

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