Denton Child Support Attorney
Denton County Child Support Lawyer Serving Denton
In Texas, children have the right to receive financial support from both of their parents. Thus, even if the child's parents are separated, each must ensure that their child's needs are met. In divorce or separation matters, a court may determine which parent pays child support to the other and how much those payments will be. Although this might seem like a straightforward process, it can be quite complex. Many factors must be considered to be sure that the child's best interests are protected and they are receiving the care they need and deserve.
If you're seeking child support payments or want to ensure that the amount you're ordered to pay is just, speak with our Denton family law attorneys at Magaña & Van Dyke. We'll help you understand what each parent's legal obligations are, how the court decides on payment amounts, and what you can do should your situation change. Matters involving children are often sensitive and delicate, which is why we will handle your case with the caring attention it deserves. Our attorneys will help you complete necessary paperwork, ensure deadlines are met, and develop a legal strategy for your specific situation.
We'll deliver the sound counsel you need throughout your case. Call us at 940-382-1976 or contact us online today.
How Is Child Support Determined?
Typically, child support is granted to the custodial parent -- the one who spends the most amount of time with the child. The non-custodial parent -- the one with the least amount of time with the child – is required to make payments. Child support is required until the child turns 18 years of age or graduates from high school.
Generally, courts will apply a set formula when determining child support amounts. The financial obligation is based on the non-custodial parent's net income. Income includes sources such as commission, overtime, bonuses, rental income, and Social Security benefits, among others. Federal, state, and Social Security taxes, as well as health insurance costs and union dues, will be deducted from the income to determine the parent's net resources.
In most cases, the support amount is based on a percentage of the net income as follows:
- 1 child: 20%
- 2 children: 25%
- 3 children: 30%
- 4 children: 35%
- 5 children: 40%
- 6 or more children: not less than 40%
If the parent is paying child support for other children they have from a previous relationship, that will be taken into account, and the court will make the proper adjustments.
Can Child Support Amounts Be Changed?
In general, the child support amount determined by the guidelines is considered correct. However, situations may arise that have a substantial impact on one or both parents' lives, requiring the amount to be changed. For instance, the paying parent may have lost their job, and they may no longer be able to maintain the current payment amount, or the payments may not be going to the parent with whom the child primarily lives. In such cases, the parent can ask the court to modify the initial order to reflect the current circumstances better.
At Magaña & Van Dyke, we handle all matters concerning child support, including reductions and modifications. We'll discuss your legal options and help find solutions for your particular situation.
What if the Non-Custodial Parent Isn't Making Payments?
Child support is a court-ordered arrangement, which means if a parent isn't meeting their obligations, they are violating the law. The parent who receives payments can file a motion with the court to have the child support order enforced.
If the non-custodial parent is found to be in contempt of court for failing to make child support payments, they can be sentenced to jail and/or fined.
Our lawyers can help you with your child support enforcement issue in Denton.
Contact Our Denton County Child Support Attorneys
Establishing a fair child support amount is vital for ensuring that your child receives the care they need and that your best interests are protected. Devoting 100% of our time to your case, we will work toward a favorable result for you.
Set up a free consultation and get the legal representation you need by calling us at 940-382-1976 or contacting us online.