Child Support Attorney in Houston, TX
Support issues may be a source of great stress when matters of money and parenting overlap. A Houston child support lawyer can assist you if you need help with calculation, modification, or enforcement under the law.
Support is governed by Texas statutes and depends on factors such as income and the needs of the child. Establishing, modifying, or defending against the enforcement of support orders all require careful analysis by a Houston child support lawyer to protect your parental rights and financial interests.
Hire a Child Support Lawyer
Houston family law attorneys at The Law Offices of Tad Nelson & Associates are dedicated to supporting parents and their children throughout the life-changing process of family law litigation. Tad A. Nelson’s extensive experience in Texas courts means he understands the interplay between child support, custody, visitation, and any needed modifications.
Amber R. Spurlock is meticulous in her legal analysis and advocates on behalf of clients in a disciplined, organized manner. Her background in complex litigation work means she is experienced in reviewing financial documents and has practiced in both guideline calculations and enforcement actions.
Our approach to handling support cases begins with a pragmatic assessment of the relevant statutory guidelines, and our team works together to deliver the legal attention your specific case needs.
How Child Support Is Calculated Under Texas Guidelines
The calculation of child support in Texas is governed by statutory guidelines that are set out in Texas Family Code § 154.125. The court takes the paying parent’s net resources into account and then uses a percentage based on the number of children needing support.
The statute also imposes a cap on the net resources that are used to apply the guideline percentages. The court may order an amount other than the guideline amount if the evidence suggests that the application of the guidelines would be unjust or inappropriate.
As of 2022, 22% of children lived with their mothers alone, 5% with their fathers alone, and 4% in other arrangements, meaning many parents in America are navigating custody and financial support responsibilities outside of a two-parent household and may be subject to court-ordered child support obligations.
Modifying a Child Support Order After a Material and Substantial Change
The primary way that a child support order can be modified is when a material and substantial change of circumstances has occurred since the original order or the last modification. Typical examples include increases or decreases in income, unemployment or underemployment, disability, or a change in the custodial arrangement.
Modification may also be obtained if three years have elapsed since the date of entry of the last order, and the current amount of support is at least 20% or $100 different from the amount that would be ordered if the guidelines were applied at the time of modification. The court will need proof of financial information to make a determination on whether to modify an order.
Parties will want to seek a modification in a timely manner, since support obligations continue to accrue and be enforceable until modified by court order.
Child Support and High-Income Parents
Child support calculations for families with high incomes can be complex and may require additional analysis. Texas law places a cap on the amount of net resources that can be considered for the application of the guideline percentage amounts, but there is also a body of case law that indicates that evidence of the child’s proven needs may be considered by the court for families with income above the cap.
Providing financial support for children in accordance with these guidelines can help to maintain a level of financial stability for children in the state. Courts will look closely at financial documents in order to determine whether a deviation from the guidelines is justified.
Child Support and Self-Employed or Business Owner Income
The calculation of child support with a self-employed parent or business owner can be more complex, requiring a thorough review of financial records. This may include the examination of tax returns, profit and loss statements, business expenses, and retained earnings to accurately assess income.
Discrepancies in declared income and actual financial resources, including the legitimacy of business deductions and potential underreporting of income, are scrutinized. Given the potential variability of self-employment income, courts may consider historical earnings and financial trends.
FAQs
What Income Is Included When Calculating Child Support in Texas?
Sources of income to be included when calculating net resources for a parent’s child support obligation in Texas include wages, salary, commissions, bonuses, self-employment income, rental income, and other specified income. Certain other deductions are allowed before applying the guideline percentages. Documentation of the earnings and allowed deductions is important to arrive at a final support amount that is truly based on the statutory method of calculation.
Can Child Support Be Ordered if the Parents Were Never Married?
Child support may be ordered if the parents were never married. Legal parentage must first be established by acknowledgment or by adjudication in court. Once parentage is established, the court can order support in accordance with Texas law. The child’s right to financial support is not affected by the marital status of the parents.
What Happens if a Parent Moves Out of Houston After a Support Order Is Entered?
If a parent relocates out of Houston after a support order is entered, the support order is still enforceable until the court with jurisdiction modifies the order. A change of residence does not mean that a parent’s payment amount will change. The jurisdiction rules will determine which court has continuing jurisdiction for enforcement or modification. Enforcement of an order may also be possible if a parent moves out of state.
What Percentage of Houston-Area Children Live in Single-Parent Households?
About 27.8 % of Harris County’s children resided in single-parent households according to the U.S. Census Bureau American Community Survey 5-year estimates as of the latest reporting period. The survey measured single-parent households, a common demographic statistic that indicates the percentage of children living with one parent and no spouse or partner present.
Contact a Houston Child Support Lawyer
Child support issues can have a substantial impact on both your finances and your child’s quality of life. For anyone looking to initiate, update, or implement a child support order, a sound legal strategy is key.
Hire a child support lawyer at The Law Offices of Tad Nelson & Associates to learn more about your options and how to protect your family’s interests. Schedule a consultation today.