Austin Child Support Lawyer

Children have the right to the financial support of both their parents. Even though most parents would agree that they owe their children the most comfortable life they can provide, child support can become a contentious issue between parents who are splitting up or divorcing.

Working with a skilled Austin child support lawyer can help smooth the negotiations. The skilled family attorneys at Kimbrough Legal, PLLC, could explain whether there is cause to deviate from the standard child support formula and help you and your co-parent reach an agreement that benefits your children.   

Determining the Amount of Support

Children are entitled to receive child support until they turn 18 or graduate from high school, whichever happens last. Like other states, Texas uses a formula to determine the amount the parent who spends less time with the children must pay in child support to the parent who cares for the children most of the time. The formula considers the paying parent’s net income and how many children they must support. 

However, judges do not always follow the formula exactly. According to Texas Family Code §154.123, other factors can influence a child support payment, including the following:

• Whether one parent’s income is especially high or low
• How much time the children spend in the homes of each parent
• Which parent provides health and dental insurance for the children
• Whether any of the children have special health or educational needs
• Whether any of the children have exceptional skills or abilities that should be nurtured and supported

Parents can negotiate a child support agreement themselves and incorporate it into their parenting plan. Doing so gives them more control over the actual amount and allows them to tailor it to meet their needs and resources. 

If the parents’ agreed child support payment is less than the amount called for in the guidelines, a legal professional could present arguments to the judge demonstrating that the agreed payment supports the children’s best interests.

General Child Support Guidelines

Below are rough estimates of how much of the non-custodial parent’s monthly income will be set aside per number of children:

• One child – 20 percent
• Two children – 25 percent
• Three children – 30 percent
• Four children – 35 percent
• Five children – 40 percent
• Six or more children – >40 percent

If the non-custodial parent already has children they are legally required to support, then these percentages may be reduced. An Austin child support attorney could review your circumstances and negotiate a fair child support order or ensure your order is aligned with the statute.

Making and Receiving Support Payments

Child support payments are not paid directly from one parent to the other. Instead, all payments go through the Child Support Disbursement Unit (SDU) of the Texas Attorney General’s Office. This method ensures there is an official record of child support and can trigger enforcement action if a parent falls behind.

When a judge finalizes a child support order, the Attorney General’s office gets a copy and enters it into an electronic system. Payments can come directly from a parent’s wages. Alternatively, the parent can arrange for electronic disbursements from a bank account, make payments using a credit or debit card, send a check by mail, or pay in cash in person at a kiosk. 

The receiving parent typically receives a direct deposit to their bank account. Parents also have the option to receive child support through a prepaid Texas Payment Card, which can be used like a Visa debit card.

Modifying Child Support Orders

If necessary, a child support order can be modified. Generally, parents may request a modification if the current order has been in place for at least three years. A parent also has the right to seek modification if they can show that applying the formula would result in a deviation of $100 per month or 20 percent of the current child support payment.

A parent can seek modification when they demonstrate that a substantial change in circumstances makes the current order unfair or untenable. This can include a significant increase or decrease in income or resources, the birth of an additional child to the paying parent, or a change in custody arrangements. An Austin attorney could review a situation with a parent and advise whether seeking a modification is warranted in a specific case. 

Parents should be aware that courts can impute income in some cases. When a judge finds that a parent is trying to limit their child support obligation by intentionally earning less than they could, the court could impose a payment amount based on the parent’s potential income. 

Contact an Austin Attorney to Resolve Your Child Support Issues

Child support can be a fraught issue for many families. Although calculating the required amount by formula is an attempt to take the emotion out of child support, the issue can cause significant anger and distress.

An Austin child support lawyer could help you reach an agreement about child support or modify a current order. Call now to resolve your child support issues.