Austin Child Support Lawyer
Work with a tenacious Austin child support lawyer to successfully navigate contentious issues in divorce and parenting.
Child Support Attorney
File for Child Support in Austin, TX
Whether going through a divorce or separation as unmarried parents, everyone has a financial duty to support their children. Texas bases monthly support payments on the non-custodial parent’s monthly income, minus allowable deductions.
Additionally, child support calculations apply to other forms of compensation, including commissions, bonuses, inheritance, and assets such as rental properties or second vehicles.
Even when the obligor parent’s financial situation changes, they are responsible for making payments. In turn, the custodial parent must apply those funds to the care and raising of the child.
Are you collecting support or about to become a single-parent household?
At The Law Office of Aishah McCoy, we take care to review your situation, explain the state guidelines, and help you gather the required information.
Schedule a consultation with an Austin child support lawyer. Call (214) 507-0892 or fill out our form to learn more.
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How to Calculate Child Support in Texas
To protect the best interests of the child, Texas family law has a strict set of guidelines for child support. While proceedings are capped at $8,550 per month, the court has the power to increase the amount according to income and the needs of the child.
Currently, Texas child support guidelines follow these calculations:
- One child: 20% of net income
- Two children: 25% of net income
- Three children: 30% of net income
- Four children: 35% of net income
- Five+ children: 40% of net income
The non-custodial parent has the option to pay more than required by the guidelines. However, they cannot pay below the amount unless the parties involved agree. If you need to modify court-ordered payments or divorce rulings, our tenacious child support attorneys in Austin are ready to assist you.
Aishah is a first rate lawyer. She is completely professional & explained all the options available to me. She was patient and courteous, always prompt with her responses. The best thing about her is that she genuinely cares about the well being of her clients & strives for a win-win outcome at all times. I highly recommend her for any legal help you may need.
Why Work With Our Firm
With You Every Step of the Way
When a non-custodial parent refuses to pay child support, it is critical to understand your rights as a parent. Under Texas child support law, there are several methods to enforce and collect regular or past-due payments. As a trusted Austin child support lawyer, Aishah McCoy works with her legal team to help you find the best solution for your case.
We understand that every family and every case is unique. That’s why you need an attorney who is able to provide the personalized attention and preparation that your case deserves.
Support matters we handle:
- Modifications to Parenting Plans
- Divorce Modifications
- Child Custody
Child Support Services
Child support is often a point of major concern in the divorce process. Custody and support arrangements intertwine because Texas law sets the standard that physical custody determines who pays support. When you need help navigating these matters, contact Austin child support attorney Aishah McCoy.
Whether you pay or receive child support, there is likely to be a disagreement in the calculations. Ultimately, the court makes the final ruling, legally binding once part of your divorce decree. Still, there are situations in which you can request a modification for child support.
Often, this is due to a substantial life change, such as losing a job or receiving a promotion. Requesting a modification requires proof of these changes, and our legal team can build a strong foundation for your argument.
When the person ordered to make support payments fails to, you have the option to take them to court. Generally, courts either order a full payment to cover missed support or increase the monthly amount to pay it off over time.
In some cases, the court may also order that any attorney fees incurred in enforcement be paid by the non-custodial parent.
Austin Child Support Lawyer FAQ
It’s normal to have questions in the face of major life changes. Whether you need to learn about modifying or enforcing a child support order, our legal team is here to help. Below are a few of the most common questions we see about support and maintenance payments.
Usually, the court mandates that the non-custodial parent pay child support. This obligation continues until the child turns 18 or graduates from high school, whichever occurs later. There are special conditions where support may be extended or altered.
Child support is generally determined by the guidelines defined in the Texas Family Code. The number of children, the income of the parent, and the specific needs of the child(ren) are among the factors considered.
The Role of an Austin Child Support Lawyer
Navigating the complexities of child support laws can be daunting. An experienced Austin child support lawyer can provide you with the necessary guidance. They can assist in understanding your obligations, rights, and the processes involved. In case of disputes or changes in circumstances, legal representation can help in negotiating, mediating, or litigating child support orders.
Remember, every child support case is unique. Reach out to an Austin child support lawyer to ensure you have the right support in understanding and handling your specific situation.
Child support becomes necessary when parents are either separated, divorced, or have children outside of marriage. This financial assistance is designed to aid the custodial parent with expenses related to the child’s well-being.
Typically, the payment covers costs such as food, housing, health care, education, and other essential needs. The idea is to ensure that the child maintains a standard of living similar to what they would have if both parents were together.
Child support payment amounts differ for each couple, reflecting their individual circumstances and childcare arrangements. Here’s a simple breakdown of how these amounts are typically calculated in Texas.
- Start with Gross Income: The first step is to consider the noncustodial parent’s gross income, which is income before any taxes or deductions.
- Subtract Certain Amounts: From the gross income, subtract Social Security taxes, federal taxes, union dues, and health insurance premiums for the children. The result is the parent’s net income.
- Calculate Net Monthly Income: Next, divide this net income by 12 months. This gives the monthly net income.
- Determine the Support Percentage: Now, multiply this monthly net income by a set percentage. This percentage depends on how many children require support.
The result of this multiplication gives the child support payment per child. This is the standard calculation used by Texas courts for up to $7,500 in monthly net income. If a parent’s income exceeds this, the court will decide if higher payments are warranted, but any increase must not exceed the child’s needs.
Contact an Austin Child Support Lawyer
Unfortunately, child support tends to become a subject of debate in divorce proceedings. Determining the initial amount or enforcing the payments can be a stressful undertaking. At The Law Office of Aishah McCoy, you work with a child support attorney Austin families rely on for determined representation.
We strive to help you settle support and custody matters quickly. Our legal team fights aggressively to pursue your best interests in mediation and in trial. To schedule an initial consultation with our team, contact us by filling out our form or calling (214) 507-0892.