Top Child Support Lawyers in Arlington, Texas

Child support issues can be yet another hurdle you must overcome in order for your divorce to be final. In the state of Texas, it is physical custody—the amount of time a parent spends with a child—that determines child support payments. From that point, the amount of the payments is based on a percentage of the non-custodial parent’s income. While parents are free to pay more than the guidelines determine, they are typically not allowed to agree between themselves to pay less child support.

There may be certain circumstances where the result from the Texas child support guidelines would be unfair to a parent or child, meaning the court could adjust the amount of support, either up or down. At Jackson, Landrith & Kulesz, PC, we understand the journey a divorce can take you on, and that this particular journey might not always be easy or pleasant. What our firm brings to the table is a high level of experience, skill, and knowledge, as well as compassion for your current situation. No matter what side of the child support issue you are on—receiving or paying—we vow to work hard to help pursue an equitable result. If you are involved in a divorce or have a child support issue at hand, contact Jackson, Landrith & Kulesz, PC for the legal help you need and deserve.

Need help with child support? Call (817) 587-6452 or contact us online to speak with a child support lawyer in Arlington, Texas, who can guide you toward a fair and practical solution.

Factors in Texas Child Support

In the state of Texas, one parent may be ordered to make periodic payments to the other, depending on possession of the child and the overall financial situations of both parents. The ultimate goal is to provide the same standard of living for the children that they enjoyed while their parents were married. The factors considered by the court when determining child support will include—at a minimum—the following:

1. The costs the parent with visitation will incur when making the trip to see the child;
2. What level of financial resources both parents currently have;
3. The age of the child;
4. Any special needs the child may have;
5. The degree to which each parent is able to contribute to the support of the child;
6. What level of access each parent will have following the divorce;
7. Whether childcare will be necessary as a result of the employment of either parent;
8. If a parent has custody of other children or if the parent is currently paying or receiving child support for other children, this will be taken into consideration;
9. The child’s health care needs;
10. The child’s educational needs, including future educational needs;
11. The financial obligations of each parent;
12. Provisions for health care and insurance for the children, and
13. Any other relevant factors.

Percent of Income Model

Once the courts have established which parent will pay child support, the state of Texas operates on a percentage of income model, which is determined by factoring in the number of children requiring support. Many people believe that this particular model does not allow for other pertinent details, making it somewhat less than exact. In its most basic form, the percent of income model will apply the following to the parent ordered to pay child support in a somewhat arbitrary manner:

• One child=20% of Obligor’s Net Resources
• Two children=25% of Obligor’s Net Resources
• Three children=30% of Obligor’s Net Resources
• Four children=35% of Obligor’s Net Resources
• Five children=40% of Obligor’s Net Resources
• Six or more children=Not less than 40% of Obligor’s Net Resources

Keep in mind that “net resources” can be defined rather broadly, and that if the net resources of the parent obligated to pay child support exceed $8,550 per month, they could be ordered to pay additional amounts above and beyond the percent of income model. In addition to the monthly child support payments, the parent may also be required to maintain health and dental insurance for the children under his or her employer's health insurance policy.

The court will usually provide orders on who is to pay deductibles and uninsured expenses. The court may also order the parent to secure life insurance in an amount large enough to cover the amount of child support that would have been due until the children reached the age of 18. Remember to always depend on your child support attorney in Arlington for his or her informed advice as to what the courts will consider when deciding your particular child support case.

Modifying And Enforcing Child Support Orders

After a child support order is entered, life circumstances often change, and you may need guidance about whether a modification is appropriate. A parent might lose a job, receive a promotion, remarry, or experience a significant change in health that affects the ability to pay or the needs of the child. In Texas, you generally must show a substantial change in circumstances or meet certain time-based criteria before the court will consider changing an existing order. We help you review your current order, compare it to your present situation, and determine whether requesting a modification in the appropriate Tarrant County court is likely to be considered.

Enforcement is another common concern, particularly when one parent falls behind on payments or refuses to follow the court’s instructions. If you are not receiving the support ordered, we can help you document missed payments, communicate with the other parent, and, when necessary, pursue enforcement through the local courts that hear child support matters in and around Arlington. Possible enforcement tools can include wage withholding, payment plans, and other remedies allowed under Texas law, and we will explain how each option could affect your finances and your relationship with the other parent. When you work with a child support lawyer Arlington parents turn to for help in difficult situations, you have a guide who can walk you through both modification and enforcement with a focus on long-term stability for your family.