Fort Worth Child Support Attorney

Advocating for Texas Parents in Child Support Matters

When you are going through a divorce or separation and have children, determining child support is one of the most important things you will need to do. Child support can be a complicated matter, but with the help of an experienced attorney, you can ensure that you protect your rights and your child's best interests.

At the Law Office Of Mark M. Childress, we have been representing clients in child support matters for over two decades. Our Fort Worth child support lawyers can help you understand your rights and obligations under the law and work to get a fair child support order in place. 

We can also assist with post-judgment modifications, enforcement, and other related matters.

Are you dealing with a child support issue? Contact our firm today at (817) 497-8148 to schedule a consultation with our child support lawyers in Fort Worth.

What Is a Child Support Order?

A child support order is a legally binding court order that requires one parent to make regular child support payments to the other parent. The child support order will specify the amount of child support that must be paid and when the payments are due. It will also specify how the payments must be made and how long the parent must make them.

Child support is typically established through the court system. In a divorce or separation case, the court will make a child support order as part of the final judgment. In a paternity case, the court will make a child support order as part of the paternity judgment.

How Child Support Is Calculated in Texas

Child support is determined by the court and is based on a formula that is set forth in the Texas Family Code. This formula is used to calculate the monthly net resources of the parent who will be paying child support, as well as the number of children that the parent supports.

The formula is as follows:

• 20% of the parent's net resources for one child
• 25% of the parent's net resources for two children
• 30% of the parent's net resources for three children
• 35% of the parent's net resources for four children
• 40% of the parent's net resources for five children

For six or more children, the court will determine the amount of child support based on the individual circumstances of the case. The court may also deviate from the guideline amount if it determines that the guideline amount would not be in the best interests of the child.

It is important to note that the court will consider the parent's net resources when determining child support. Net resources are calculated by taking the parent's total income and subtracting certain amounts, such as federal income taxes, state income taxes, Social Security taxes, union dues, health insurance premiums, and more.

Additionally, the court may consider other factors when determining child support, such as the child's financial needs, the parent's ability to pay, the child's age, and the child's health. The court may also consider the cost of daycare, education, and medical expenses.

Is There a Cap on Child Support in Texas?

The Texas Family Code sets forth a “cap” on the amount of net resources that a court can consider when calculating child support. As of September 1, 2019, the maximum amount of net resources that a court can consider is $9,200 per month. This means that if the parent's net resources are more than $9,200 per month, the court may only use $9,200 per month when calculating child support.

However, it is important to note that the court is not limited to this amount if the child's proven needs exceed the amount of the cap. In such cases, the court may order additional child support.

How Long Does a Parent Have to Pay Child Support?

In Texas, the court will typically order child support until the child turns 18 years old or graduates from high school, whichever comes later. However, if the child is disabled or has special needs, the court may order the parent to continue paying child support after the child has turned 18 years old.

Additionally, the court may order the parent to pay child support past the age limit if the child is still enrolled in high school and is reasonably expected to graduate before turning 19 years old. 

Can I Get Back Child Support If I Never Filed?

In Texas, the issue of back child support can be complex and may vary depending on individual circumstances. Generally, the right to seek back child support typically depends on whether a court order for child support was previously established.

If there was no court order for child support in place, and you never filed for it, it might be more challenging to retroactively claim back child support. However, there could be exceptions to this depending on the circumstances, such as if the other parent acknowledged paternity or there are other legal grounds for pursuing back child support.

How to Modify a Child Support Order

A child support order may be modified in Texas if there has been a material and substantial change in circumstances since the order was made. 

A material and substantial change in circumstances may include: 

• A significant increase or decrease in the parent's income
• The loss of a job
• A change in the child's financial needs
• A change in the child's health
• And more

If the parents agree to modify the order, they may be able to establish a new child support agreement and submit it to the court for approval. If the parents do not agree, the court will hold a hearing to determine whether the order should be modified.

How to Enforce a Child Support Order

A child support order may be enforced if the parent who is required to make child support payments is not doing so. Parents who are not receiving child support payments may be able to enforce the order through the court system. 

The court can help parents enforce child support orders in a variety of ways, such as: 

• Withholding the parent's wages
• Suspending the parent's driver's license
• Intercepting the parent's tax refund
• And more

In some cases, the parent may be held in contempt of court for failing to make child support payments. If the parent is held in contempt, he or she may be fined, ordered to pay the other parent's attorney's fees, and even sentenced to jail.

How a Child Support Lawyer Can Help

Whether you are seeking child support or you have been asked to pay child support, it is important to have an attorney on your side who can help you navigate the legal process.

At the Law Office Of Mark M. Childress, we can help you understand your rights and obligations under the law and work to get a fair child support order in place. Our Fort Worth child support lawyer can also assist with post-judgment modifications, enforcement, and other related matters.

Our firm is committed to providing exceptional legal services and personalized representation to each and every client. We will work closely with you to understand your unique needs and goals and develop an effective legal strategy that is tailored to your specific situation.

Contact our firm today at (817) 497-8148 to schedule a consultation with our child support attorneys in Fort Worth.