Strategic Solutions for Resolving Child Support Conflicts

No matter what side of the issue you may fall on, a child support issue can be challenging to navigate without legal representation. Texas child support can be overly complex, and any missteps could have long-lasting implications for you and your children.

Palmer Law Group has significant experience helping individuals involved in child support disputes resolve their legal issues so they can resume their lives. Whether you need help with a new child support order or modifying an existing order, our Katy attorneys are ready to help you when you need it most.

For more information about our child support legal services, contact our law firm today to schedule a confidential consultation. A qualified legal team member will gladly sit down with you and determine what options best suit your needs.

How Does Texas Calculate Child Support Payments?

Texas law uses a state formula to calculate the amount of child support that a noncustodial parent must pay to the custodial parent. Although both parents have a legal obligation to provide financial support to their children, in most instances, the noncustodial parent typically makes payments to the custodial parent.

The state calculates the child support amount based on the paying parent’s net income. Net monthly income is calculated by adding all of the noncustodial parent’s gross income, such as wages, salaries, benefits, Social Security and unemployment benefits, and any additional income, and then subtracting state and federal taxes and the child’s health insurance premium. Once this amount is determined, the final payment is based on the number of children the paying parent is supporting, but is capped at five or more.

How Long Will I Have to Pay Child Support Payments?

The Texas Family Code dictates that child support payments must continue until the child turns 18 or graduates from high school. Even so, contrary to popular belief, child support payments are not automatically terminated. Instead, you must obtain a court order to terminate the payments, and they will continue until a judge signs it.

Exceptions to the Rule

Some exceptions could extend or end child support payments early, and include:

• Child support may be extended indefinitely if a child is disabled and unable to support themselves
• If the child dies, child support payments are terminated
• The child becomes emancipated by enlisting in the military, getting married, or through a court order

If you fail to continue to make child support payments, you could face serious legal consequences. If you have questions about whether you are still obligated to pay support payments, contact our law firm to schedule a consultation with a Katy child support lawyer who can assist you with your legal needs.

What Happens if a Person Does Not Pay Child Support in Texas?

Although most child support payments are automatically deducted from wages, there are still circumstances in which a person may miss payments.

Texas law imposes strict penalties for those who do not pay child support. Because child support is enforced through a court order, those who do not comply can face severe civil and criminal consequences, including contempt of court. Those found in civil contempt can face daily fines, in addition to the child support they owe.

Civil Penalties

One of the most common civil penalties imposed by the State of Texas for non-payment of child support is license suspension. The Texas Attorney General has the legal authority to suspend a driver’s, professional, or recreational license of any parent who is in arrears.

Other common civil penalties include:

• Denial of new or renewed passports
• Interception of federal and state tax refunds or lottery winnings
• Liens are placed on the parents’ bank accounts, property, or other financial resources

Criminal Penalties

Individually, those who intentionally fail to pay court-ordered child support could be charged with a state jail felony if they have not made regular payments for two years or owe more than $10,000. Parents who owe more than 6 months of child support or more than $5,000 face a potential misdemeanor charge. If convicted of either of these charges, an individual could be imprisoned for failing to comply with the court order.

Can a Parent Stop Visitation if the Noncustodial Parent Does not Pay Child Support?

Texas law forbids one parent from preventing the other from visiting their child because the other parent is in arrears on child support. Under the law, paying child support and stopping visitation are two separate legal matters. Texas family courts always examine issues based on what they believe is in a child’s best interests and feel it is essential that children have a relationship with both parents, unless there is a valid reason to prohibit visitation.

Parents who try to withhold visitation could face substantial penalties, including fines or jail time. The Texas Family Code stipulates that a child has a right to visitation with a noncustodial parent, and preventing that could harm their relationship with both parents.

Suppose the other parent is behind on payments. In that case, the most strategic solution is to contact a knowledgeable child support attorney who can assess the case and help you understand your legal options. An attorney can assist you with pursuing payments through the state’s child support division.

Our experienced family law attorney is familiar with the legal complexities involved with child support laws. No matter what side of the case you may fall on, our law firm can assist you in addressing the legal challenges that come with child support enforcement.

When Can I Request a Child Support Modification?

One of the most frequent questions our law firm is asked concerns when a client can request a child support modification. State law allows a parent to request a modification if there has been a material and substantial change in circumstances or if it has been three years or more since the last order was issued. Even if it has been three or more, the amount requested must be at least $100, or at least 20% different from the current amount.

Some of the reasons that could facilitate the court ordering a child support modification include:

• An increase or decrease in the paying parent’s income
• The parent suffers a serious illness impacting their ability to work
• The parent has other children, and they are also responsible for supporting them
• A change in the child custody arrangement
• A change in the child’s essential needs, such as an increase in the cost of medical care or educational and extracurricular expenses

Requesting a modification of a child support obligation can be confusing and is best handled with the help of an experienced family law attorney, who can help you collect evidence and present a compelling case to the judge.

Contact Our Katy Family Law Attorneys to Learn More About Our Child Support Services

Dealing with child support issues can be challenging and requires the help of a skilled attorney. Our family law firm has extensive experience helping clients resolve their child support matters so they can face the future with confidence. No matter if you need help with a new child support agreement because of a divorce or wish to try to modify an existing court order, our attorneys will work diligently to achieve favorable results.

Our attorneys and legal team are committed to safeguarding your rights and your child’s well-being. If you have concerns about child support or would like help with other family matters, contact our Katy, Texas law firm today at (713) 766-5848 to schedule a confidential consultation to learn more about our legal services.