Texas Child Support Lawyers
Brazos Valley Child Support LawyersThe experienced Child Support Lawyers at Nick Davis Law in Bryan | College Station help parents achieve an appropriate child support payment for the support of their children. Schedule a Free Case Evaluation to learn how we can help ensure the accuracy of your child support payments.
Serving Brazos, Grimes, Waller, Washington, & Surrounding Counties
Child Support Lawyers in Bryan | College Station, TX
One of the primary concerns in a Divorce Suit involving Children or an original Child Custody Suit (known as “A Suit Affecting The Parent-Child Relationship or “Suit to Adjudicate Paternity”) is the obligation for one parent to pay child support for their children. Typically, child support is based on the net income of the parent ordered to pay child support which is then applied to the Texas Child Support Guidelines, which will then yield the monthly child support obligation to be paid.
If you are facing a Divorce or Child Custody Suit in which Child Support is at stake, schedule a Free Case Evaluation with the trusted they Bryan | College Station Child Support Lawyers at Nick Davis Law serving Brazos county and surrounding counties with experienced family law advocacy.
Essentially there are 4 forms of Child Support Suits in Texas:
- Current Child Support
- Medical Child Support
- Retroactive Child Support
- Temporary Child Support
The dedicated Child Support Lawyers at Nick Davis Law in Bryan | College Station are determined family law advocates when trusted to be a client’s Divorce or Child Custody Lawyer. Our Child Support Lawyers are experienced litigators that will work to strategically prepare a Divorce or Child Custody matter for success.
Nick Davis Law offers all prospective Child Support clients a Free Case Evaluation by phone or virtual conference as well as payment plans. Contact our office at (979) 417-2220 if you are in need of a Child Custody Lawyer for a case in Brazos, Grimes, Waller, Washington, Burleson, Montgomery & Surrounding Texas Counties.
Current Child Support
In cases involving Current Child Support, the court will normally order one parent to pay the other child support which will be calculated according to the Texas Child Support Guidelines. In determining the amount of child support a parent will pay the court will first determine the income available to the parent. The Family Code requires that child support be based on all income received from any source. While Child Support is based on the Net Income, it is usually necessary to look to the Gross Income amount first to analysis the deductions from the Parent’s paycheck. Not all deductions or contributions to retirements are permissible and will need to be added to determine the proper net amount of income. Once this is determined the court will multiply the parent’s Net Monthly Income by a percentage which varies depending upon the number of children the parents have together along with a small decrease for every other child that the parent has an obligation to support.
For instance, if the parents only had children with each other the percentage to be applied to the Net Monthly Resources are as follows:
1 Child = 20%
2 Children = 25%
3 Children = 30%
4 Children = 35%
5 Children = 40%
6 Children or More = not less than 40%
However, in the event the parent ordered to pay child support has another child from a different relationship the child support percentage to be applied to the Net Monthly Resources will be slightly reduced.
For example: the parties have 2 children together but the father also has another child from a different relationship. Normally, if they only had the 2 children together, Father’s Net Resources would be multiplied by 25% but when the deduction is applied for Father’s other child, the percentage is reduced to 22.50%
Medical Child Support
Medical support is considered a separate form of a child support payment but the court in nearly every case will order Current Child Support and Medical Child Support so the two really go hand in hand. Essentially the court will order both parents to ensure that a child is covered by some form of health insurance, giving preference to health insurance that can be obtained at a “reasonable” cost from one of the parent’s employers. Then the court will order the parent that is also required to pay current child support to either provide this insurance or reimburse the other parent for the monthly premium associated with the child’s coverage. This premium amount to be paid will then be deducted from the Parent’s Net Monthly Resources prior to the court multiplying the resources by the percentage associated with the number of children before the court. Additionally, the court will order the parties to pay a portion of any uninsured or unreimbursed health insurance expenses. Typically, the Child Support Lawyers at Nick Davis Law in Bryan College Station see courts order the parents to split the uninsured medical expenses 50/50 but these percentages can vary based on the facts of the case.
Retroactive Child Support
The Bryan College Station Child Support Lawyers at Nick Davis Law are often asked about a parent’s ability to seek Retroactive Child Support. Depending upon the circumstances of the case, Retroactive Child Support may be available. Under the Texas Family Code, Retroactive Child Support is determined by the amount of money spent for the care of the child in the past, and represents money that the other parent should have paid to support eh child. In Texas there is a presumption that Order a parent to pay back up to 4 years of Retroactive Child Support is reasonable, but this is only a presumption and it can be extended or decreased depending upon what the court deems is in the best interest of the child. However, the success of pursuing or defending against a Retroactive Child Support claim tends to hinge on the skill and experience of the chosen Bryan | College Station Child Support Lawyer.
Temporary Child Support
The moment a case is filed concerning children, regardless of whether it is a divorce or other child custody suit, the court can order a parent to pay child support while the case is pending. This normally occurs at a Temporary Orders hearing. Temporary Support is almost always calculated in the exact same fashion as Current Child Support and it will last until the court enters a final order that contains a child support amount to be paid in it. Quite often, the amount ordered at a Temporary Orders hearing will remain the child support obligation that the court will order in the Final Order that resolves the case such as a Final Decree of Divorce or an Order in Suit Affecting the Parent-Child Relationship.
To Learn More about your ability to pursue the Child Support Amount you feel is best for your children in Brazos, Grimes, Waller, Washington & Surrounding Counties contact our experienced Texas Child Support Lawyers in Bryan | College Station to develop a strategy for success.
Services
We Can Help with your Child Support Lawsuit
Establishing Child Support
We can help establish child support for Texas Parents in a Divorce proceeding, or the original child custody/paternity suit. Once Child Support is established it can be monitored by the Office of the Attorney General to track what is owed and if child support is not paid as ordered, it can be enforced to collect the arrearages. Unless child support has been established, there will not be a consequence for a parent that fails to pay anything. The Child Support Lawyers at Nick Davis Law in Bryan | College Station can help you establish child support. Contact us for a Free Case Evaluation.
Modifying Child Support
Sometimes it becomes necessary to revisit the Child Support Amount that has been ordered. It can be increased or decreased depending upon the changes that have occurred. If you believe that the child support ordered in your case needs to be adjusted, contact the experienced Child Support Lawyers at Nick Davis Law serving Brazos, Grimes, Waller, Washington & Surrounding Counties to learn how we can help. Our Child Support Lawyers will both pursue and defend against Child Support Modification Lawsuits. Schedule a Free Consultation to learn more.
Enforcing Child Support
Perhaps the most rewarding area of law that the Child Support Lawyers at Nick Davis Law in Bryan | College Station handle is enforcing and pursuing unpaid child support. Child Support Enforcement and Collection is one of the primary focuses of Nick Davis Law. Holding nonpaying parents accountable and helping to find and garnish money for the benefit of our clients is a real passion for our Family Law Attorneys. If you are owed Child Support and the nonpaying parent is not fulfilling their obligations, contact the Child Support Lawyers at Nick Davis Law to learn how we can help. Our Child Support Lawyers will enforce and collect child support in nearly every Texas County including Brazos, Grimes, Waller, Walker, Burleson, Montgomery, Harris, and all other surrounding areas.
Reviews
What Clients Say
At all times, we put our client’s interests first. The Child Support Lawyers at Nick Davis Law in Bryan | College Station are proud of their reputation and record for helping Texas Parents obtain primary custody or extended possession and access schedules to their children. We are ready to help you succeed as well. Contact us for a free case evaluation to learn what we can do for your case.
Highly recommend - Jerri Y
Highly recommend - Jerri Y
An Excellent Attorney - Michael
An Excellent Attorney - Michael
Honest, Trustworthy Attorney - Veronica
Honest, Trustworthy Attorney - Veronica
Super Lawyer, Best of the Best - Joe C
Super Lawyer, Best of the Best - Joe C
Client focused attorney
FAQ
Frequently Asked Questions
What is Considered Income?
- All Wages & Salary Income and other services that comes from personal services such as commissions, overtime, tips, and bonuses. Many clients sometimes are concerned how future unknown bonuses or commissions will be determined. Most courts will look to the bonuses and commissions earned in previous years and most likely average them to project what future bonuses and commissions will be and then base the Texas Child Support on that estimation.
- Self Employment Income. This can sometimes work for or against the party ordered to pay child support. The court will allow for business expenses to be deducted as well as depreciation and tax credits but an experienced Bryan | College Station Child Support Lawyer will scrutinize those expenses and deductions and argue that the ones that are really a benefit to the Parent’s necessary living expenses can try to have the court disregard some of those expenses. For example: Deductions for cell phone, cable expenses, some “business trips,” or home office deductions could be excluded. Additionally, all benefits the party receives from any proprietorship, partnership, joint venture, close corporation, agency, or independent contractor relationship will be included.
- Severance pay that is actually received.
- Retirement Pay and Pension income actually received.
- Social Security Benefits other than supplemental security income
- Veterans Affairs Disability Benefits except for non-service connected disability-pension benefits
- Unemployment Benefits
- Disability & Workers’ Compensation Benefits
- Alimony
- Child Support from an unrelated family matter received by the parent to pay child support.
- Net Rental Income which is deemed rent received after deducting operating expenses and mortgage payments.
- Interest Income – interest, dividends, and royalty income
- Capital gains – Realized capital gains
- Trust Distributions
- Annuity Income
- Gifts & Prizes. Sometimes this could include gifts an adult child regularly receives from their family members or others.
- Deemed Income. For this, the court may estimate a reasonable amount of deemed income to be included in the parent’s Net Monthly Resources by attributing an amount of income that should be received from the nonproducing asset. However, the court must take into consideration whether the asset can be liquidated if the liquidation would not be an unreasonable financial sacrifice. This can be found in Texas Family Code Section 154.06(a). If presently there does not exist a market for the property to be liquidated, the court will then be required to offset the property’s carrying costs including taxes and note payments against any deemed income from the property.
- All Other Income received from other sources.
What is not considered Net Income
- Return of Capital or Principal. In this situation, the return of capital or of principal associated with a note is not included in the net resources based on the provision fo Texas Family Code Section 154.0062(c)(1).
- Accounts Receivable are not included because there is always the possibility they will not be paid to the parent.
- Welfare Benefits. The Texas Legislature in Texas Family Code Section 154.062(c)(3) has determined that benefits paid according to the terms of the Temporary Assistance for Needy Families program or another federal program are not to be included in net resources.
- Foster-Care Payments
- Spouse’s Income.This is perhaps the most debated resources that comes up in child support cases when the parent obligated to pay child support has married a spouse that makes a significant income while the parent ordered to pay child support doesn’t make much or doesn’t work at all. The Texas Legislature under Texas Family Code Section 154.069(a) has determined that the spouse’s income cannot be included. However, an experienced Family Law Attorney | Child Support Lawyer in Brazos county will argue that payments used from the spouse’s income to provide for expenses that benefit the parent ordered to pay child support should be included. Sometimes the courts find such an argument persuasive, but it varies on the judge.
We Can Help
Payment Plans & Free Consult
Contact our office to schedule a Free Case Evaluation with experienced Child Support Lawyers in Bryan | College Station, TX Brazos County. We regularly offer after-hour & Weekend phone consults so our client’s do not have to travel or take off work to speak with their Family Lawyer.
Our Child Support Lawyers serving Brazos, Grimes, Waller, Washington & Surrounding Counties also understand that litigation can be expensive. You shouldn’t have to compromise the quality of legal representation when it comes to your children. We strive to make exceptional legal representation in family law matters available to all which is why we offer payment plans to help in these difficult times. Contact us to learn more.
Schedule A Consult
Bryan | College Station Office
Nick Davis Law
6750 Victoria Avenue, Suite 6
College Station, TX 77845
(979) 417-2220
Business Hours
Mon - Fri 8:00 am to 6:00 pm
Payment Plans
We offer payment plans on all cases.
Our Mission
The Trusted Family, Divorce, CPS, Immigration, and Child Support Collection Lawyers at Nick Davis Law are dedicated to providing the best and most efficient representation possible to our clients to achieve their goals quickly and cost effectively. The Family | Divorce | Immigration | CPS | Child Support Collection Lawyers at Nick Davis Law maintain offices in The Woodlands, Texas and Bryan | College Station and serve all of Montgomery County, Brazos County, Walker County, Waller County, Grimes County, Washington County, Burleson County, San Jacinto County, Liberty County, Harris County, and surrounding counties.
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