The Daly Campbell Law Firm’s has provided countless families knowledge and experience in the fields of divorce and child support. Their passion for people allows them to understand how emotionally charged process of calculating child support, modifying child support, and enforcing child support payments. They provide their clients with dedicated and thoughtful advocacy built on years of trial experience in order to help their clients through the child support process.
With some exceptions, a Court will order child support payments to be a percentage of the paying parent's monthly net resources (what regular folks call income). The percentage is based on how many children are being supported as follows:
1 child = 20% of the noncustodial parent’s average monthly net resources
2 children = 25% of the noncustodial parent’s average monthly net resources
3 children = 30% of the noncustodial parent’s average monthly net resources
4 children = 35% of the noncustodial parent’s average monthly net resources
5 children = 40% of the noncustodial parent’s average monthly net resources
6 or more children = not less than 40% of the noncustodial parent’s average monthly net resources
A Court will usually consider the last few years of the parent's tax returns and/or the last few months of a parent's pay stubs.
In the event that there is no evidence as to what the net monthly income is, the Court will presume the parent's income is the federal minimum wage at 40 hours a week.
That amount is considered the parent's gross income. The gross income is compared to the the Texas Attorney General's yearly Tax Charge which calculates what is the net income from the gross income.
A court may order a parent to pay child support for a period of time prior to the child support first being ordered. This generally involves a man knowing that he is the father of a child. The retroactive child support can date back to when the man became aware that he was the father of a child. The Court will consider any prior financial support the father provided along with the father's ability to pay retroactive child support.
Child support cannot be ordered beyond the child’s age of 18 or when the child graduates high school, whichever is later. However, child support can be ordered indefinitely if the child is disabled and requires
Your child support order is eligible for modification only if one (or more) of the following is true:
A material and substantial change in circumstances has occurred since the child support order was last set.
In relation to receiving a modification, this phrase applies to one of these situations:
The child (or children) are now living with a different parent.
If a parent fails to make child support payments as ordered by a court, the Court who ordered the payments has many actions it can take in order to enforce the order. These range from taking away he parents driver’s license to sending to sending the to jail. Brendan Daly and Reese Campbell have sought and obtained enforcement of unpaid child support payments on behalf of their clients. If you need assistance, contact them now.
Yes, unpaid child support has a 6% simple interest per year from the date support is delinquent.
As our children do not stay children forever, a parent’s obligation to pay child support also comes to an end.
The court may order child support payments:
No, the paying parent must file a petition with the Court asking the Judge to terminate the withholding order.
Generally, the parent obligated to pay child support will be ordered to furnish health insurance coverage for the child, if available through employment, and payment for this coverage shall be in addition to child support calculated using the guidelines. A parent ordered to provide health insurance who fails to do so is responsible for all necessary medical expenses of the child. The parent providing the insurance is required to furnish to the other parent policy information including claim forms. The court will allocate between the parents, based on their circumstances, the health care expenses not covered by health insurance.