A child custody battle can be a scary thing for all parties, children included. This is even more accurate when parents don’t agree. It can be overwhelming and difficult to predict the outcome of your child custody battle. Even when custody is settled, there’s the matter of child support. The thoughtful and professional attorneys at Ilarraza Law help clients just like you get through the child custody and child support process. Our skilled team is dedicated to your child’s well-being.
During a divorce, your primary concern is for your children’s mental, emotional, and financial well-being. As a parent, it’s your job to care for your children and when parents don’t agree, this can increase anxiety in an already painful situation. Ilarraza Law, P.C. can help protect your child’s financial future as your household and family are divided. We help parents:
- Better understand Texas child support guidelines
- Negotiate child support and custody through mediation
- Litigate child support issues as needed
- Help modify an existing child support order
- Follow up with enforcement of child support orders
In some situations, a trial is a necessary step for you to receive the financial support your child deserves. With our firm, you have strong litigators by your side. We’re prepared to stand up and fight to protect your children’s rights to a financially stable upbringing.
Texas Laws and Child Support Guidelines: Because Every Child Deserves Support
The state of Texas has established general child support guidelines. We work hard to achieve the best possible financial solutions within the framework of these guidelines. Our process utilizes the discovery process to compel a full, truthful financial disclosure. This allows the court to calculate the amount of support you should receive for your child or children.
It’s also not uncommon for parents to disagree with issues and expenses that go beyond the scope of basic child support including:
- Private school tuition
- Childcare arrangements
- Sports and enrichment activities
We work hard to achieve results that do your children justice within your own financial reality.
Our offices also strive to provide you with an estimate on what you might be able to expect when it comes to child support payments or child maintenance payments. We can use the state’s child support calculator to give you an idea of what you may end up paying or what you may receive to help cover expenses associated with caring for your child or children.
Achieving Child Support Settlements Through Mediation
The child custody and child support processes are easier on all parties if each parent can agree. Through the structure of mediation, you and your spouse can put your differences aside and focus on what’s best for your child or children. Ilarraza Law can help you work together to resolve child support disputes and create a support plan that equitably divides the financial obligations of raising your children.
Child Support Enforcement
Both parents share the responsibilities of raising and providing for their children. If one parent fails to abide by their legal obligations for their financial child maintenance, then we can petition the court to enforce your child support order and help you collect child support owed. It’s not uncommon for the paying parent to fail to provide financial support for their children out of spite for the other parent. Thankfully, the state has options in place to help encourage paying parents to support their children or face the consequences.
There’s also a solution for cases where a parent fails to seek employment in an effort to earn as little income as possible in hopes of not having to pay support. Child support payments are then calculated based on the parent having the potential to work 40 hours per week at minimum wage.
Post-Divorce Child Support Modification
Your child support payment will remain the same as the initial court order until the court modifies the child support order. For example, if one parent suffers an injury or job loss, then fairness might dictate at least a temporary shift of the financial burden to the other parent. We can guide you through the proper legal procedures to modify your child support payments to accommodate your changing financial circumstances.
You Don’t Have to Solve This on Your Own – Get a Lawyer’s Help
Remember that you never have to deal with the complexities of child custody or child support alone. An experienced and educated child support attorney is an important asset. Texas’s child support system can be confusing to navigate without the experience of a child support lawyer. You want someone in your corner to provide legal advice and help you navigate the labyrinth of laws and guidelines.
Family law is our specialty here at Ilarazza Law. We’ve helped dozens of custodial parents and non-custodial parents work toward a child support court order that is fair in the eyes of the system, the parents, and takes the child’s best interests into consideration.
We are here to help whether it’s with your divorce, alimony or spousal support, a new child support case, or modifying an existing child support order. Our child support lawyers have the experience and knowledge to help you through these difficult times.
Call Ilarazza Law at 214-646-3253 for any questions or a consultation regarding your options as a custodial parent or a non-custodial parent.
Frequently Asked Questions
Are You Unable to Visit Your Child Due to Possible Parental Alienation?
If you’re unable to visit your child due to possible parental alienation, then it’s important that you find a family law attorney sooner than later. Texas courts strongly frown upon parental alienation. It’s vital that you seek a lawyer who has experience with parental alienation.
What if my child has a disability that will follow them into adulthood?
If your child has a disability, then it’s important to note this in your child support case. Typically, child support ends when the child turns 18 years old. However, in the case that the child has a disability then the court may order child support indefinitely to ensure the child continues to receive sufficient financial aid. Speak with an attorney to learn more about your unique situation.
How can I get my employer to automatically withdraw child support from my paycheck?
Wage withholding allows you to make child support payments through your regular paycheck. Many people prefer this method as it ensures that the payment is made and the person paying child support doesn’t have to worry about doing any extra steps on their end.
When the Office of the Attorney General receives your employment information in association with your child support case, they send a notice to your employer so your support payments can be automatically paid out of your paycheck. You should be aware that it may take your employer a few pay periods to put this into process so you will need to continue making your regular child support payments until the process goes into effect.
How is child support calculated?
In the state of Texas, child support is calculated as a percentage of monthly net resources. There are also adjustments in place for the number of eligible children that you’re responsible for, both in the current case at hand and otherwise. Your best bet for assessing how much you may owe or receive monthly in child support is to speak with an attorney.
How is child support supposed to be paid?
Typically, child support is paid monthly in Texas. However, the court may agree to an alternative payment schedule if it would be in the best interest of the child.
When it comes to actually making the payments, there are a few options. Parents are able to make child support payments by credit or debit card. They can also pay by mail, with cash or a money order, by using payment kiosks, or with wage withholding or bank auto drafts.
What happens if we cannot agree on the amount of child support?
In some cases, parents agree to child support amounts and the court approves the terms of the agreement. However, if parents cannot agree then it is likely that child support payments will default to what is designated in the child support guidelines for the state. If this amount does not meet the child’s best interest, then you’ll want to speak with a child support lawyer about your options. It is best to speak with a lawyer prior to going to court the first time whenever possible.
What if my ex is not paying their child support?
There are serious consequences for parents who do not pay their child support in the state of Texas. A Texas court can issue fines for unpaid child support. They can also order that a parent be jailed for up to six months. In addition, the court may file liens against property or assets, they may suspend the parent’s driver’s license, and much more.
What should I do if I have trouble paying child support?
If you’re a parent struggling to make your child support payments then it’s vitally important that you contact the Child Support Division of the Texas Attorney General’s Office as soon as possible.
Are child support payments tax-deductible?
No. Child support payments are not tax-deductible in the state of Texas. This is because child support is not considered to be taxable income for the receiving parent.
Can I get child support if I am not divorced?
Yes. You can receive child support in Texas if you are separated and have not yet filed for divorce or if you were never married to the other parent.