Our Family Law Attorneys Understand the Laws regarding Child Support in Austin, Texas.
In the dissolution of any marriage with children, there is always a provision for child support in the divorce decree. Child support in Austin, Texas is governed by the Texas Family Code, which establishes guidelines for calculation of child support. Merritt Law is very familiar with these statutory rules and can give you an accurate estimate of the child support payment that will be required and how payments will be enforced.
Calculation of Child Support
The support calculations are fairly simple after the net monthly resources are determined for the spouse paying support. Net resources include all income, after taxes for a single person claiming one exemption, social security and Medicare and payments for the child’s health care are subtracted, with an presumption of an upper limit of $8,550 per month as the basis for support calculation. The support for one child would be 20% of net resources, with 5% being added for each additional child up to 40% if there are 5 or more children requiring support.
If the spouse paying support earns more than $8,550 in net monthly resources the court may award more support if the court finds that the children’s needs require it. However, in such an instance the receiving spouse has to provide some evidence that higher support is justified. Unlike in some states, the law in Texas does not give weight to the income of the receiving or custodial parent in calculating child support awards.
Enforcement of Child Support Orders
Once a child support order is entered by the court, it is fully enforceable by a private attorney or by the Texas Attorney General’s office. There are steps that can be taken by an attorney or the Attorney General’s Child Support Division to ensure that payments are made according to the timing and amount detailed in the order. If a spouse ignores a support order or misses payments, they may be held in contempt of court with the potential of jail time.
If your ex-spouse has stopped making child support payments, then you have the right to enforcement of the order and should seek an experienced family law attorney to explain your options. Merritt Law is prepared to help you assert your right to owed child support in Austin and surrounding communities, and can represent you in any enforcement action. Please contact us to discuss your case, schedule your initial consultation for Child Support in Austin today.