Family Attorney Collin County TX
When you need a family attorney Collin County, TX trusts for child support, call Scroggins Legal in Plano. How does child support work? Child support is established, modified and terminated through agreement of the parties or by the court. The court will accept a proper agreement made by the parties or will order child support based on the Texas Family Code after a hearing or trial. Note that while this page focuses on child support orders, medical support is also available.
Who Pays Child Support?
The court may order either or both parties to pay child support until either the child reaches 18 years of age or graduates from high school. If the child turns 18 and is still in high school, the child support obligation continues until graduation. Note that when the parents are not married, paternity needs to first be established before the court orders a child support obligor to make periodic, usually monthly, child support payments.
The calculation of net resources of the child support obligor is complex and is not simply the amount of their paycheck. Your family attorney in Collin County TX will ask for all the required financial information and will estimate their net resources for purposes of child support.
The child support obligor is determined without respect to marital status, sex of the obligor, obligee or child, or whether the obligor has rights to or exercises possession of or access to the child.
How is Child Support Established?
If you are going to be the child support obligor (the party who has to pay child support) , your Collin County Texas family attorney can review your financial information and determine your net resources. The court normally orders guideline child support based on net resources and applies the appropriate percentage depending on the number of children the paying party has and the number of children before the court. An order to withhold child support from your income can be sent to your employer.
Texas child support guidelines provide the following (children before the court):
- 1 child – 20 percent of obligor’s net resources;
- 2 children – 25 percent of obligor’s net resources;
- 3 children – 30 percent of obligor’s net resources;
- 4 children 35 percent of obligor’s net resources;
- 5 children 40 percent of obligor’s net resources;
- 6 or more children – not less than the amount for 5 children.
Note that the child support guidelines are designed for obligors with monthly net resources not more than $7,500. If your net resources are greater than $7,500 your Collin County Family Attorney can explain the child support obligation for highly compensated child support obligors. The percentages above are presuming that the paying party has no other children they are responsible for supporting that are not before the court.
How is Child Support Modified?
A Collin County TX child support order can be modified to increase or reduce the amount of child support if the circumstances of the child or person affected by the order have materially and substantially chanced since either the date of the child support order or settlement agreement.
Additionally, a modification is appropriate if it has been more than three years since the date of the child support order or incorporating settlement agreement, and a new child support order based on the guidelines would be different from the original order by at least 20 percent or $100.
How is Child Support Terminated?
Child support obligations normally terminate when a child turns 18-years-old or graduates from high school, whichever occurs later. If a child is emancipated through marriage, the obligation to pay child support terminates. The obligation to pay child support also terminates if the child dies. This is not an exhaustive list and there are other conditions including removal of a child’s disabilities or failure to stay enrolled in high school before graduation that can cause termination of child support obligations. An experienced Collin County Family Attorney can talk to you about your specific situation and advise you.
Mark L. Scroggins is a family law attorney Collin County TX knows, likes and trusts to represent parents who need to establish, modify or terminate child support. For more detailed information about how child support works in Collin County TX Call Scroggins Legal at (469) 626-5220 to schedule a consultation today.