Child Support For Fathers

Jan
26

Texas Child Support Guidelines Update

PLEASE READ UPDATE (2019)
Texas Child Support Guidelines Change-
Effective Sept. 1, 2019

Effective September 1, 2019 The Texas Child Support Division of the Attorney General increased the Maximum child Support under the Texas Child Support Guidelines from $8,550 to the “new cap”of net monthly resources to $9200 annually. This change in the law will increase the amount of maximum child support from of $1,710.00 to $1,840.00 monthly (20% of $9200. For one child)
CLICK TO READ MORE ON THIS UPDATE 

PRIOR GUIDELINES
On September 1, 2013: Important Texas Child Support Guideline Changed!

The Texas Child Support Division of the Attorney General increased the “CAP” on net resources for purposed Child Support from the past amount of  $7500 to be $8550, which became effective Sept. 1, 2013.

This “Cap Increase” affects any child support case filed or pending after September 1, 2013.

Under the Texas Family Code §154.125 the guidelines for Child Support are as follows:

(a) The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor’s monthly net resources are not greater than $8,500 or the adjusted amount determined under Subsection (a-1), whichever is greater.

(a-1) The dollar amount prescribed by Subsection (a) above is adjusted every six years as necessary to reflect inflation. The Title IV-D agency shall compute the adjusted amount, to take effect beginning September 1 of the year of the adjustment, based on the percentage change in the consumer price index during the 72-month period preceding March 1 of the year of the adjustment, as rounded to the nearest $50 increment. The Title IV-D agency shall publish the adjusted amount in the Texas Register before September 1 of the year in which the adjustment takes effect. For purposes of this subsection, “consumer price index” has the meaning assigned by Section 341.201, Finance Code.

(a-2) The initial adjustment required by Subsection (a-1) shall take effect September 1, 2013. This subsection expires September 1, 2014.

(b) if the obligor’s monthly net resources are not greater than the amount provided by Subsection (a), the court shall presumptively apply the following schedule in rendering the child support order:

CHILD SUPPORT GUIDELINES
BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR

  • 1 child 20% of Obligor’s Net Resources
  • 2 children 25% of Obligor’s Net Resources
  • 3 children 30% of Obligor’s Net Resources
  • 4 children 35% of Obligor’s Net Resources
  • 5 children 40% of Obligor’s Net Resources
  • 6+ children Not less than the amount for 5 children

Depending on the number of other children an obligor has a duty to support, the percentage of child support may be lower. For example, if the obligor was previously married and has 1 child to support in the previous marriage, the amount of support paid for one child before the court decreases to 17.50 percent. See the chart below.

 

 Net resources are determined by deducting the following from the obligor’s income:
1. Social Security Taxes;
2. Federal Income Tax based on the tax rate for a single person claiming one personal exemption and the standard deductions;
3. State Income Tax;
4. Union Dues (if such deductions are being withheld); and
5. Expenses for Health Insurance Coverage for Obligor’s Child(ren) (if such deductions are being withheld).

See Updated Texas Child Support Guidelines and Infographic , provided by Dallas Texas Attorney Mark Nacol, of the Nacol Law Firm PC

By Nacol Law Firm | Child Support For Fathers
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Child Visitation Cannot Be Denied To Texas Fathers Because Child Support Is Unpaid

TEXAS Family Code 154.011: SUPPORT NOT CONDITIONED ON POSSESSION OR ACCESS.

A COURT MAY NOT RENDER AN ORDER THAT CONDITIONS THE PAYMENT OF CHILD SUPPORT ON WHETHER A MANAGING CONSERVATOR ALLOWS A POSSESSORY CONSERVATOR TO HAVE POSSESSION OF OR ACCESS TO A CHILD.

Added by Acts 1995, 74th Leg., Ch. 751, Sec. 40, eff.  Sept. 1, 1995.

A Custodial Parent cannot refuse or cut back on visitation of a non-custodial parent just because child support has not been paid. Many custodial parents use denial of visitation as an effective way of getting child support paid.  Such conduct is against the law and punishable by contempt.

A child has an absolute right to visitation and child support.  Absent compelling reasons, visitation with both parents is always considered in the best interest of the child. Non-payment of child support should be dealt with and enforced in a proper court.  The non-custodial parent is still very important to the child’s life and must be allowed to participate in her/his life.

Conversely, a non-custodial parent cannot stop paying child support just because a custodial parent is denying visitation.

This is very important! This is Texas law!  Unpaid Child Support and Visitation with a child are two separate and distinct duties indigent of one another.  The non-custodial parent cannot be denied visitation for unpaid child support.  Do not take the law into your own hands unless you are willing to suffer the consequences and possible wrath of a Judge!

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Sep
30

Texas Child Support Guidelines

Effective September 1, 2019 The Texas Child Support Division of the Attorney General increased the Maximum child Support under the Texas Child Support Guidelines from $8,550 to the “new cap”of net monthly resources to $9200 annually. This change in the law will increase the amount of maximum child support from of $1,710.00 to $1,840.00 monthly (20% of $9200. For one child)
Click Here to Read Updated Information

Under the Texas Family Code §154.125 the guidelines for child support are as follows:

(a) The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor’s monthly net resources are not greater than $7,500 or the adjusted amount determined under Subsection (a-1), whichever is greater.

(a-1)  The dollar amount prescribed by Subsection (a) above is adjusted every six years as necessary to reflect inflation.  The Title IV-D agency shall compute the adjusted amount, to take effect beginning September 1 of the year of the adjustment, based on the percentage change in the consumer price index during the 72-month period preceding March 1 of the year of the adjustment, as rounded to the nearest $50 increment.  The Title IV-D agency shall publish the adjusted amount in the Texas Register before September 1 of the year in which the adjustment takes effect.  For purposes of this subsection, “consumer price index” has the meaning assigned by Section 341.201, Finance Code.

(a-2)  The initial adjustment required by Subsection (a-1) shall take effect September 1, 2013.  This subsection expires September 1, 2014.

(b)        if the obligor’s monthly net resources are not greater than the amount provided by Subsection (a), the court shall presumptively apply the following schedule in rendering the child support order:

CHILD SUPPORT GUIDELINES
BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR 

1 child              20% of Obligor’s Net Resources
2 children          25% of Obligor’s Net Resources
3 children          30% of Obligor’s Net Resources
4 children          35% of Obligor’s Net Resources
5 children          40% of Obligor’s Net Resources
6+ children        Not less than the amount for 5 children

Depending on the number of other children an obligor has a duty to support, the percentage of child support may be lower.  For example, if the obligor was previously married and has 1 child to support in the previous marriage, the amount of support paid for one child before the court decreases to 17.50 percent.  See the chart below.

 

                          Multiple Family Adjusted Guidelines  (% of Net Resources)

                   Net Monthly Resources X Percentage Below
=
Monthly Child Support Obligation

 

 

 

Number
of other children
for whom
the obligor has a duty
of support

Number of Children Before the Court

 

1

2

3

4

5

6

7

0

20.00

25.00

30.00

35.00

40.00

40.00

40.00

1

17.50

22.50

27.38

32.20

37.33

37.71

38.00

2

16.00

20.63

25.20

30.33

35.43

36.00

36.44

3

14.75

19.00

24.00

29.00

34.00

34.67

35.20

4

13.60

18.33

23.14

28.00

32.89

33.60

34.18

5

13.33

17.86

22.50

27.22

32.00

32.73

33.33

6

13.14

17.50

22.00

26.60

31.27

32.00

32.62

7

13.00

17.22

21.60

26.09

30.67

31.38

32.00

 Net resources are determined by deducting the following from the obligor’s income:

  1. Social Security Taxes;
  2. Federal Income Tax based on the tax rate for a single person claiming one personal exemption and the standard deductions;
  3. State Income Tax;
  4. Union Dues (if such deductions are being withheld); and
  5. Expenses for Health Insurance Coverage for Obligor’s Child(ren) (if such deductions are being withheld).
By Nacol Law Firm | Child Support For Fathers
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How Can The Uniform Interstate Family Support Act (UIFSA) Affect Your Family Interstate Jurisdiction Problems?

Are you a parent having trouble collecting your child support for the children because your EX-spouse lives in another state? This has been a problem for many families for a long time. The United States Congress recognized this problem and mandated all states to adopt the Uniform Interstate Family Support Act (UIFSA) to facilitate collection of child support across state lines.

It is no surprise that people move, but when trying to collect child support from an out-of-state parent you may need legal help to avoid unpleasant surprises.

When more than one state is involved in establishing, enforcing or modifying a child or spousal support order, the UIFSA determines the jurisdiction and power of the courts in the different states. The Act also establishes which state’s law will be applied, an important factor as support laws vary greatly among the states.

If there is no current child support order and the child and one parent live in Texas, the order or paternity determination may be established without another state’s involvement. If the parents have sufficient contact with Texas, the court may be able to enter an order even if one parent does not currently live in the state. UIFSA enables Texas and another state to cooperate to establish a child support order if another state’s assistance is needed because of residency issues.

UIFSA permits only one active support order for a case at a time. When there are multiple orders, UIFSA determines which support order will be followed, known as the “controlling order.” Orders may be registered in a different state for enforcement and modification purposes. The initiating state sends the order and documents to the responding state. The responding state registers the order and sends a notice to the other parent. The other parent has 20 days to file written objections regarding the order. If objections are made prior to the deadline, the court will hold a hearing and decide whether the order should be registered.

UIFSA also allows parents to enforce their support orders without the assistance of the state where the obligor (paying parent) lives. A withholding order, in many cases, can be sent directly to the out-of-state obligor’s employer requiring child support be deducted from the parent’s wages. The responding state also has the authority to pursue collection through enforcement hearings, license suspension, or incarceration of the delinquent, non-custodial parent.

If financial or other circumstances have changed, you may also request the court to modify a child support order. UIFSA sets the rules for modification. If either of the parents or the child still lives in the state that issued the controlling order, changes in the support amount must occur there. Otherwise the order may be registered and modified in the child’s home state. The child’s home state is generally where the child has resided for six (6) months with a parent.

If all parties have left the state that issued the controlling order, that state cannot change the support amount. To modify support, the order must be registered for modification in the state of residence of the parent not seeking modification.

UIFSA allows both parents to agree in writing that the state where one parent resides may modify the order and take control of the case. When a state modifies another state’s order, the new support amount is the amount to be collected by all any state in which the obligor resides.

Parents often turn to the Texas Attorney General for assistance in the collection and enforcement of child support, and that can be a good choice. However, parents – especially those who are experiencing continued delays and roadblocks – can hire a private attorney to advocate on their behalf and for the benefit of their children. An attorney can also provide guidance in enforcing and modifying terms of visitation.

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Hers, His, Ours: Marriage – Divorce – Remarriage

Today’s family unit is often in a state of flux. After a divorce, most people remarry and often there are children involved. In the new, blended family, one or both spouses may be paying child support. Newly-born or adopted children may also enter into the picture.

Sometimes, the cycle continues: marriage, divorce, remarriage, divorce.

Now, mom or dad has children in multiple households.

Do the additional children change the amount of child support to be paid? Not without a court order.

In Texas, child support may be reduced when an obligor (person paying child support) has additional children that the obligor is legally required to support. These children may be new biological children, or legally adopted children. Generally, Texas courts do not consider stepchildren as a factor in reducing child support.

Texas courts follow statutory guidelines in determining amount of child support. Many people are familiar with the following basic formula: 20% of net income for one child; 25% of net income for two children; 30% of net income for three children; and so on.

However, under the legal guidelines, the court also considers whether the obligor has a legal obligation to support other children, either under another child support order or because the obligor has legal custody of the child. In cases involving the children in multiple households, the court may consult the following chart from Section 154.129 of the Texas Family Code:

CHILD SUPPORT GUIDELINES

BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR

 

1 child 20% of Obligor’s Net Resources

2 children 25% of Obligor’s Net Resources

3 children 30% of Obligor’s Net Resources

4 children 35% of Obligor’s Net Resources

5 children 40% of Obligor’s Net Resources

6+ children Not less than the amount for 5 children

 

Depending on the number of other children an obligor has a duty to support, the percentage of child support may be lower. For example, if the obligor was previously married and has 1 child to support in the previous marriage, the amount of support paid for one child before the court decreases to 17.50 percent. See the chart below.

 

Multiple Family Adjusted Guidelines

(% of Net Resources)

Net Monthly Resources X Percentage Below = Monthly Child Support Obligation

 

 

Number of other children for whom the obligor has a duty of support

Number of Children Before the Court

 

1

2

3

4

5

6

7

0

20.00

25.00

30.00

35.00

40.00

40.00

40.00

1

17.50

22.50

27.38

32.20

37.33

37.71

38.00

2

16.00

20.63

25.20

30.33

35.43

36.00

36.44

3

14.75

19.00

24.00

29.00

34.00

34.67

35.20

4

13.60

18.33

23.14

28.00

32.89

33.60

34.18

5

13.33

17.86

22.50

27.22

32.00

32.73

33.33

6

13.14

17.50

22.00

26.60

31.27

32.00

32.62

7

13.00

17.22

21.60

26.09

30.67

31.38

32.00

The court may also consider additional factors listed in Section 154.123 of the Texas Family Code.

In order to benefit from these factors, the obligor must present evidence that rebuts the presumption that the statutory guidelines is in the best interest of the children. When a person has children in more than one household, determining child support can be complicated. A wise person will seek the professional help of an experienced family law attorney.

By Nacol Law Firm | Child Support For Fathers
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Please contact father’s rights Dallas Attorney Mark Nacol, or father’s rights Dallas Attorney Julian Nacol with the Nacol Law Firm P.C., for legal insight to your rights as a father. Both attorney Mark Nacol, and attorney Julian Nacol , provide counsel in the area of family law including divorce, father’s rights, interstate jurisdiction, child support, child custody, visitation, paternity, parent alienation, modifications, property division, asset division and more. Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization. Our attorneys at The Nacol Law Firm P.C. serve clients throughout Texas, including Collin, Dallas, Denton, Ellis, Grayson, Kaufman, Rockwall and Tarrant counties and the communities of Addison, Allen, Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Grapevine, Highland Park, McKinney, Mesquite, Plano, Prosper, Richardson, Rowlett and University Park, Murphy,Wylie, Lewisville, Flower Mound, Irving, along with surrounding DFW areas.

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