child support

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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Dallas Fathers Rights Attorneys

Are you needing a Dallas fathers rights attorney? Attorneys Mark Nacol and Julian Nacol, with the Nacol Law Firm P.C., provide legal counsel and representation to help you protect your rights as a father.

Are you a father or husband involved with pending divorce, paternity, modifications, property and asset division, child custody, child support or visitation issues? Perhaps you have issues involving parental alienation, false allegations of abuse or false paternity claims.

It is important for you to know your legal rights as a father!

Call our Dallas fathers rights attorneys,  Mark Nacol and Julian Nacol,  for a consultation today.

The Nacol Law Firm PC
8144 Walnut Hill Lane
Suite 1190
Dallas, Texas 75231
Metro: 972-690-3333
Toll Free: 866-352-5240

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Texas’ Law for Mistaken Paternity: Texas SB785

We hear a lot about dead-beat dads, or parents who do not pay their child support obligations. Now it is time for “fathers” or men who have been paying child support for children who are not their biological children to assert their rights.

Texas passed a new Paternity law, Texas SB785, effective May 13, 2011, which permits men who have been ordered to pay child support, without genetic testing, to request genetic testing in order to determine whether they are the genetic parent of the child.

After September 1, 2012, a man must file a petition to determine genetic parentage no later than the first anniversary of the date on which he becomes aware of facts indicating that he is not the child’s genetic father.

In order to file for relief under this law, the man must have signed an acknowledgement of paternity or failed to contest paternity in the previous proceeding because of a mistaken belief that he was the child’s father based on misrepresentations that led him to that conclusion.

If the man knew he was not the father at the time he signed the acknowledgement of paternity or the previous court order, the new law does not apply.

If the genetic testing concludes that the man is not the child’s genetic father, the court shall render an order terminating the parent-child relationship and terminating the man’s obligation for future child support.

This order, however, does not affect the man’s obligations for child support or child support arrearages accrued before the date of the order. However, the accrued obligations are not enforceable by contempt proceedings.

Even if the parent-child relationship is terminated, the man may request the court to order period of possession or access to the child following the termination. The court may order periods of possession or access to the child only if the court determines that denial of possession or access would significantly impair the child’s physical health or emotional well-being. The law directs the court to focus on the child’s well-being, not on the man’s desire to continue seeing the child.

If you have been paying child support due to a mistaken belief that you were the father, the time to act is now. A man must file the petition to determine genetic parentage no later than the first anniversary of the date on which he becomes aware of facts indicating the he is not the child’s genetic father. Contact an attorney now!

By Nacol Law Firm | Paternity
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TIME IS TICKING on the New Texas Mistaken Paternity Law

Now it is time for “fathers” or men who have been paying child support for children who are not their biological children to assert their rights.

Texas new law, Texas SB785, permits men who have been ordered to pay child support, without genetic testing, to request genetic testing in order to determine whether they are the genetic parent of the child.

But the clock is ticking. If you suspect that you are paying child support for a child who is not your biological child, you must file the petition before September 1, 2012.

After September 1, 2012, a man must file a petition to determine genetic parentage no later than the first anniversary of the date on which he becomes aware of facts indicating that he is not the child’s genetic father.

In order to file for relief under this new law, the man must have signed an acknowledgement of paternity or failed to contest paternity in the previous proceeding because of a mistaken belief that he was the child’s father based on misrepresentations that led him to that conclusion.

If the man knew he was not the father at the time he signed the acknowledgement of paternity or the previous court order, the new law does not apply.

If the genetic testing concludes that the man is not the child’s genetic father, the court shall render an order terminating the parent-child relationship and terminating the man’s obligation for future child support.

The new order, however, does not affect the man’s obligations for child support or child support arrearages accrued before the date of the order. However, the accrued obligations are not enforceable by contempt proceedings.

If the court order states that the father listed on the birth certificate is not the biological father and the information can be removed from the birth record, then the birth certificate can be revised as well.

Even if the parent-child relationship is terminated, the man may request the court to order periods of possession or access to the child following the termination. The court may order periods of possession or access to the child only if the court determines that denial of possession or access would significantly impair the child’s physical health or emotional well-being. The law directs the court to focus on the child’s well-being, not on the man’s desire to continue seeing the child.

If you have been paying child support due to a mistaken belief that you were the father, the time to act is now. Remember the clock is ticking! If you suspect that you are paying child support for a child who is not your biological child, you must file the petition before September 1, 2012. If you wait to file for relief, you will be barred! Contact an attorney now!

By Nacol Law Firm | Paternity
DETAIL

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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