Child Support Lawyer in El Paso
Compassionate Legal Representation with Real Results
When a child does not live with both parents, the court may order the parent who does not have primary custody to pay child support. Securing support with the help of a child support lawyer will ensure your child’s basic needs are covered. The court will use several factors to determine the amount of support that is owed by the non-custodial parent. Parents who are ordered to pay child support must continue to pay the amount unless a modification is made by the court.
Contact the El Paso child support lawyers at the Aranda Law Firm to ensure your child gets the financial support they need to thrive. Call (915) 996-9914 today to schedule a consultation.
How Is Child Support Determined in Texas?
Child support is determined using several factors. Foremost, the court will look to the state guidelines. You can get a rough estimate using the Monthly Child Support Calculator provided by the Attorney General’s office. However, the court can order a parent to pay a different amount based on the individual circumstances of the case.
What Factors Will a Judge Consider?
In addition to the guidelines, the court will look at multiple factors to determine how much should be paid in monthly child support.
Factors a judge may consider when determining child support:
- The age and needs of the child
- The ability of each parent to provide financial support
- Financial resources available to the child
- The amount of time the child spends with each parent
- The custodial parent’s net resources
- Child care expenses
- Other children living with each parent
- Alimony or spousal support being paid or received
- Educational expenses
- Each parent’s debts
The court will always make a determination based on what it believes is in the best interest of the child while still taking into consideration the financial situation of each parent.
What If My Circumstances Have Changed?
Child support is a court order that must be adhered to unless a modification is made. Failure to pay child support can result in money being automatically withheld from your paycheck and criminal penalties. If you or your spouse’s circumstances have changed, you still need to comply with any court orders. Through the help of an El Paso family law attorney, you can petition the court for a modification.
How Much Is Given for Child Support?
While the court may determine the amount of child support to be paid on a case-by-case situation, the baseline in the State of Texas is 20% of the net monthly income of the non-custodial parent. The non-custodial parent is the parent that the child does not live with the majority of the time. For lower-income non-custodial parents, the baseline is slightly less.
When Does Child Support End?
Pursuant to state law, the court may order child support until a child turns 18, finishes high school, is emancipated through marriage, or death. If a child is disabled, the court can order child support to be paid indefinitely or until the child is no longer considered disabled in the eyes of the court.
How Are Child Support Payments Made?
Child support payments may be ordered to be paid in a number of ways. The most common is in periodic monthly payments; however, the court may also order a lump-sum payment, annuity payment, or payment through the setting aside of property. The court may also order a combination of any of these forms of payment.
How Does Unemployment Affect Child Support?
Unemployment may have a deep impact on the amount of child support that is paid. If a parent has $1,000 or less in monthly net resources, they may be required to pay up to 15% in child support if they only have one child. However, if the unemployment is intentional, the court may apply a child support amount based on the earning potential of the parent.
How to Obtain a Child Support Order
In order to obtain a child support order, you will need to apply through the Child Support Division of the Attorney General’s Office. In some cases, it may be necessary to go to court to secure the child support amount that you need to adequately cover your child’s expenses. Whether you are looking to obtain child support, enforce an order, or modify one, it is strongly recommended that you speak to a child support attorney as early in the process as possible.
Does Paternity Have to Be Established to Secure Child Support?
Under Texas law, paternity must be established. Paternity may be established by both parents signing an Acknowledgement of Paternity or through the courts. Paternity is established through the courts when one or both parents do not agree to sign an Acknowledgement of Paternity.
The courts generally establish paternity when it is questioned by the mother or father of the child. A parent should not sign an Acknowledgement of Paternity if they are unsure whether they are the biological parent of the child.
Experienced Representation for Child Support Cases
If you are seeking a child support order or would like to modify an existing order, it is strongly recommended that you speak to an attorney as soon as possible. An attorney can walk you through the complex legal process and help ensure your interests and rights are protected. Contact the Aranda Law Firm today to speak with a qualified child support lawyer in El Paso. (915) 996-9914
