Cleburne Child Support Attorney

What is Child Support?

Child support is a court-ordered periodic payment made by one parent to another to assist with the financial costs of raising a child. The underlying philosophy of the Texas legal system is that both parents bear a continuous financial obligation to support their children, regardless of their relationship status.

In most custody arrangements, one parent is designated as the "custodial parent" (the parent with whom the child resides the majority of the time), while the other is the "non-custodial parent." Typically, the non-custodial parent makes child support payments to the custodial parent. These funds are designed to cover a broad spectrum of the child's basic needs, including housing, food, clothing, public education, utilities, and daily transport. 

Additionally, Texas law separates basic child support from medical and dental support, requiring parents to provide health insurance coverage and split uninsured medical expenses.

Texas Child Support Laws

Texas family law governs how child support is structured, calculated, and enforced. Under the Texas Family Code, child support is calculated based on a percentage of the obligor’s (the paying parent's) "net resources."

Net resources include salary, wages, tips, overtime, bonuses, commissions, self-employment income, rental income, and interest dividends, minus deductions for federal income taxes, Social Security, union dues, and the cost of the child's health insurance.

The statutory statutory guidelines establish standard percentage rates based on the number of children requiring support:

• 1 child: 20% of net resources
• 2 children: 25% of net resources
• 3 children: 30% of net resources
• 4 children: 35% of net resources
• 5 children: 40% of net resources
• 6+ children: Not less than the amount for 5 children

It is important to note that Texas caps the amount of net resources subject to these percentages. This cap is adjusted periodically by the state to account for inflation. When an obligor’s net resources exceed this statutory cap, the court can order additional support only if the proven lifestyle and material needs of the child warrant a higher amount.

How The Court Determines Child Support in Johnson County

When a child support case goes before a judge in the Johnson County courthouse in Cleburne, TX, the court begins with the presumption that the standard Texas statutory guidelines are in the best interest of the child. However, the court maintains the discretion to deviate from these guidelines if a parent can demonstrate that the standard application would be unjust or inappropriate under the specific circumstances.

To determine if a deviation is necessary, a Johnson County family court judge will evaluate several factors, including:

• The age and specific needs of the child (e.g., educational, psychological, or medical needs).
• The financial resources, earning potential, and liabilities of both parents.
• Childcare expenses incurred by either party to maintain employment.
• The amount of time the child spends with each parent under the possession order.
• Alimony or spousal maintenance being paid or received.
• Special expenses such as private schooling, specialized athletic training, or extracurricular activities.

Working with our firm ensures that your financial reality is accurately presented to the court. We meticulously compile income statements, tax returns, business records, and child expense inventories to ensure the court's determination is fair and truly reflective of the child’s needs.

Child Support Modification & Termination

Life changes, and an order that worked perfectly a few years ago may no longer fit your family's reality. In Texas, a child support order can be legally modified through a formal court action if there has been a "material and substantial change in circumstances."

Common grounds for a modification include:

• A significant increase or decrease in the paying parent’s income (such as a job loss, promotion, or demotion).
• A change in the child’s living arrangements or primary custody status.
• The child developing new medical, dental, or educational needs that require additional financial support.
• The paying parent becoming responsible for additional biological or adopted children.

You must remember that informal, verbal agreements between parents to change child support amounts are not legally binding. Even if both parties agree to a new amount, you must secure an official court order modification. Failure to pay the court-ordered amount can result in severe legal consequences, including wage garnishment, driver’s license suspension, and contempt of court charges.

When Does Child Support Terminate?

In Texas, child support obligations generally terminate when the child turns 18 years old or graduates from high school, whichever occurs later. Support may also terminate if a child marries, enlists in the military, or becomes fully emancipated through court order. However, if a child has a verified mental or physical disability that existed before their 18th birthday, a Texas court may order that child support payments continue indefinitely.

Frequently Asked Questions

How is child support calculated in Texas?

Texas generally calculates child support using a percentage of the paying parent's net monthly resources. The percentage varies depending on the number of children being supported.

Can parents agree to a different child support amount?

Yes. Parents may reach an agreement regarding child support, but the court must approve the arrangement and determine that it serves the child's best interests.

What happens if a parent refuses to pay child support?

The receiving parent may pursue enforcement through the courts. Enforcement tools can include wage garnishment, license suspension, tax refund interception, and contempt proceedings.

Can child support be modified after a divorce?

Yes. Child support may be modified when there has been a material and substantial change in circumstances or when statutory requirements for modification are met.

Does child support cover medical expenses?

Child support and medical support are separate obligations under Texas law. Courts typically require one parent to provide health insurance, and uninsured medical expenses may be divided between the parents.

Can child support continue after age 18?

In some cases, yes. Support may continue beyond age 18 for children with qualifying disabilities or until high school graduation if the child remains enrolled.

Do I need an attorney for a child support case?

While not legally required, having an attorney can be highly beneficial, particularly in contested cases involving income disputes, enforcement actions, or modification requests.

Contact a Cleburne Child Support Lawyer Today

Child support decisions can have long-lasting financial consequences for both parents and children. Whether you are seeking support, contesting a proposed order, enforcing unpaid obligations, or pursuing a modification, the legal team at Turner-Monahan, PLLC is ready to help.

Contact our firm today to speak with an experienced Cleburne child support lawyer and learn more about your legal options in Cleburne and throughout Johnson County, Texas.