A Compassionate Team of Child Support Attorneys

The Process of Determining Child Support

Following a divorce or separation in Arlington, Southlake, Westover Hills, or other areas throughout TX, child support is paid by the non-custodial parent to the parent with custody. These payments are intended to cover any number of expenses for your children's needs. Texas family law determines the amount of these payments based on the specific facts of your case. Our lawyers can provide you with guidelines that are used as a starting point so that you can have a general understanding of what to expect.

In certain instances, these guidelines may be deviated from in order to reach the proper amount of support. If you have such a case, our Arlington, TX, child support attorneys can assist you in determining proper payments. Regardless of the amount, child support orders for our clients are meant to benefit the wellbeing of the children involved.

When is Child Support Granted?

Divorce

Sometimes a couple cannot work out their differences and the relationship ends in divorce. In Texas, most cases see one parent granted child custody. In such cases, the non-custodial parent will have to pay child support. The needs of the children and the financial ability of the parents to pay are taken into consideration when support is ordered by a Texas court during a divorce. To determine payments, the court will first reference the child support guidelines and then review any extenuating circumstances. Parents should expect to provide financial information to the court for review during this process. The final order must be followed, regardless of whether the custodial parent allows visitation.

Separation

When parents decide to separate, issues regarding custody and support must still be made. The same factors that come into play during divorce are also reviewed when parents separate in Texas, but the type of lawsuit is different. It is possible to file an action for child support without also filing for divorce. The standard remains the same in these matters as what parties would face in a divorce. The attorneys at our Arlington, TX, law office can provide the same level of assistance during a separation as we do in a divorce.

Paternity

If you are considering an action to establish paternity, part of that case should include a request for child support. Once the court determines parentage, it is appropriate to seek an award of child support. It is important to remember that a paternity action in Texas is about more than just obtaining an award of child support. Establishing paternity also gives the father and child a chance to build a relationship and form an emotional bond that can last a lifetime. Our Arlington, TX, lawyers gladly help fathers who have established paternity build these relationships.

The Purpose of Child Support

In Texas, child support payments are intended to be used only for the benefit and care of your child. The parent receiving support is permitted to make the decision as to what the payments cover. Keeping the payments separate from other assets is not a requirement for receiving child support. A few examples of what child support payments can be used for include:

Medical and Healthcare Needs

Your child's health is of the utmost importance. Expenses required to help them stay healthy such doctor office visits, co-pays, prescriptions medication costs, the employee portion of health insurance provided by an employer, or any other cost associated with the healthcare and medical needs of the child all qualify for child support funds.

Educational Expenses

The importance of a good education cannot be understated. A high-quality education can make all the difference in your child's future. Costs that may reflect education expenses such as tuition costs, expenses for tutors, or test preparation courses can all pay dividends towards the long-term wellbeing of your child as they make their way through the education system.

Extracurricular Activities

When it comes to higher education, extracurricular activities can make a significant contribution towards being granted entry into a top-tier school. To provide your child with a diverse resume of extracurricular activities, relevant expenses such as registration fees for camps, sports, music lessons, entry fees for dance competitions, and the cost of equipment can assist in your child's success.

Basic Needs

It may seem obvious, but basic necessities are covered by child support as well. Mortgage payments, rent, electrical and utility bills, clothing, transportation costs, and other expenses related to maintaining a healthy home environment are fundamental to allow your child to thrive.

What if I Have Stopped Receiving Child Support Payments?

You may find yourself in a situation where you need an attorney to involve the court in order to enforce a support order. If payments are not being made, the state of Texas has a process to ensure you receive the payments your child is entitled to. Our Arlington, TX, attorneys can help you work through this process.

Can I Withhold Payments If I Am Being Denied Visitation Rights?

Oftentimes, our lawyers encounter a parent withholding payments when their co-parent denies contact with their child. Visitation and support do not go hand in hand. A parent may have justification to refuse support payments for being denied visitation, but to do so on your own is against Texas state law. The correct approach is to continue making payments and file a contempt action with the court. A parent can also refuse visitation when payments are not made, but again, these changes must be made through the proper legal channels.

If you are facing one of these conflicts, it is in both the interest of you and your child to contact our Arlington, TX, lawyers. We will listen to your situation and help you work through the legal process.

What If My Child Support Payments Are Not Being Used Properly?

The line can easily become blurred when determining if a parent has used support payments as intended. There is a lot of discretion given to the parent receiving the payments, which can make it difficult for the non-custodial parent to rest assured the payments are being used for a proper purpose. The test for what is considered proper will center on whether your child benefited from the funds, and if your child’s needs are being met. 

If there is a disagreement or question as to whether support payments are being misused, the payor is not allowed to simply stop paying, rather a motion with the court must be filed and evidence of the alleged abuse presented. If this is the case, our Arlington, TX, child support lawyers can assist the paying parent with this process.