Child support is a critical aspect of family law, ensuring that children receive the financial support they need from both parents. At Ashmore & Ashmore Law Firm, serving Rockwall, Texas, and Terrell, Texas, we understand the complexities of child support cases and are here to help you navigate through them.
What is Child Support?
Child support is when an obligee (the parent receiving child support payments) is granted financial support from an obligor (the parent responsible for making the child support payments) to support the needs of their children. The Texas Family Code provides guidelines for calculating the support payment amount; however, the court can sometimes order amounts above the guidelines. In certain circumstances, the court will consider modifying the payment amount by examining evidence of the children’s proven needs, including but not limited to any special needs or specialized educational or health requirements. A child support order can also be enforced when the payer fails to pay or pays late.
While it may seem like child support is a straightforward calculation, this is not always the case. Speaking with a lawyer about the specifics of your case and your children’s needs is crucial.
Modifying Child Support
Circumstances change, and so do the needs of children. Previous child support orders may no longer be appropriate and may need to be updated to reflect the current family situation. A court can adjust the child support if the circumstances of the child or person affected by the order have materially and substantially changed since the earlier of:
The date of the order’s rendition.
The date of the signing of a mediated or collaborative law settlement agreement on which the order is based.
It has been three years since the order was rendered or last modified, and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded according to the child support guidelines.
Additionally, the court may modify an order if the parties agree to an order in which the amount of child support differs from the amount stated by the guidelines, and the circumstances of the person affected by the order materially and substantially change.
Enforcing Child Support
Timely child support payments are crucial as the receiving parent typically depends on these funds to cover monthly household expenses. If an obligor does not pay on time (even if they pay in full each month), the delay can be addressed by the court.
A petition for enforcement is a request to the court to compel the obligor to make the previously ordered child support payments. Courts take child support very seriously and can impose severe sanctions for failure to pay, including jail time, suspension of driver’s or professional licenses, and monetary penalties.
Contact Ashmore & Ashmore Law Firm
At Ashmore & Ashmore Law Firm, we are dedicated to providing expert legal guidance in Rockwall, Texas, and Terrell, Texas. Whether you need assistance with establishing, modifying, or enforcing child support, our experienced team is here to help.
Navigating the intricacies of child support can be challenging. For personalized advice and dedicated representation, contact Ashmore & Ashmore Law Firm today. We are committed to ensuring that your children's needs are met and that your rights are protected.
For more information on how we can assist you with Rockwall Family Law, Terrell Family Law, Rockwall Divorce, and Rockwall Child Custody, visit our website or call us to schedule a consultation.
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