Denton Child Custody Lawyer

Child Custody Attorneys Serving Denton, TX

Determining child custody is often one of the most emotional issues in a Denton family law case. Custody becomes a central concern in any situation where a child is involved, and parents or interested third parties seek a determination of rights and responsibilities. This includes cases of divorce, termination of domestic partnerships, legal separations, annulments, parentage/paternity actions, domestic violence restraining order requests, and grandparent custody/visitation actions.
Determination of Child Support

In Texas, child support is primarily determined by the non-custodial parent’s income and the number of children needing support. The state uses a percentage-based formula to calculate payments. For one child, 20% of the non-custodial parent’s net monthly income is allocated for support. This percentage increases with each additional child, up to a maximum of 40% for five or more children. Net income includes wages, salaries, bonuses, commissions, and other sources of income, minus federal and state income taxes, Social Security taxes, union dues, and health insurance premiums for the child. The goal is to ensure that the child’s financial needs are met in a manner consistent with the parents’ income levels.

Enforcement of Child Support Orders

Texas takes the enforcement of child support orders very seriously. The Office of the Attorney General (OAG) is responsible for ensuring compliance with child support obligations. Methods of enforcement include wage garnishment, where payments are automatically deducted from the non-custodial parent’s paycheck. Additionally, the OAG can place liens on property, suspend driver’s, professional, and recreational licenses, and intercept tax refunds. In extreme cases, non-compliance can lead to contempt of court charges, resulting in fines or jail time. These measures are in place to ensure that child support obligations are consistently met to provide for the child’s well-being.

Modification of Child Support

Child support orders in Texas can be modified under certain circumstances. A parent seeking modification must demonstrate a significant change in circumstances, such as a substantial change in income, loss of employment, or a significant change in the child’s needs. Additionally, if three years have passed since the order was established or last modified and the monthly amount of the child support award differs by either 20% or $100 from the amount that would be awarded according to child support guidelines, a modification can be requested. The court will review the case and decide if the modification is justified, always prioritizing the child’s best interests.

Duration of Child Support

In Texas, child support generally continues until the child turns 18 or graduates from high school, whichever occurs later. However, if a child is disabled, support may continue indefinitely, depending on the nature and extent of the disability. The court can extend support obligations in cases where the child requires ongoing care and financial assistance. Additionally, parents can agree to extend support for reasons such as college expenses. It’s important for parents to understand these durations to plan accordingly and ensure that the child’s financial needs are consistently met throughout their developmental years and beyond.

Health Insurance and Medical Support

Texas law requires that child support orders include provisions for medical support, which means providing health insurance for the child. The non-custodial parent is typically responsible for obtaining and maintaining health insurance if it is available at a reasonable cost. If neither parent can provide insurance through their employer, the court may order the custodial parent to apply for coverage through a government program like Medicaid or the Children’s Health Insurance Program (CHIP). Additionally, both parents may be required to share the costs of uninsured medical expenses, ensuring that the child’s healthcare needs are adequately met.

Establishment of Paternity

In Texas, establishing paternity is crucial for securing child support, custody, and visitation rights. Paternity can be established voluntarily or through legal proceedings. Voluntary acknowledgment occurs when both parents sign an Acknowledgment of Paternity (AOP) form, usually at the hospital following the child’s birth. This form is legally binding and adds the father’s name to the birth certificate. If paternity is disputed, either parent or the child can request a paternity test through the courts. The court will order genetic testing to determine the biological father. Establishing paternity not only secures financial support but also grants the child legal rights to inheritance, access to family medical history, and potential benefits such as Social Security or veteran’s benefits.

Need a Denton Child Support Attorney? Contact Denton Family Law Today!

Do you want a favorable outcome in your child support case? It’s crucial to hire an experienced family law attorney like Sanjay Biswas from Denton Family Law to represent your interests. Our team is well-versed in these cases and can ensure you are fully represented, giving you peace of mind and confidence. To speak with a professional about your child support case, contact our Denton Family Law Attorney team right away!