Austin Child Support Attorney

Child support is designed to ensure that children receive financial support from both parents, regardless of custody or marital status. When dealing with the establishment, modification, or enforcement of child support orders, experienced legal counsel is essential to protect your rights and safeguard your children’s financial well-being.

Call Thompson Law today at (512) 543-1973 to book a consultation with a highly experienced Austin child support attorney who can guide you through the challenges of Texas child support law and procedures.

Why Choose Thompson Law?

We have more than five decades of combined experience representing families with child support issues in the Austin area. Our Austin child support lawyers understand that financial obligations affect your ability to provide for your children while maintaining your own household expenses. We help in the following ways:

• Determining support based on income and family needs
• Establishing initial child support orders
• Modifying child support orders when circumstances change
• Enforcing payments when one parent fails to pay
• Representing parents in payment disputes or contempt cases
• Managing medical support and insurance obligations
• Handling interstate support under UIFSA
• Protecting parents’ other financial interests and obligations

Our track record of success is the result of our legal experience and acumen, the unique strategies and tactics we develop for each and every case, and our compassionate yet aggressive advocacy inside and outside the courtroom.

Understanding Child Support in Texas

Child support is a regular payment from one parent to the other to cover the costs of raising children. The parent who spends less time with the children typically pays support to the parent with primary possession, ensuring both parents contribute financially to their children’s needs.

Support obligations cover necessities such as food, clothing, shelter, education, and medical care, reflecting the principle that children deserve financial support from both parents, regardless of their relationship status.

How Do Texas Courts Calculate Child Support?

Texas courts calculate child support using statutory guidelines that apply percentages to the obligor parent’s net monthly resources. Judges consider various factors when determining each parent’s income and calculating appropriate support amounts.

Specifically, a parent’s net monthly resources include the following sources of income:

• Gross income from all sources, including wages, salaries, and bonuses
• Self-employment income and business profits
• Investment returns, such as interest, dividends and capital gains
• Rental and royalty income
• Retirement and pension benefits
• Trust income and annuities
• Severance pay and unemployment benefits
• Workers’ compensation and disability payments
• Alimony and spousal maintenance payments

The following items are deducted from gross income to determine the parent’s net monthly resources:

• Social security taxes
• Federal income taxes (rate for single person claiming one personal exemption and standard deduction)
• State income taxes
• Union dues
• Expenses for the cost of children’s health and dental insurance premiums

Texas child support guidelines cap the paying parent’s net resources subject to the percentage guidelines at $11,700 per month. When a parent’s income exceeds this threshold, the courts may consider additional factors to determine appropriate support for amounts above the cap.

Child Support Calculations

Texas law applies specific percentages to net monthly resources based on the number of children requiring support. The guidelines provide clear formulas that create predictable support obligations across cases. Standard calculation methods are as follows:

• 20% of net monthly resources for one child
• 25% of net monthly resources for two children
• 30% of net monthly resources for three children
• 35% of net monthly resources for four children
• 40% of net monthly resources for five children
• Not less than 40% of net monthly resources for six or more children

Our Austin child support attorneys calculate accurate support amounts by thoroughly analyzing income sources and applying appropriate statutory percentages to your case.

Above-Guideline Child Support and Below-Guideline Child Support

Texas courts may deviate from standard guideline percentages when specific circumstances warrant adjustments. Judges consider multiple factors when determining whether to order support above or below the guidelines.

Factors for above-guideline support include the child’s unique medical needs requiring specialized care or therapies, private school tuition and educational expenses, expensive extracurricular activities like competitive sports or performing arts, and drastic income differences between parents where the paying parent earns substantially more than the guideline cap. Courts also examine whether one parent is intentionally unemployed or underemployed to avoid support obligations.

Factors for below-guideline support may include significant parenting time where one parent has the child 50% of the time and incurs substantial direct expenses as a result, or when the receiving parent has independent wealth sufficient to meet the child’s needs. Courts require compelling evidence to deviate below guidelines, as Texas law presumes guideline amounts serve the child’s best interest.

How Long Do You Have to Pay Child Support in Texas?

Child support obligations continue until specific statutory conditions terminate the duty to pay. Support obligations typically terminate when:

• The child turns 18 or graduates from high school, whichever occurs later
• The child is emancipated through marriage, legal removal of disabilities of minority by court order, or by other operation of the law
• The child dies, or the parent-child relationship ends through adoption

Support may extend beyond age 18 if a child will not be capable of self-support due to a mental or physical disability that requires substantial care and personal supervision, and the disability exists, or the cause of the disability is known to exist, on or before the child’s 18th birthday. Our child support attorneys at Thompson Law will advocate for the correct amount and duration of any child support obligation.

Modifying Texas Child Support Payment Arrangements

Texas Family Code Section 156.401 governs child support modifications. Courts can adjust child support orders when there has been a substantial change in circumstances or at least three years have passed since the most recent support order and the modified amount differs by at least 20% or $100. Parents seeking a modification must demonstrate significant changes that justify altering the payment amounts:

• Significant income changes affecting either parent’s financial situation
• Changes in the child’s needs or medical expenses
• Alterations to custody or visitation arrangements
• Birth of additional children to the obligor parent
• Job loss or involuntary reduction in work hours
• Disability or serious illness affecting earning capacity

Our Austin child support lawyers gather documentation demonstrating changed circumstances and present persuasive arguments and evidence in support of your requested modification.

Enforcing Child Support Payment Orders

Parents who fail to pay court-ordered child support face serious legal consequences designed to compel compliance. Texas provides multiple enforcement mechanisms to ensure children receive the financial support they deserve. Enforcement options include:

• Wage withholding and income assignment orders
• Contempt proceedings that may result in jail time
• License suspension, including driver’s, professional, and recreational licenses
• Tax refund interception at the federal and state levels
• Liens against real estate and personal property
• Passport denial for substantial arrearages
• Credit bureau reporting of delinquent payments
• Bank account levies and asset seizures

The Texas Attorney General’s Office Child Support Division assists with enforcement in many cases. However, private attorneys often achieve faster results through direct legal action. Our Austin child support attorney team aggressively pursues non-paying parents through all available legal channels to recover past-due support and establish reliable payment patterns going forward.

Consult an Experienced Austin Child Support Attorney at Thompson Law Today

Do you need assistance establishing fair child support, modifying outdated orders, or enforcing payments against a non-compliant parent? Thompson Law is ready to protect your family’s financial security. Contact our firm at (512) 543-1973 or reach out online today to book a consultation with an experienced Austin child support attorney.