Waco Child Support Attorneys

Comprehensive Child Support Representation in McLennan County

Child support is a major aspect of any custody matter or divorce, whether you will pay it or receive it. While there are guidelines in Texas for how much child support a parent should pay or receive, it is possible to deviate from these standards. At Milam & Fanning, PLLC, we strive to help you obtain a fair and favorable outcome by effectively telling your story. Our Waco child support attorneys have 30+ years of experience and can negotiate on your behalf to pursue a favorable result. We represent clients across Waco, Lorena, the Baylor University area, and throughout McLennan County, Texas.

Need help with child support enforcement or modification?
Contact us today at (254) 237-5602 to speak with an experienced attorney and get the support you deserve.

How Is Child Support Calculated in Texas?

The first part of determining child support obligations is to complete the state's support calculator. To get a baseline amount, this worksheet takes a number of factors into consideration.

These factors may include:

• Your income
• The frequency of your paycheck
• Whether you are paying for your child's health insurance
• Any other child support obligations you have, including the number of children you are supporting and how much you pay each month

What Other Factors May Affect Child Support in Texas?

Other variables are that may be included by the court when determining child support might be special needs, extra healthcare costs, and the child's standard of living prior to the divorce.

Reasons to Deviate from Standard Child Support Guidelines

If the calculator produces a number that you are not happy with — or you don't feel is fair — you can seek to deviate from it.

Some common reasons to seek a different amount are:

• The child has significant financial needs. Whether because of a medical condition or something else, if there are extra costs involved in supporting your child, you can seek a higher payment.
• You have substantial debt. In order to be effective, child support has to be affordable to the parent who is ordered to pay it. If you have significant debts or are going through bankruptcy, for example, it may be possible to seek a lower obligation.
• You spend a lot of time with your child. The more time you spend with your child, the lower the expenses of your child's other parent are likely to be. For example, if you watch your child while their other parent is at work, it saves money on childcare. Situations like this can be a reason to lower your support obligations.

While deviating from a baseline child support number is possible, it is not easy. It requires an effective explanation of why support payments should be adjusted and evidence to support it.

Enforcement of Child Support Orders

Child support is a legal obligation, and failing to meet these obligations can lead to serious consequences. If child support isn't paid, there are several legal actions that can be taken to enforce the order.

What Happens If Child Support Isn’t Paid?

If a parent fails to pay child support, the following actions may be taken:

• Wage Garnishment: The court can order that child support payments be deducted directly from the non-paying parent’s paycheck.
• License Suspension: Parents who fall behind on payments may have their driver’s, professional, or recreational licenses suspended.
• Contempt of Court: In severe cases, the court may find the non-paying parent in contempt, which could lead to fines or even jail time.

How to Enforce Child Support in Texas

If a parent isn’t paying child support, there are steps that can be taken to enforce the order:

• Filing Motions: A parent can file a motion with the court to compel the other parent to pay child support. This asks the court to take action to enforce the support order.
• Working with the Texas Attorney General’s Office: The Attorney General’s office can assist with child support enforcement by using state resources to collect unpaid child support.

Steps to Take If Child Support Isn’t Paid

If the other parent isn’t following the child support order, you can:

• Notify the Court: File a complaint or motion with the court to address the issue.
• Contact the Attorney General: Request assistance in collecting payments and ensuring enforcement.
• Explore Other Enforcement Options: Depending on the situation, you may be able to pursue other methods, such as liens on property or garnishing tax refunds.

Modifying Child Support Orders

Sometimes life changes, and child support orders need to be adjusted. Modification requests can be made if certain circumstances change.

How to Modify a Child Support Order

To request a modification, you must show that there has been a substantial change in circumstances. Some common reasons for modification include:

• Job Changes: A significant increase or decrease in income.
• Health Issues: Illness or injury that affects your ability to work or your child’s needs.
• Changes in Custody: If the parenting time or custody arrangements have changed.

You will need to file a petition with the court and demonstrate that the modification is in the best interest of the child.

When to Seek a Modification

Modification requests should be made when:

• A Parent’s Financial Situation Changes: If a parent loses their job, gets a promotion, or experiences a significant financial hardship, a modification may be necessary.
• Changes in the Child’s Needs: If the child’s medical, educational, or special needs increase, this could justify a modification.

Child Support for Special Needs Children

Children with special needs often have additional financial requirements. Child support may need to be adjusted to account for these increased costs.

Additional Costs for Special Needs Children

• Medical Treatments: Special needs children may require ongoing medical care or therapies that can be expensive.
• Educational Expenses: There may be additional costs for specialized education, tutoring, or accommodations.
• Support Services: Some children with special needs require continuous care, which can add significant costs to a parent’s financial obligations.

How Courts Handle Child Support for Special Needs Children

Courts consider the unique needs of a child when determining child support. In cases involving special needs children, the court will:

• Evaluate Medical and Educational Needs: The court will look at any additional costs related to the child’s condition.
• Adjust Support Payments: If a child’s needs require higher financial support, the court may increase the child support payments to meet those needs.

By understanding these factors, parents can better navigate child support orders and ensure their child’s needs are met.

Schedule Your Consultation to Discuss Child Support Today

The ability to handle child support matters skillfully is what sets our firm apart. When you work with Milam & Fanning, PLLC, your Waco child support attorney will take the time to get to know you. They will ask questions and dig for evidence that supports an argument in your favor. We are relentless in our effort to achieve a fair outcome, and we are ready to fight for you when you need it most.

Navigating Child Support in Waco & McLennan County

In Waco, navigating child support can be particularly challenging due to the unique economic landscape of McLennan County. Many families face financial strains, whether from job fluctuations or rising living costs, making it essential to understand how child support obligations can impact your budget. Residents of Waco often express concerns about the fairness of child support calculations, especially when unexpected expenses arise. For instance, if your child has special needs or if you are dealing with increased healthcare costs, these factors can significantly affect your financial obligations. Understanding how to present these circumstances to the court is crucial, and local attorneys can guide you through this process.

Additionally, the Texas Judicial Branch offers resources for parents looking to modify existing child support orders. Life changes, such as job loss or a significant pay cut, can create a need for adjustments. It's important to know that the court system in Waco is designed to accommodate these changes, but you must provide clear evidence of your situation.

As a community that values family, Waco residents understand the importance of ensuring that child support arrangements are fair and manageable. Whether you live in the heart of Waco or in nearby areas like Lorena or around Baylor University, our team is here to help you navigate the complexities of child support, ensuring that your voice is heard and your family's needs are met.

Frequently Asked Questions (FAQs) About Child Support in Texas

• Can child support payments be reduced if I lose my job?
  Yes, if you lose your job or face a significant reduction in income, you can file a petition to modify your child support order. You will need to provide proof of your job loss or change in financial circumstances to the court.
• Can I stop paying child support if my child no longer lives with their other parent?
  No, child support obligations do not automatically stop when the child changes residence. A modification of the child support order must be requested through the court to reflect any changes in custody or living arrangements.
• How long do I have to pay child support in Texas?
  In Texas, parents are generally required to pay child support until the child turns 18 or graduates from high school, whichever occurs later. However, support may continue if the child has special needs or is still dependent on the parent after turning 18.
• What happens if I can't afford to pay child support?
  If you are struggling to make child support payments, you should seek a modification of the order through the court. The court will review your financial situation and may adjust the amount based on your ability to pay. Ignoring the issue can lead to serious consequences.
• Can the court increase my child support payments?
  Yes, the court can increase child support payments if there are significant changes in the child's needs, such as medical expenses or special educational requirements. Additionally, if the non-custodial parent’s income increases, the court may adjust the child support accordingly.
• How can I ensure that my child support payments are being used for the child's needs?
  While there is no direct way to monitor how the custodial parent uses the child support, the payments are intended to cover the child's needs such as food, shelter, clothing, education, and medical expenses. If you have concerns, you may ask the court to review how the support is being used.
• Can child support be enforced across state lines in Texas?
  Yes, Texas has agreements with other states to enforce child support orders. The Texas Attorney General’s office can assist in enforcing child support payments even if the other parent lives in a different state.

Facing challenges with child support payments or need to modify your order?
Contact us now at (254) 237-5602 for experienced legal assistance and a consultation.