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Whether establishing child support for the first time, modifying a previous order, or attempting to enforce an order of child support – this issue can turn even the simplest cases into a bitter point of dispute between parents. Not only which parent will pay, but how much will the paying parent be required to pay. It can turn seemingly cooperative parents into believing this case is “all about the money” or that the money is not being spent properly on the support of the children. These are very real issues that require experienced legal representation or this issue can quickly spiral out of control.
Our child support attorneys at Evans Family Law Group know how important the issue of financial security for your children is. Overall, however, it’s important to get it right. Don’t handle this challenging process alone.
The Texas Family Code sets the legal obligations for child support, requiring both parents to share child-related expenses. Typically, the noncustodial parent makes the payments.
Child support payments are calculated based on a percentage of the non-custodial parent’s net resources, including wages, commissions, and other earnings, after deducting specific expenses. These payments can be adjusted based on the payer’s net resources and any special circumstances that necessitate a deviation from the standard calculations.
Having an experienced Austin child support attorney helps ensure that parents pay child support accurately and that support payments are enforced.
Financial support for the child is the responsibility of the non-custodial parent in Texas. This support includes provisions for the child’s basic needs and education. The courts consider various factors, including the child’s quality of life and the financial needs of the child, to determine the appropriate support amount.
Child support is typically ordered until emancipates, marries, enlists in the military, turns 18, or graduates from high school. This obligation may continue even after a child turns 18, but remains enrolled, meets the full-time attendance requirements, and is working towards obtaining a GED or high school diploma.
However, a major exception to this rule involves children with special needs or a disability that requires substantial care and personal supervision because of a mental or physical disability and is not or will not be capable of self-support. In this event, provided the disability is known before the child’s 18th birthday, child support may be ordered indefinitely.
Our family law attorneys are very sensitive to the issue of children with special needs.
Calculating child support payments involves considering the non-custodial parent’s net income, which includes wages, dividends, and other earnings. The estimated child support payment amounts are determined based on the net monthly income. This helps in ensuring fair and accurate support for the child.
Texas law requires these payments to be based on the non-custodial parent’s income, and adjustments can be made to account for changes like education expenses, childcare needs, and any special requirements of the child.
The courts start with what is known as the “Texas Guidelines” for child support, which essentially utilizes set percentages of what is known as the paying spouse’s (or the “obligor”) “net resources” which has a presumed cap of $7,500.
Determining a potential obligor’s “net resources” can be difficult and depends entirely upon the circumstances of your particular case. Net resources can differ depending upon whether a paying parent is paid hourly, receives a salary, has “fringe benefits” as part of a compensation package, is paid quarterly bonuses, works on commission, is self-employed, or has multiple jobs.
This chart below is simply a guide for cases where the paying parent has net resources which are $7,500 or less.
The percentages above will automatically be adjusted if the parent obligated to pay child support has other minor children that he or she has a legal obligation to support. It is important to keep in mind that these figures are just guidelines. The amount of support to be ordered or agreed upon in your case depends greatly upon several factors, for which our child support attorneys are very experienced.
Please be aware that legal regulations including potential capped dollar amounts may change over time. For the most current and accurate information, consult with a legal professional to ensure accuracy in your specific situation.
In April 1995, the Texas Legislature adopted Tex. Family Code § 154.123 sets forth the factors the court may consider in ordering child support that deviates from the guideline::
Child custody arrangements influence child support calculations because the amount of time each parent spends with the child directly impacts the financial responsibilities assigned to each parent. Physical custody is the determining factor in who is required to make child support payments in Texas. The more time a parent has physical custody of the child, the more they are likely to incur daily expenses related to the child’s care, such as food, clothing, and housing. Consequently, the parent with less physical custody time may be required to make higher child support payments to ensure the child’s needs are met consistently across both households. This ensures that the child’s standard of living is maintained regardless of which parent they are with.
The interplay between child custody and support determines the financial responsibilities of each parent. In Texas, even when parents share joint custody, the higher-earning parent might be mandated to provide child support. This ensures that the child maintains a consistent standard of living across both households, reflecting the court’s primary concern for the child’s well-being.
Custody arrangements can affect child support calculations, factors such as changes in the child’s needs or shifts in custody can lead to adjustments in support payments. This knowledge empowers parents to make informed decisions and secure appropriate support for their children.
Modifying child support due to changes in custody arrangements is a common scenario. When a parent’s time with the child increases to 92 or more overnights, their child support obligation may be reduced to reflect the increased parenting time. This adjustment ensures that the financial responsibilities are fairly distributed based on the time each parent spends with the child.
Parents must work through these modifications with the help of a knowledgeable child support attorney. Presenting compelling evidence to the court for such changes is crucial, as only a court order can officially modify the support agreement. This process ensures that the child’s needs are met in line with the current custody arrangements. Our Austin child support lawyers at Evans Family Law Firm are here to provide the support and guidance you need throughout this process.
To initiate and modify child support orders in Texas, you must submit the necessary documentation and collaborate with a skilled child support lawyer from Evans Family Law Firm to guide you through the process. Child support orders can be modified in response to significant life changes, such as changes in income, the child’s needs, or custody arrangements. Our experienced child support lawyers can assist in understanding legal terms and facilitate the modification process.
To initiate a child support case in Texas, necessary documentation must be submitted to the appropriate court. The preferred method is to apply for child support services online, offering a faster and more streamlined process. Legal assistance can help ensure compliance and advocacy throughout this process.
Child support payments can be modified when there is a significant change in financial circumstances or if the child’s needs change substantially. Our Austin child support lawyer can help navigate the modification process, presenting compelling evidence to the court.
To support a request for adjustment, you need to provide evidence such as medical records, school expenses, and other relevant documentation. Changes in employment status or medical coverage can also warrant a review and modification of the existing child support order.
Handling complex child support cases requires comprehensive support. At Evans Family Law Firm, our child support lawyers work closely with our clients to ensure child support arrangements cater to the well-being of both children and their parents, taking into account income variability or undisclosed income.
High-income child support considerations involve ensuring fair support arrangements for children of wealthy parents. Courts may consider the child’s lifestyle and needs to ensure the support provided reflects an adequate level of care, potentially exceeding standard guidelines, ensuring that children of high-income parents receive appropriate support.
Enforcing child support agreements in Austin requires the use of legal tools and the handling of non-compliance issues. The Office of the Attorney General enforces child support orders, using various methods to ensure parents meet their obligations.
Parents who fail to adhere to their child support payments may face consequences such as contempt of court, criminal warrants, liens, wage garnishments, fines, or even alterations to future support arrangements. Our child support attorneys in Austin can assist in establishing wage withholding orders and obtaining judgments for overdue amounts.
Failing to make full child support payments can lead to legal penalties and consequences for non-compliance. Legal tools for enforcing child support payments include wage garnishment, contempt proceedings, and liens on property. These methods help ensure compliance and accountability for child support obligations.
Non-compliance issues may involve pursuing enforcement actions and seeking legal assistance. Wage garnishment is a common method to secure payment from non-compliant partners, ensuring child support is automatically deducted from the noncustodial parent’s paycheck.
In cases of non-compliance, Evans Family Law Firm pursues enforcement through contempt proceedings, which can lead to fines or imprisonment for the non-paying parent. Placing liens on a non-compliant parent’s property is another method to recover child support arrears.
Selecting the right child support lawyer in Austin involves more than just finding someone with legal experience. You need a lawyer who understands the intricacies of Texas child support laws and offers compassionate advocacy and strategic thinking. This combination ensures that your case is handled with the care and precision it deserves.
An experienced child support attorney should:
Their experience helps in negotiating and litigating cases effectively, preventing issues from escalating.
Additionally, selecting a lawyer who offers personal attention to each case guarantees a compassionate approach in alignment with the emotional aspects of family law matters. Such empathy can make a significant difference in how your case is handled and the outcomes achieved.
Navigating the complexities of child support and family law can be overwhelming, but Evans Family Law Firm is here to assist you every step of the way. Our trusted and experienced attorneys are dedicated to providing comprehensive support tailored to your unique situation. With a creative and strategic approach, we ensure that your case is handled with the utmost care.
At Evans Family Law Firm, we are known for our high-end family law representation, providing a concierge level of service and focusing on the unique details of each case. Our commitment to client service helps ensure successful results.
A strategic approach to child support disputes involves:
We are careful to understand the details to set people up for success. It is driven by a conscientious examination of the details in each child support matter, ensuring clients receive the best possible outcomes.
We offer representation for child support in the following areas:
Here’s how we can help:
Our team of skilled lawyers is well-versed in Texas child support laws and family law matters. We offer legal guidance to ensure that your rights are protected and that you understand all aspects of your case.
At Evans Family Law Firm, we believe in giving each case the personal attention it deserves. We take the time to understand your specific needs and circumstances, crafting a strategy that aligns with your goals.
We understand the emotional toll that family law issues can take. Our compassionate approach ensures that you feel supported and understood throughout the legal process. We strive to create a positive environment where your concerns are heard and addressed.
Whether through negotiation or litigation, our strategic representation aims to achieve the best possible outcomes for you and your children. We are prepared to handle tough cases and are committed to fighting for your interests.
From initiating child support orders to modifying existing arrangements, our comprehensive support covers all aspects of child support and family law. We assist with documentation, court proceedings, and enforcement actions to ensure that your case is handled efficiently and effectively.
Whether you are fighting to establish child support or attempting to defend a claim for child support, you need experienced legal representation. Child support can be very complicated and it’s important to get it right to allow for financial planning. Austin Child Support Attorney James W. Evans has over 17 years of experience and is Board Certified in Family Law by the Texas Board of Legal Specialization.
Don’t let child support issues overwhelm you. With offices in Austin and Bastrop, we help families in Travis, Williamson, Bastrop, and Hays Counties. We work with clients in all the surrounding communities, including Bastrop, Buda, Cedar Creek, Cedar Park, Elgin, Georgetown, Hutto, Kyle, Lakeway, Leander, Paige, Pflugerville, Round Rock, Rollingwood, and San Marcos.
Our dedicated team is ready to provide the support and guidance you need to secure your child’s financial future. Call us today and take the first step towards a fair and stable arrangement for your family.
Client Reviews
2 months ago 
I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers. The firm as a whole was efficient, professional, and supportive, which made a difficult process much easier to navigate. I highly recommend Jimmy Evans and his team.
James W. Evans is a board-certified family law attorney and the founder of Evans Family Law Group. With over 25 years of experience, he has built a reputation as a trusted advocate for Texas families navigating divorce, custody, and complex family law matters.
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Enforcing a child support order when the other parent lives out of state can be challenging but is possible through the Uniform Interstate Family Support Act (UIFSA). This act allows for cooperation between states to ensure that child support orders are enforced across state lines. By working with an experienced child support lawyer, you can file the necessary paperwork to initiate the enforcement process in the other parent’s state.
If the non-custodial parent loses their job and cannot pay child support, they should immediately notify the court and request a modification of the child support order. The court will review the change in circumstances and may adjust the payment amount temporarily or permanently. It’s crucial to address this issue promptly to avoid accumulating arrears and potential legal consequences.
Yes, child support can be used for a variety of expenses beyond just basic needs such as food and shelter. These payments can cover educational costs, extracurricular activities, medical expenses, and even childcare. The goal is to maintain the child’s standard of living and ensure they have access to the necessary resources and opportunities.
In most cases, child support payments cannot be waived because they are considered the child’s right rather than the parent’s. However, under certain circumstances, such as mutual agreement between parents and court approval, modifications can be made. It’s important to consult with a child support lawyer to understand the legal implications and ensure that any agreement is in the child’s best interest.
The time it takes to modify a child support order varies depending on the complexity of the case and the court’s schedule. Generally, it can take several weeks to a few months from filing the modification request to receiving a court decision. Providing thorough documentation and evidence supporting the need for modification can help expedite the process.
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Evans Family Law has been wonderful to work with. I am grateful that I found them and hired them for my legal needs!
He took the time to talk to me and answer questions. I would recommend Jimmy to anyone seeking help with their legal needs.
Thank you Evans Family Law!
I had a great experience with Evans Family Law Group! Their legal team took time to clearly answer my questions and make sure I knew what was going on with my case. They were super easy to work with and knew exactly how to handle all the various obstacles that popped up over the course of my divorce. I am very happy I worked with them and would absolutely recommend them to anyone else!
The Evans Family Law Group was patient with me, protected my interests, and kept me inline. They responded in a timely fashion and provided updates with each step along the divorce process. Their forethought in decree language saved me.
Evans Family Law Group was the first business that didn’t quote me an outrageous number while also telling me that I may need to pay more later. Jimmy gave me a flat rate that was significantly lower than the multiple other firms I called prior. He was also very quick with communication and even sent a description of every form he sent so I would understand the whole process better. Dina was also incredible as she as she was able to notarize the forms remotely and kept me updated through every step of the process. To my surprise, Jimmy and Dina were able to make this process so smooth and simple and I cannot be more grateful. Thank you both very much!
Great communication and very empathetic!
I had a great experience working with James Evans. He was extremely responsive, easy to work with, and able to meet my tight timeline without sacrificing quality. I appreciated his clear communication and attention to detail throughout the process.
I would like to take this opportunity to thank the Evans Family Law firm for working with me on my extended divorce process. Giving special attention to Ms. Caitlin McGregor. Always the consummate professional. I truly felt well represented with not only her knowledge of family law but she took time to be sure I felt heard. She always kept me well informed, which helped tremendously with the anxiety that came along with the seemingly endless divorce.
She showed real concern which kept me on a positive note in what has been a very dark time for me and proved to be a great negotiator on my behalf. Not to forget she was also working with an awesome team of paralegals and professionals. Thank you all for your hard work and persistence in this case.
I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers.
I have had an excellent experience with the staff of Evans Family Law. They have all been very friendly and efficient with my case, and have always been honest and accountable in all situations. I would employ them again for any family law needs I may have. I’m very pleased with their work.
Jimmy has an encyclopedic knowledge of the law, extensive experience with a wide range of cases, and as a result is someone I could completely trust to know what he was doing. He was always willing to explain why certain issues that were under dispute were/were not likely to be upheld by a judge and gave me a very honest sense of what to expect before a judge, with respect to anything I asked him.
He took the time to talk to me and answer questions, and was an ethical advocate who was clearly seeking the best outcome for the children. Rarely do I post reviews, but I chose him based on ones I read by people equally unfamiliar and scared by family law, divorce, and custody as I was; and he was a gem in guiding us through a difficult time. I’m so grateful to have found him, and recommend him as one of the most ethical and professional people I’ve ever worked with.
Are you facing the prospect of a divorce in Austin and unsure where to turn for guidance? Handling the challenges of divorce can be difficult, especially when it involves issues like child custody, property division, and spousal support. Our Austin divorce lawyers are committed to helping you find effective solutions that protect your interests and provide peace of mind during this pivotal time. For personalized legal assistance with your divorce, reach out to Evans Family Law Group today.
Our Bastrop County Divorce Lawyer guides you through the multiple steps of divorce, ensuring your rights and interests are protected every step of the way. Imagine trying to handle a divorce without a knowledgeable guide—it’s like sailing through a storm without a compass. For example, understanding Texas divorce laws, like residency requirements and property division, can be confusing without help. Don’t face this challenging time alone.
Imagine facing the daunting task of dividing assets, determining child custody, and navigating spousal support—all while dealing with the emotional strain of a marriage ending. This is where a skilled divorce lawyer steps in and provides the necessary support to make the process as smooth as possible. A Hays County Divorce Lawyer is dedicated to guiding individuals through the divorce process with knowledge and compassion.
Divorce is a challenging and emotional process that can be overwhelming without the right support and guidance. If you are considering or going through a divorce in Travis County, having a knowledgeable divorce lawyer by your side is imperative. A Travis County divorce lawyer can help you navigate the complexities of local family law, protect your rights, and ensure a fair outcome.
Divorce is a challenging and emotional process. Navigating the challenges of divorce can be overwhelming, especially when you’re unsure where to start. A Williamson County Divorce Lawyer will guide you through the process, ensuring that your rights and interests are protected every step of the way.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
Our Austin divorce lawyers are committed to helping you find effective solutions that protect your interests and provide peace of mind during this pivotal time.
Agreed Divorce can help you move forward with dignity, grace, and respect. Evans Family Law Group helps Austin-area families.
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At Evans Family Law Group, we combine our in-depth knowledge, strategic approach, and commitment to you to achieve optimal results.
Effective in and out of the courtroom with 17 years in practice and over 100 jury trials to our credit.
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