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Protecting What Matters Most
Protecting What Matters Most
Child support can cause anxiety and resentment. The idea of a law-enforced payment obligation cutting into your resources every month can be scary.
If it’s any consolation, that money isn’t headed into your ex’s pockets. Rather, it is for your child. If you were the possessing conservator (custodial parent) you would probably spend about as much on the child’s food, clothing, medical care, dental care, school expenses, and so on.
Read some of the common questions Evans Family Law Group receives on child support, or contact us if you live in or near Austin area and want legal representation.
Texas uses a standard formula to determine child support. The state takes the non-possessing conservator’s net income and subtracts Social Security taxes and any amount you pay in health insurance premiums to cover your child (called “medical support”).
Texas takes a percentage of the remaining income based on the number of children you need to support:
For six or more children the amount may exceed 40%, but it will never be lower than 40%. Parents paying child support into multiple households are subject to additional rules.
There’s no official formula for dealing with 50/50 possession. But if you and your ex already work well enough with each other to agree on such a schedule, you can propose a child-support payment that varies from what the standard Texas schedule specifies.
Keep in mind that a judge will still review the proposed plan to make sure it still is in the best interests of the child, and the judge can override it if he or she deems it inadequate.
An “offset” is a common method for resolving that situation. In that case, each parent calculates what he or she would pay as the non-possessing conservator. The court takes the difference between the two, and then the higher-earning spouse pays the difference to the lower-earning spouse. Other formulae exist in case the offset method doesn’t work for whatever reason (like because one spouse earns a variable income). You can contact our law offices to find out what a judge is likely to accept.
Unpaid child support has a 6% interest rate, so failing to pay increases your debt. Usually, interest starts accruing long before serious enforcement actions begin
Once the Attorney General’s office goes into enforcement mode you may be in for trouble. Up to 50% of your payments may be withheld from your paycheck. You may be charged with contempt of court, a misdemeanor that can carry a $500 fine, 6 months in jail, or both.
You may also lose professional licenses, your driver’s license, and any other license issued by the State. The State can block vehicle registration and passport renewal. You may not be eligible for state contracts, grants, or loans. You could wind up with a lien on your property. On top of all that, the Attorney General may also assess monetary damages.
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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You can apply for a modification of your child support if your circumstances change in a significant way, including if you change jobs or income.
Stay in touch with the Child Support Division, and pay as much as you can. Staying in touch generally means the department will work with you until your problem is resolved. Refusing to communicate your troubles and failing to make several payments is the fastest way to trigger support-enforcement actions.
Contact Evans Family Law group at (512) 628-2550. We’re here to help.
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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.
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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.
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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.
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.
At Evans Family Law Group, we combine our in-depth knowledge, strategic approach, and commitment to you to achieve optimal results.
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