Fort Worth Child Support Attorney

Advocating for Parents in Child Support Matters in Texas 

When you are going through a divorce or separation and have children, determining child support is one of the most important things you will need to do. Child support can be a complicated matter, but with the help of an experienced child support attorney, you can ensure that you protect your rights and your child's best interests. We can also assist with post-judgment modifications, enforcement, and other related matters.

At the Law Offices of Law Offices of Mark M. Childress, PLLC, we have been representing clients in child support matters for over two decades. Our Fort Worth child support lawyers can help you understand your rights and obligations under the law and work to get a fair child support order in place. 

Are you dealing with a child support issue? Contact our firm today at (817) 497-8148 to schedule a consultation with our child support lawyers in Fort Worth.

What is a Child Support Order?

A child support order is a legally binding court order that requires one parent to make regular child support payments to the other parent. The child support order will specify the amount of child support that must be paid and when the payments are due. It will also specify how the payments must be made and how long the parent must make them. 

In Texas, child support is typically established through the court system. In a divorce or separation case, the court will make a child support order as part of the final judgment. In a paternity case, the court will make a child support order as part of the paternity judgment. 

A child support order in Texas typically addresses all of the following details:

• Who pays support and to whom. The order will identify the obligor parent, the obligee parent, and any state agency involved.
• How much is owed each month. The document states the base monthly support amount and any percentage owed for medical or dental coverage.
• When and how payments are made. The order explains the due date, method of payment, and whether income withholding will be used.
• How long support lasts. The order specifies when the child support obligation ends under Texas law.

How Child Support is Calculated in Texas

Child support is determined by the court and is based on a formula that is set forth in the Texas Family Code. This formula is used to calculate the monthly net resources of the parent who will be paying child support, as well as the number of children that the parent supports. 

The formula is as follows:

• 20% of the parent's net resources for one child
• 25% of the parent's net resources for two children
• 30% of the parent's net resources for three children
• 35% of the parent's net resources for four children
• 40% of the parent's net resources for five children

For six or more children, the court will determine the amount of child support based on the individual circumstances of the case. The court may also deviate from the guideline amount if it determines that the guideline amount would not be in the best interests of the child. 

The court will consider the parent's net resources when determining child support. Net resources are calculated by taking the parent's total income and subtracting certain amounts, such as federal income taxes, state income taxes, Social Security taxes, union dues, health insurance premiums, and more. 

Additionally, the court may consider other factors when determining child support, such as the child's financial needs, the parent's ability to pay, the child's age, and the child's health. The court may also consider the cost of daycare, education, and medical expenses. 

Is There a Cap on Child Support in Texas?

The Texas Family Code sets forth a “cap” on the amount of net resources that a court can consider when calculating child support. As of September 1, 2019, the maximum amount of net resources that a court can consider is $9,200 per month. This means that if the parent's net resources are more than $9,200 per month, the court may only use $9,200 per month when calculating child support.

However, the court is not limited to this amount if the child's proven needs exceed the amount of the cap. In such cases, the court may order additional child support. 

High-income families in Fort Worth often have children with expenses that go well beyond basic needs, such as private schooling, specialized tutoring, travel, or ongoing medical treatment. In those situations, the court will look at detailed evidence of the child’s actual needs to decide whether support above the cap is appropriate. Parents on either side of the case may need to provide budgets, invoices, and testimony to show what the child’s lifestyle has been and what is reasonable going forward, and a child support attorney can help organize and present this information so the judge has a full picture.

How Long Does a Parent Have to Pay Child Support?

In Texas, the court will typically order child support until the child turns 18 years old or graduates from high school, whichever comes later. However, if the child is disabled or has special needs, the court may order the parent to continue paying child support after the child has turned 18 years old.

Additionally, the court may order the parent to pay child support past the age limit if the child is still enrolled in high school and is reasonably expected to graduate before turning 19 years old.

The length of a support obligation can be affected by several common situations:

• Delayed graduation. If a child repeats grades or changes schools, the obligation may extend until high school is reasonably completed.
• Disability or special needs. Ongoing medical or developmental conditions can lead to support continuing into adulthood.
• Agreed extensions. Some parents choose to include support for college or training costs in private agreements approved by the court.

Can I Get Back Child Support If I Never Filed?

In Texas, the issue of back child support can be complex and may vary depending on individual circumstances. Generally, the right to seek back child support typically depends on whether a court order for child support was previously established. 

If there was no court order for child support in place and you never filed for it, it might be more challenging to retroactively claim back child support. However, there could be exceptions to this depending on the circumstances, such as if the other parent acknowledged paternity or there are other legal grounds for pursuing back child support. 

When retroactive child support is considered, courts may review factors such as:

• Each parent’s knowledge of their obligations. Judges look at whether the paying parent knew about the child and their potential duty to provide support.
• Any voluntary payments made. Evidence of informal contributions for housing, food, or activities can affect how much is owed.
• The child’s unmet needs. Courts may consider whether the child went without necessities because formal support was not in place.

In some situations, a Fort Worth court may look at whether the noncustodial parent has provided voluntary support in the past and whether there was any attempt to avoid legal responsibility. Evidence such as written agreements, bank transfers, or text messages about money for the child can all become important if retroactive support is requested.

How to Modify a Child Support Order

A child support order may be modified in Texas if there has been a material and substantial change in circumstances since the order was made. 

A material and substantial change in circumstances may include: 

• A significant increase or decrease in the parent's income
• The loss of a job
• A change in the child's financial needs
• A change in the child's health
• And more

If the parents agree to modify the order, they may be able to establish a new child support agreement and submit it to the court for approval. If the parents do not agree, the court will hold a hearing to determine whether the order should be modified. 

Parents in Fort Worth generally move through several key steps when seeking a modification:

• Reviewing the current order. You will compare the original terms to your current financial and family situation.
• Gathering documentation. Pay records, tax returns, medical bills, and school expenses help show how circumstances have changed.
• Filing a petition with the court. The case is usually filed in the Tarrant County court that issued your existing child support order.
• Attending mediation or hearings. You may negotiate a new amount or present your case to a judge if no agreement can be reached.

In Tarrant County, modification cases typically start with a formal petition filed in the same court that issued the original order, followed by service on the other parent and, in many cases, a mediation or conference before a full hearing. Judges will expect up-to-date financial documents, proof of any job loss or medical changes, and a clear explanation of why the current order no longer works. Parents who act quickly when a change happens—rather than simply stopping payments or paying less—are usually in a stronger position, which is why many families turn to a Fort Worth child support attorney as soon as they know a long-term change is coming.

How to Enforce a Child Support Order

A child support order may be enforced if the parent who is required to make child support payments is not doing so. Parents who are not receiving child support payments may be able to enforce the order through the court system. 

The court can help parents enforce child support orders in a variety of ways, such as: 

• Withholding the parent's wages by issuing an income withholding order to the employer
• Suspending the parent's driver's license or certain professional or recreational licenses until payments are brought current
• Intercepting the parent's tax refund and applying those funds toward past-due child support
• Other enforcement measures that may be available under Texas law, depending on the circumstances

In some cases, the parent may be held in contempt of court for failing to make child support payments. If the parent is held in contempt, he or she may be fined, ordered to pay the other parent's attorney's fees, and even sentenced to jail. 

When preparing to enforce a child support order in Fort Worth, it can help to focus on these practical steps:

• Documenting missed payments. Keep a written record or payment ledger showing when support was due and what was received.
• Collecting supporting evidence. Bank statements, correspondence, and prior orders can clarify the history of the case for the judge.
• Filing an enforcement action. A motion is filed in the appropriate Tarrant County court asking for specific remedies allowed under Texas law.

Enforcement hearings in Fort Worth require careful preparation, because the judge will want a clear payment history, documentation from the Texas Child Support Division if it is involved, and proof of any efforts you have made to resolve the problem informally. 

Child Support and Custody in Texas

While support is calculated based on income guidelines, the parenting time schedule and decision-making rights set out in your custody order often affect who pays support and in what amount. In Fort Worth, courts look at the overall parenting plan to make sure that children have financial stability in both homes and that neither parent is unfairly burdened.

When we work with parents on child custody and parenting plans, we also look ahead to how those arrangements will interact with current and future child support orders. For example, if a parent anticipates a major shift in possession time or plans to relocate within or outside Tarrant County, that change may open the door to a modification request. By approaching custody and child support together rather than in isolation, we help families create long-term solutions that are more likely to hold up over time and require fewer trips back to the courthouse.

What to Expect in a Fort Worth Child Support Case

As your case moves forward, you can expect to attend at least one hearing at the Tarrant County Family Law Center or another local courthouse, where a judge will review the facts and ask questions about income, expenses, and the needs of your child. In many cases, parents are able to reach an agreement through informal negotiation or mediation, and the court will simply review the proposed order to ensure that it complies with Texas law. When an agreement is not possible, the judge will hear evidence and testimony and then issue a ruling that becomes part of a written child support order.

Because we have handled child support matters in Fort Worth since 2007, we understand how local judges tend to approach common issues such as overtime income, self-employment, and parenting time disputes. 

How Our Fort Worth Child Support Attorney Can Help You

We can help by:

• Explaining Your Rights and Obligations: We make sure you understand how child support is calculated, what the law requires, and what to expect from the process.
• Ensuring Fair and Accurate Support Calculations: We review income, expenses, custody arrangements, and other factors to ensure child support is calculated correctly and fairly.
• Fighting for Your Financial Stability: Whether you are seeking support or being asked to pay, we work to secure a result that is reasonable and sustainable.
• Handling All Court Filings and Negotiations: We prepare and file all legal documents, communicate with the other party or their attorney, and represent you in court.
• Seeking Modifications When Life Changes: If you’ve experienced a job change, medical issue, or other major life event, we can help pursue a modification of your child support order.
• Taking Strong Action in Enforcement Cases: If the other parent is not paying, we pursue every available legal remedy to enforce the order and recover what your child is owed.
• Protecting Your Parental Rights and Your Child’s Future: Our goal is always to secure an outcome that supports your child’s well-being while also protecting your legal and financial interests.

Frequently Asked Questions

What Steps Should I Take If I Can't Pay My Child Support?

If you cannot make child support payments, it is vital to take immediate action to address the situation. The first step should be to contact the appropriate court or child support office to explain your situation. It is essential to provide any documentation that supports your claim, such as proof of unemployment or a change in income. Failing to address these issues proactively can lead to legal consequences, including wage garnishment, loss of licenses, or even imprisonment.

Next, you should contact your child support attorney to discuss modifying your child support order to reflect your current financial situation. This process involves filing a petition with the court and potentially attending a modification hearing. At Law Offices of Mark M. Childress, PLLC, our team can assist you in navigating these legal procedures, ensuring that your rights and responsibilities are appropriately represented and managed.

Are Custom Child Support Arrangements Possible in Fort Worth?

Yes, custom child support arrangements can be reached outside of court in Fort Worth, provided both parties agree. Parents often find that negotiating terms privately allows for more tailored arrangements that better fit their circumstances. Custom arrangements can include specific provisions for expenses outside regular child support, like extracurricular activities, travel, and educational costs. These arrangements, however, must be approved by the court to ensure fairness and enforceability. 

Can Child Support Be Directed to a Third Party?

In some cases, courts may allow child support payments to be directed to a third party or into a trust for the child’s benefit. This can ensure that funds are used specifically for the child's welfare when there are concerns about misuse by the custodial parent. However, such arrangements are not standard and require compelling reasons and court discretion.

The attorneys at Law Offices of Mark M. Childress, PLLC can help assess whether this option is appropriate for your situation and assist in presenting a persuasive case to the court if a third-party payment structure is deemed necessary. Such arrangements must still prioritize the child's best interests and uphold the principles of fairness and accountability.

What Are the Consequences of Delinquent Child Support Payments?

Failing to make timely child support payments can result in several significant consequences. In Texas, enforcement actions can include wage garnishment, interception of tax refunds, and suspension of licenses, including those required for professional, hunting, or fishing activities. Also, delinquent payments accrue interest, adding to the existing financial burden.

Non-payment beyond certain limits can also lead to contempt-of-court charges, which may result in penalties such as fines or even incarceration. Addressing delinquencies promptly by consulting with legal professionals at Law Offices of Mark M. Childress, PLLC can mitigate these severe outcomes, guiding clients toward potential solutions such as order modification or negotiated payment plans.

Contact Our Fort Worth Child Support Attorney Today

At the Law Offices of Law Offices of Mark M. Childress, PLLC, we can help you understand your rights and obligations under the law and work to get a fair child support order in place. Our Fort Worth child support lawyer can also assist with post-judgment modifications, enforcement, and other related matters. 

Our firm is committed to providing exceptional legal services and personalized representation to each and every client. We will work closely with you to understand your unique needs and goals and develop an effective legal strategy that is tailored to your specific situation. 

Contact our firm today at (817) 497-8148 to schedule a consultation with our Fort Worth child support lawyers.