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We believe that a family law lawyer/attorney in McKinney, Denton, Houston or Dallas, Texas should be able to adapt his or her personal style to serve best the needs of the client in each particular case. A versatile family law attorney/lawyer located in Dallas, Denton or Houston, Texas can be cooperative but firm in negotiation when the objective is to settle the case, and can be aggressive and “play hardball” when a case is in litigation. By comparison, a lawyer whose only style is to be aggressive and combative will decrease the chances of reaching a successful settlement. Further, a lawyer whose only style is to be “laid back” will not serve the client well in the courtroom. Our family law lawyers/attorneys qualified in McKinney, Collin County, Plano, Frisco, Houston, Denton and Dallas, Texas versatile approach is intended to maximize the quality of legal representation and to further your goals in your case.
"If you ask for an increase in child support, I'm going to take custody of the children away from you." This is a common threat made by the noncustodial parent (let's assume it is the father) to the custodial parent (the mother). Is it possible that dad could go back to court after the divorce and get custody of the kids? Sure, that's possible, but not because mom asked the judge to give her an increase in child support. Unfortunately, the threat often paralyzes mom, keeping her from taking action to get additional money for the children. As a result, a lot of kids are getting less financial support from their noncustodial parent than they are entitled to and need.
Texas divorce courts have what is called "continuing jurisdiction" over matters pertaining to the children. This means that the court retains the power to modify its orders about custody, visitation and support until a child turns 18 or graduates from high school, whichever occurs last. Either parent can file suit, asking the judge to modify some or all of the orders concerning the children. Let's say mom files a motion to increase child support. Dad could file a counter-suit asking for a modification of the custody or visitation arrangement. Asking and getting are two different things. The Texas Family Code governs these matters and sets out strict requirements which must be met before the court can even consider changing custody. Compelling evidence of the need for the change must be presented in court. The judge must be persuaded by the evidence that a change would be best for the children. The fact that mom has asked for an increase in child support is simply not going to get that job done.
With mom's fear of losing custody of the children put in proper perspective, the question is whether mom is entitled to an increase in child support. In 1989, the Texas Legislature adopted child support guidelines which are a part of the Family Code. These guidelines set out a procedure for determining how much child support dad should pay. The amount must always be based on the circumstances existing at the time the support order is made. Of course, as time goes by, those circumstances are likely to change. For that reason, the court has the power to change the support order as often as necessary.
The first question: What are dad's "net resources"? Let's assume his gross monthly income is $4,000. The judge has to adjust that gross monthly income by a set amount to determine the net resources. It does not matter how much is actually withheld from dad's pay for taxes, insurance, or pension contributions. If he makes $4,000, then, by law, his "net resources" are $2,976.29 per month. The amount of child support will be based on that number. The income of dad's new wife will not be considered in determining his net resources. These calculations apply strictly up to a maximum of $6,000 per month in net resources. The percentages vary, depending on the number of children. It is 20% for one child, 25% for two children, 30% for three children and on up to 40% for five or more children. If dad is also paying court-ordered support for another child to another mother, the percentage amount is reduced. The child support calculations are based on the presumption that dad is also paying the cost of providing health insurance coverage for the children. If mom is paying for health insurance, dad will also have to reimburse her for the premium.
The second question: What are the financial needs of the children? This is not the amount being spent on them today, but the amount which would be required to meet all of their reasonable needs. Needs include housing and transportation, food and clothing, educational and recreational expenses, uninsured medical and dental expenses. Summer camp can be included, along with tutoring, day care, grooming, gifts and entertainment costs. Keep in mind that the needs of the children are probably going to be higher than the amount actually being presently spent on them. Mom should not be afraid to ask for an increase in child support just because she and the kids are surviving on the funds they have available. The reasonable needs of the children may be greater. All it means is that mom cannot afford to meet those needs.
The third question: What has changed since the date of the last child support order? Have dad's net resources increased? Have the needs of the children increased? If the answer to both questions is "yes," then an increase in child support will probably be ordered. If the needs of the children have increased, but dad's income has stayed the same or even decreased, then a change is not likely. Of course, there are exceptions to that rule of thumb. The court is not strictly bound to the set percentage of dad's net resources. If a child has exceptional needs which simply must be met, perhaps as a result of a medical condition which has come up since the last order, then the judge might increase child support even if dad's income has not gone up.
The fourth question: What is the procedure? Mom or her lawyer must file suit in the court where the last order was made. If she and the children have been living in a different county for at least six months since the last order, the case can be transferred to a court in the county where they now live. Dad will have to be served with papers letting him know that the suit has been filed. He will have about 20 days to file his written answer. Next, the case will be set for trial before the judge, usually in two to three months. Prior to trial, mom will be entitled to review dad's income tax returns and pay records to determine his new net resources. Dad will be entitled to ask mom about the needs of the children. If an agreement is reached at any time prior to trial, a new order can simply be presented to the judge for signature. No trial would be necessary in that situation.
The final question: What about the cost? The filing fees and court costs charged by the county will vary from county to county, but will usually be about $250. There will also be the expense of attorney's fees. The amount will depend on the rates charged by mom's attorney and how difficult dad makes the case. The judge has the authority to order dad to pay some or all of mom's attorney's fees, but this won't happen until trial. In most cases, the attorney will expect mom to pay at least part of the fees at the beginning of the case. She will need to weigh these costs against the amount of increased support she is likely to get based on what is known about dad's income, taking into consideration the ages of the children. If, for instance, it appears that mom is entitled to an increase of $200 per month and will be receiving child support for another five years, then the total increase will be $12,000. Obviously, the benefit would outweigh the cost and she should proceed. Many attorneys offer a free consultation to help mom make the initial determination about whether to file suit.