Navigating Child Custody and Child Support in El Paso: A Conversation with Abbie Laine

Child support is often one of the most stressful and misunderstood aspects of a family law case. In a recent podcast episode, Abbie Laine, founding attorney of Laine Law Firm, PLLC, sat down to demystify the intricacies of the Texas child support system and how it specifically impacts families in the El Paso border community.

The Basics: Who Pays and How Much?

In Texas, child support is determined by which parent the court designates as the primary or custodial parent. The other parent, known as the obligor, is responsible for monthly payments.

The standard percentages for calculation are:

• 1 Child: 20% of net resources
• 2 Children: 25% of net resources
• 3 Children: 30% of net resources

Abbie highlighted a critical 2026 update: the income cap for these calculations has increased to $11,700 per month in net resources. For high-income earners in El Paso, this means their obligation could be significantly higher than in previous years.

The Border City Challenge: Cash Trades and Undocumented Workers

El Paso’s unique status as a border city brings specific challenges, particularly when parents work in the "cash trade." Abbie explained that enforcing support in these cases is more complex but not impossible. Her firm utilizes tax returns, bank statements, and lifestyle audits to prove income. Furthermore, if a parent refuses to work, the court may find them "intentionally underemployed," presuming an income of at least minimum wage for support calculations.

The Trap of Direct Payments

One of the most valuable warnings Abbie shared involves the method of payment. Many parents mistakenly believe that paying via Cash App, Venmo, or physical cash is sufficient because it leaves a digital trail.

However, without an official record through the Attorney General’s Child Support Division, a parent can deny receiving the funds, leading to costly enforcement actions. Abbie strongly advises all parents to pay through the local Attorney General's office—such as the location on Hawkins Blvd—to ensure every cent is tracked and credited.

Consequences of Non-Payment: It Never Goes Away

Unlike standard consumer debt, child support is a legal obligation that cannot be discharged. If you fall behind, you face severe consequences, including:

• Jail Time: Since it isn't considered "debt" by the Texas legislature, you can be incarcerated for non-payment.
• Life-Long Accrual: Support debt never expires. It continues to accrue interest and can even be collected from your estate after death.

When Life Changes: The Need for Modification

If you lose your job, Abbie’s advice is clear: file for a modification immediately. You cannot retroactively reduce your debt; the obligation only changes once a new court order is signed. Generally, you can request a modification every three years, though a "material and substantial change" in income or circumstances can allow for a review much sooner.

Beyond the Check: Medical Support and 50/50 Custody

Child support often includes an "umbrella" of medical support, covering expenses like health insurance and even braces. Even in 50/50 custody arrangements, a parent making significantly more may still be ordered to pay "offset" support to ensure the child enjoys a consistent standard of living in both homes.

Protect Your Family’s Future

Whether you need an uncontested divorce or a fierce child custody attorney, understanding the "whole picture"—including conservatorship and visitation—is essential before you file.
Laine Law Firm, PLLC
Phone: 915-200-4316
Website: lainelawfirm.com
Location: 700 North Stanton St., El Paso, TX 79902

Transcript

SPEAKER_00 0:00

Hi Abby, how's it going?

SPEAKER_01 0:02

Good evening.

SPEAKER_00 0:03

Good, good. All right. Well, thank you for talking to us about all the intricacies of being a family lawyer. Just want to get a little bit deeper into the child support, how it affects couples, families, parents here in El Paso, Texas. Okay? To start off, what determines how child support is paid, who is paying it?

SPEAKER_01 0:26

What determines who pays it is who the court names as the custodial parent or the primary parent. Whoever is not the primary parent is going to pay child support. And then the amount will be determined by their income times the statutory percentage, which is like 20% for one child, 25% for two, 30% for three.

SPEAKER_00 0:48

And there's a cap here in Texas, like there can be only so much?

SPEAKER_01 0:52

Yes, the cap is 11,700 now per child. No, just total, like the cap on the um gross income that you that you um multiply it times 20% to get the child support.

SPEAKER_00 1:07

So we're we're a border city here in El Paso. We have a lot of undocumented workers. I'm sure they get divorces too, right? Did you ever deal with situations like that?

SPEAKER_01 1:16

Yeah, we have.

SPEAKER_00 1:18

So my question the reason why I ask is because if you're a a lot of these people work in the cash trade, how do you enforce that? Is that a lot harder?

SPEAKER_01 1:28

That's yeah, that's harder. You then you're looking at things like um tax returns or bank statements and just looking at whatever's coming in and out of their bank accounts to try to prove their income. And then if they're if they're using exclusively cash, then that's a little more complicated.

SPEAKER_00 1:45

Uh what's the mechanism in general for child support payments being paid here in Texas? Is it like I don't have to write like if I'm the child supporter, do I have to write a check and send it to my ex, or is it like taken out of my wages? How does that work?

SPEAKER_01 1:59

Um yeah, so that's a really good question because um it should be paid through the child support office only.

unknown 2:06

Okay.

SPEAKER_01 2:06

Because a lot of the problems we see happening is you pay the other party directly, like you just give them cash or send them cash app, and you think, okay, well, it's getting tracked through Cash App, so she's not gonna be able to deny it, right? But a lot of times they do deny that you gave them anything, and then you're getting an enforcement because the attorney general doesn't have an accounting that you actually paid it. So it's really important that you make your payments through the attorney general so that you don't get in trouble or something you shouldn't be getting in trouble for.

SPEAKER_00 2:35

Okay, that makes sense. So go to the child support office here in El Paso. Do you know where it's located?

SPEAKER_01 2:41

Uh there's several locations. There's one on Hawkins, and then you can just call the the attorney general's office for the child support division and find your local office to pay your child support.

SPEAKER_00 2:52

Now, what happens if somebody falls behind payments or they just stop making payments? I'm sure that happens a lot, right?

SPEAKER_01 2:57

Yeah, if they so if somebody stops making payments and you're the person that stops making payments because you had you're on hard times or whatever, um you should probably the best thing to do is contact the attorney general's office and let them know what's happening and try to show some sort of effort towards paying. And then if you're on the other side and you're not receiving your child support, you should also do the same thing and contact an attorney and we can enforce your child support uh rights.

SPEAKER_00 3:24

And if they don't, is there like jail time or like can you go to jail for not paying your child support?

SPEAKER_01 3:29

We can go to jail for not paying child support because it's not considered a debt by the Texas legislature, so you can go to jail for not paying it.

SPEAKER_00 3:39

Okay, so I lost my job, now I can't pay child support. What happens in that situation?

SPEAKER_01 3:46

Then that person should definitely go and get a modification as soon as possible to change their child support to reflect their lower income. Because until you do that, you're gonna keep accruing the same obligation that you were and you can't go back and reduce it.

SPEAKER_00 4:02

Okay, and so modification, how often can you request a modification? Is there like a limit? No once a year, once every year.

SPEAKER_01 4:10

Well, you should really according to the law, you should wait three years, but um, you can if you qualify, um you need to talk to your attorney and see if you qualify, but you could get it done within a year if you qualify.

SPEAKER_00 4:24

Got it. Okay. Now what if the parent lives out of state? Are you able to enforce it that way? Like do states communicate with each other? It's like Texas communicate with California?

SPEAKER_01 4:34

Yeah, for child support, yes.

SPEAKER_00 4:36

Okay.

SPEAKER_01 4:36

So like if a parent lives out of Texas but they know that the parent that's supposed to be paying lives in Texas, you could hire a Texas attorney and get the child support enforced.

SPEAKER_00 4:46

What if it's vice versa, the paying parents out of a different state?

SPEAKER_01 4:49

Or vice versa, yes.

SPEAKER_00 4:50

Okay. Now, um what if the person that's supposed to be paying child support just doesn't work? They just refuse to work, they just figured, you know.

SPEAKER_01 5:02

Yeah, that happens a lot. And so then you would ask the court to find that that person is unten intentionally underemployed, and then they would get um presumed to have an income of at least minimum wage. If you if you can show that they have a history of making more than minimum wage, you could argue that they should be presumed to have that income.

SPEAKER_00 5:23

Okay, so does that accrue over time? Like let's say they're not making those payments, it adds up, right? Even after the child turns 18. That there's back pay that's gonna be owed, or yeah.

SPEAKER_01 5:35

So that's the thing about child support, it never goes away. So never goes away. Even after you die, they can take your estate for the child support.

SPEAKER_00 5:43

That's crazy. Now, does child support include medical bills, braces? You know, kids go through a lot of groin changes, right? Braces, uh I don't know, kids need a lot of is that all included in there, or is that something that you additionally have to ask for?

SPEAKER_01 5:57

Um, that would be under the umbrella of medical support, which you should also request if you have an attorney helping you with your child support.

SPEAKER_00 6:05

And you you go through all those details with your clients, right?

SPEAKER_01 6:08

Yes, definitely.

SPEAKER_00 6:09

Okay. Now, if the parents are uh sharing 50-50 custody, is child support still awarded to one of the parents?

SPEAKER_01 6:18

Uh it can be. Sometimes you can do an arrangement where you have 50-50 and there's no child support owed by either party, or sometimes if one parent makes significantly more than the other parent, that parent may still have to pay some sort of child support, even if they are having the child 50% of the time.

unknown 6:37

Okay.

SPEAKER_00 6:38

All right, so I just got a few more questions and we'll wrap this up. Um, what are the what should a parent do before they file for child support? I mean, obviously come to you for some guidance, right? And then what would you tell them to do?

SPEAKER_01 6:50

Is it just Yeah, I think that they they need to understand the whole picture because it's not just the child support. It's like a lot of times you might think that the child's when you go to the child support office, for example, they're just going to talk about child support, but they're actually going to determine everything, and a lot of people are caught off guard by that. So it's important that you do talk to an attorney so they can talk to you about all the child issues like conservatorship, visitation, child support, medical support, retro support.

SPEAKER_00 7:17

Awesome. All right. Well, um, if you can just kind of give us your information and somebody wants to contact you for for this issue, or any other family lawyer, any family law legal problems or legal circumstances, how can they reach out to you?

SPEAKER_01 7:31

Uh, you can contact us by going to our website at lanelawfirm.com, or you can call 915-200-4316, and we can set you up with a consultation. And that's for Lane Law Firm, and we're located 700 North Stanton Street, El Paso, Texas.

SPEAKER_00 7:46

All right, well, Abby, thank you so much.

SPEAKER_01 7:48

Thank you.