Cases & Cocktails

The Financial Side of Parenting - Child Support in Texas - Ep 10

The Eggleston Law Firm Season 1 Episode 10

On the 10th episode of "Cases & Cocktails," Bryan and Janice Eggleston explore the complexities of child support in Texas. They cover everything from calculating payments to modifying or enforcing them while enjoying a refreshing "Cuba Libre" made with rum, coke, and lime.

What is Child Support?

Child support is a financial obligation designed to ensure children have access to essential needs like food, shelter, and clothing. The episode provides clarity on how child support is calculated, enforced, and adjusted under Texas law.

How is Child Support Calculated in Texas?

Child support calculations are based on statutory guidelines:

  • Net Resources: Income from all sources minus statutory deductions (e.g., taxes, health insurance for the child).
  • Number of Children: Payments are typically 20% of net resources for one child, with an additional 5% per child up to a cap of 40%.

The hosts clarify that personal expenses cannot reduce child support obligations, as courts prioritize the child's needs over the parent's budget.

Enforcing Child Support Orders

For parents struggling to receive child support, enforcement options include:

  • Fines and interest on unpaid amounts.
  • Contempt findings, potentially leading to up to six months in jail.
  • Suspension of driver's licenses and passports.

Bryan and Janice emphasize the importance of seeking legal advice before taking action, as withholding visitation in retaliation for non-payment violates court orders.

Modifying Child Support

Child support arrangements may need adjustments due to changes in circumstances, such as:

  • A significant change in income for either parent.
  • Changes in custody arrangements.
  • The passage of three years since the last order, even without other changes.

The hosts stress the importance of formal modifications through the court, as informal agreements are not legally binding.

Avoiding Pitfalls

Common pitfalls include:

  • Misreporting income: Courts can impute income if they determine a parent is intentionally underemployed or hiding earnings.
  • Direct payments: Payments made outside the State Disbursement Unit (e.g., via Venmo) are not officially tracked and can lead to legal complications.

Key Takeaways

Child support is ultimately about ensuring the well-being of the children involved. Understanding the legal framework and maintaining transparency are crucial for a smooth resolution.

Tune In Next Week

Join us for the next episode of "Cases & Cocktails" for more insights into Texas family law. Don't forget to like, share, and subscribe to stay informed. Cheers to clarity and cooperation!