A divorce is never as clean-cut as one or both parties would like it to be. Not only are the two parties dealing with a split between a relationship that was at one time functional, but there could be issues like property division and child custody involved.
One of the most common provisions of a divorce is that of child support. Although the concept at surface level seems simple enough to understand, in reality, much like a divorce, it can be a complex issue that needs to be approached with understanding.
Marx, Altman & Johnson is a firm of family law attorneys, so we are here to clear the air on some of the most common questions asked about child support and the processes involved.
What If I Don’t Have Much Information on the Other Parent’s Income?
It may seem like a long-shot of a question, but in the length of time leading up to a divorce secrets may be kept, and one of them could very well be how much money one half of the divorce party makes. Texas child support is determined by the average net monthly resources of the payer, minus aspects like return of capital on a note not included in net resources, and net resources of a potentially new spouse among other things.
Knowing what your payer of child support makes is important and when asked, Texas courts have the power to order the other parent to bring proof of his or her income to court. This proof can be shown in the form of a tax return, a W-2, or pay stubs.
Am I Being Ordered a Fair Payment Amount?
In Texas, the amount of child support paid is ordered out as fairly as possible. A vast majority of the time, the child support is a statutory amount that is a statutory percent of the payor’s income. However, the Court will consider that there are many factors that are taken into account when determining what “fair” means in a divorce case. Some of these factors include where the child lives most of the time, the income of both parents (not just the payer), and the age and number of children involved in your case.
There are several other areas that come into play during a Texas child support process, but the determination of how much is to be paid relies on the details of your divorce case.
We Plan on Sharing Custody. What Happens Then?
If joint custody of your children is an option for you and the other party in the divorce, there are a few details of the agreement that need to be taken into account. If the child spends the same amount of time with each parent and the parent incomes fall around the same level, then there is the probability that there will be no payment or receiving of child support for either party.
What Happens If I Don’t Pay My Child Support?
If you fail to pay your monthly child support, you are still entitled to visit the child according to the court order.
Keep in mind that the other parent can file a Motion for Contempt for Child Support Order at any time after non-payment.
As per the court order, you must continue to pay the child support that you owe. Should you be found in contempt, you could be ordered to pay a fine, have your wages garnished, and even spend time in jail.
Get Your Texas Child Support Questions Answered by Marx, Altman & Johnson
Child support is an important issue that parents face when dealing with a divorce. If you have questions about Texas child support law or need a family law attorney, contact Marx, Altman & Johnson is prepared to help you understand your rights as a parent. Contact us today to schedule a meeting about your divorce or child custody concerns.