Getting a divorce is never easy, and it can be even more complicated when a child is involved. You and your partner will need to discuss many important things, such as division of property, custody, and finances, including child support. At Quiñonez Law Firm, we offer child support litigation that can help you and your partner peacefully determine the child support amount, pay schedule, and payment methods that’ll work best for you.
This is what you need to know about the child support laws in Texas and how they may affect the way child support is litigated between you and your former spouse.
In Texas, Everything is Determined by Physical Custody
When determining who pays child support after the divorce, the state of Texas bases it on the physical custody. Physical custody refers to who has the child longest. The parent with the least amount of physical custody will, in turn, pay child support to the parent who has the child the most amount of time. While vague, this definition is helpful solely because the amount of physical custody a parent has may differ from child to child. This allows a judge to determine who shall pay, how much, how often, and so on.
Pay is Determined Based on a Fee Schedule
In Texas, determining how much a parent pays is fairly simple because it’s based on a pre-set fee schedule. If the couple has one child, the parent who pays child support will pay 20 percent of their net resources. This calculated based on income minus the amounts paid in taxes, union fees, and so on. Other factors, such as if the parent owns a business, has assets or capital, or other things that may affect their net resources, may also play a part. Parents may offer to pay more than what is calculated based on the fee schedule. However, they may not pay less, even if both parents agree to this. In some cases, a court may have to decide on different amount depending on certain factors, such as one parent having a large amount in medical debt.
Child Support Litigation Can Help
Oftentimes, determining things with your partner during a divorce can be difficult. A child support litigator will be able to not only help you with the math of it all but by also taking out the emotion from the situation. At the Quiñonez Law Firm, we keep your child’s best interest in mind when helping you with child support litigation. For more information, give us a call today. We’re happy to help!