Family or Divorce Assistance

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Are you & your spouse in agreement over the terms of your divorce?

Select one We are not in agreement We agree on most issues We agree on everything

How soon do you wish to file for divorce?

Select one Immediately 1 to 3 months 3 to 6 months 6 to 9 months Attempting to reconcile

How will you finance your divorce case?

Select one Borrowing Personal savings Family support Current income I cannot afford legal fees I will discuss payment Options with My Lawyer

Your current income

Select one $0.00 - $10,000.00 $10,000.00 - $20,000.00 $20,000.00 - $30,000.00 $30,000.00 - $40,000.00 $40,000.00 - $50,000.00 $50,000.00 - $60,000.00 $60,000.00 - $70,000.00 $70,000.00 - $80,000.00 $80,000.00 - $90,000.00 $90,000.00 - $100,000.00 $100,000.00 - $110,000.00 $110,000.00 - $120,000.00 $120,000.00 - $130,000.00 $130,000.00 - $140,000.00 $140,000.00 - $150,000.00 $150,000.00 - $160,000.00 $160,000.00 - $170,000.00 $170,000.00 - $180,000.00 $180,000.00 - $190,000.00 $190,000.00 - $200,000.00 $200,000.00 - $210,000.00 $210,000.00 - $220,000.00 $220,000.00 - $230,000.00 $230,000.00 - $240,000.00 $240,000.00 - $250,000.00 More than $250,000

Spouse's current income

Select one $0.00 - $10,000.00 $10,000.00 - $20,000.00 $20,000.00 - $30,000.00 $30,000.00 - $40,000.00 $40,000.00 - $50,000.00 $50,000.00 - $60,000.00 $60,000.00 - $70,000.00 $70,000.00 - $80,000.00 $80,000.00 - $90,000.00 $90,000.00 - $100,000.00 $100,000.00 - $110,000.00 $110,000.00 - $120,000.00 $120,000.00 - $130,000.00 $130,000.00 - $140,000.00 $140,000.00 - $150,000.00 $150,000.00 - $160,000.00 $160,000.00 - $170,000.00 $170,000.00 - $180,000.00 $180,000.00 - $190,000.00 $190,000.00 - $200,000.00 $200,000.00 - $210,000.00 $210,000.00 - $220,000.00 $220,000.00 - $230,000.00 $230,000.00 - $240,000.00 $240,000.00 - $250,000.00 More than $250,000

Do you currently live
with your spouse?

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Has a divorce case
been filed in court?

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Do you have an attorney?

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What property do you and/or your spouse own?

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with your spouse:

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Dallas Child and Medical Support Orders | DallasCounty Child and Medical Support Family Law Lawyer

Raising a child requires a great deal of emotional support and encouragement. It also requires a great deal of financial support, and care for medical needs. In Texas, a family court can order either or both parents to pay for a child's financial and medical support until:

1. The child is 18 years of age or until graduation from high school which ever occurs later (the child must meet enrollment and attendance requirements);
2. The child is emancipated through marriage, through removal of the disabilities of minority by court order, or by other operation of law;
3. The child dies;  or
4. For an indefinite period if the child is disabled.

The court can also order payment of temporary child support while a divorce is going on until it is finalized, or of retroactive child support to reimburse money spent for the care of the child in the past. Once the court makes those orders, it can enforce them by contempt if necessary (meaning a violation can result in a fine and jail time). Finally, there are many Texas Family Code provisions that enable collection of child support including orders to reduce from salary,  acceleration of unpaid support, entering an order binding an employer (garnishment) and many other methods.

Calculating Child Support

When determining the amount of child support to be paid, Texas family courts 1) look at the net monthly resources of a parent;  2) apply child support guidelines to determine the amount that is presumed to be in the best interests of the child; and 3) consider any other factors that might justify payment of an amount different from the guidelines.

To determine net monthly resources courts combine:

1. One hundred percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);
2. Interest, dividends, and royalty income;
3. Self-employment income;
4. Net rental income (rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation);  and
5. All other income actually being received, including severance pay, retirement pay, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, disability and workers' compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, child support, and alimony.

However, courts will NOT include:

1. Return of principal or capital on a note not included in net resources;
2. Accounts receivable;
3. Benefits paid through Temporary Assistance for Needy Families (TANF);
4. Payments for foster care; or
5. Net resources of a new spouse.  

Certain items are subtracted from the calculation of net monthly resources:

1. Federal income taxes paid for a single person claiming one personal deduction and the standard deduction;
2. State income taxes;
3. Social security taxes;
4. Union dues; and
5. Child's health insurance or cash medical support.

Once the net resources are calculated on an annual basis, they should be divided by twelve to determine the average monthly net resources. To determine the amount of monthly child support, the court must apply the child support guidelines to the net monthly resources (unless the child lives in more than one household in which case the calculations are different). Currently, the maximum child support payment amount is based on a cap of $7,500 of net monthly resources. The maximum net monthly resource amount will be adjusted every six years according to inflation beginning in 2007. If the net monthly resources are $7,500 or less, the amount of child support is calculated as a percentage of the net monthly resources:

• 1 Child      - 20% of net resources
• 2 Children - 25% of net resources
• 3 Children - 30% of net resources
• 4 Children - 35% of net resources
• 5 Children - 40% of net resources
• 6 Children - Not less than 40% of net resources

If the net monthly resources are more than $7,500 the amount of child support may be adjusted upward if the child's proven needs exceed the presumptive guidelines amount. The difference between the guideline amount and the child's proven needs may be ordered by the court to be paid by one or both parents depending on their circumstances. The court cannot order more than the presumptive amount of child support or one hundred percent of the child's proven needs, whichever is greater. If the child receives social security or disability benefits from the the paying spouse's old age social security or disability benefits, those amounts are subtracted from the total amount of child support required under the guidelines.

The court may adjust child support up or down from the presumptive amount under the guidelines depending on:

1. The age and needs of the child;
2. Educational expenses beyond secondary school;
3. Provisions for health insurance and payment of uninsured medical expenses;
4. Extraordinary educational, health-care, or other expenses of the parties or the child;
5. Any resources available for the child's support;
6. Whether either party has managing conservatorship or possession of another child;
7. Each party's period of possession or access to the child;
8. Child care expenses that allow either party to maintain gainful employment;
9. Each parent's respective ability to contribute to the child's support;
10. The paying spouse's earning capacity if intentionally unemployed or underemployed and any deemed income;
11. Spousal maintenance paid or received;
12. Benefits such as a car, house, or other benefits paid by an employer, another person or a business;
13. Paycheck deductions other than those already factored into calculating net monthly resources;
14. Cash flow from any real or personal property including businesses or investments;
15. Debts assumed by either party; or
16. Any other reason consistent with child's best interest, taking into consideration the parents' circumstances.

Factors that cannot be considered:

1. A history of voluntary payment above the guidelines amount;
2. The sex of the paying spouse, the recipient spouse, or the child; or
3. The marital status of the child's parents.

Medical Support - An Additional Support Obligation

Texas child support law requires the parent who is paying child support to provide medical coverage for the child. If that parent has health insurance at a reasonable cost through his or her employer, the parent must include the child on the policy. If coverage is not available through the employer, then the parent receiving the child support would provide coverage if available through his or her employer. The parent paying child support would still be responsible for the cost. If neither parent has health insurance through an employer, then the court would order the child support paying parent to pay an amount (cash support) in addition to child support to cover the child's medical care.

How do I modify my child support payments?

When a parent receiving child support in Texas believes the other parent is not paying enough according to his or her job and income, or the paying parent loses a job or takes a job making less, the child support laws in Texas allow m odification of support based on a change of circumstances.  In Texas, the Attorney General will review the paying spouse's income and the support amount will be adjusted if at least three years time has passed since the child support was ordered and the difference in monthly support would be at least twenty percent or $100.

Whatever your situation, you should contact a Dallas divorce lawyer or a Dallas family lawyer to help you understand the policies and procedures behind the child support system.

Raising a child is very expensive. Please use the Child Cost Calculator to estimate the cost.  If you are moving into the Dallas area after divorce, you may need to find, depending upon the ages of your children, either child care centers or public or private schools. A helpful link to locate grade schools is the National Center for Educational Statistics. 

DotCO has provided a quick list of both below:

Your Dallas family lawyer will help to make sure you avoid any costly errors or penalties related to child support that could remain on your records for years.  Contact a Dallas family lawyer today for a free consultation regarding your child support issues.

Serving clients throughout Central Texas, including Addison, Allen, Arlington, Audelia, Balch Springs, Bedford, Cedar Hill, Carrollton, Cockrell Hill, Coppell, Dallas, Dalrock, De Soto, Duncanville, Farmers Branch, Ft. Worth, Forney, Garland, Glenn Heights, Grapevine, Grand Prairie, Highland Park, Hutchins, Irving, Lancaster, Lewisville, Mansfield, Mesquite, Midlothian, Murphy, Plano, Richardson, Rockwall, Rowlett, Sachse, Seagoville, Sunnyvale, Trinity Mills, University Park, Wilmer, Wylie, areas in the vicinity of Dallas-Ft. Worth International Airport, and other communities in Collin County, Dallas County, Denton County, Kaufman County, and Rockwall County.