Whether you’re the parent paying or receiving child support in Texas, you need to know about recent changes to the Texas child support laws. Effective Sept. 1, the guidelines for calculating the maximum amount of child support changed, raising the cap for the monthly maximum.
Previously, the maximum monthly resources from which child support payments were calculated was $7,500. The new guideline establishes that the maximum monthly net resources is $8,550. This means one child is entitled to 20 percent of $8,550, which amounts to $1,710. This is an increase of $210 per month.
This adjustment is part of the Texas state code, which allows for an increase in the cap every six years to compensate for inflation.
Your Child Support Amount May Increase – But Only By Request
For parents receiving child support payments from an ex-spouse, it is important to talk to a family law attorney as soon as possible to ensure you are receiving your full support amount. This adjustment is not automatic. A court order is required to modify your child support agreement before you are entitled to collect the additional payment.
For parents paying child support, this may cause an unacceptable financial burden if your ex-spouse files for the increase. Once you have received notice that your child support agreement is being modified, talk to your attorney to discuss your options.
Contesting a Child Support Modification
If your ex-spouse files for increased child support and you are unable to meet that additional financial burden, you will need to address the matter with the court. Financial hardship is considered in the process of negotiating and setting child support amounts. You may be able to adjust your monthly requirement with the right evidence and support from your attorney.
If you are the recipient of child support payments and your ex-spouse refuses to acknowledge your request for modification based on the new guidelines, you also will need legal assistance to resolve the matter. If the parties cannot amicably handle a child support modification, it may require a court appearance before a judge for a final decision.
Protecting Your Rights in Child Support Cases
As a custodial parent, you have the right to seek the maximum amount of child support to meet your child’s needs. Before entering into a child support agreement, you should discuss your child’s needs with your attorney regarding school, health and happiness.
As a non-custodial parent, you have the duty to support your child — and the right to avoid any unfair financial burden. If at any time your life situation changes (such as loss of income, sudden illness or other financial issues) talk to a family law attorney about hardship adjustments to your child support payments.
The Law Office of Julie Johnson Can Ensure a Fair Child Support Agreement
Collecting child support? We can help file a request to modify your existing child support agreement to increase based on the new guidelines. Paying child support? We can help you contest a modification if it places an unreasonable burden on your finances.
Contact The Law Office of Julie Johnson today to schedule a consultation: (214) 290-8001.