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Austin Child Support Attorney

A divorce is a stressful event for the entire family, especially for children. Most parents want only the best for their children; however, resentment between spouses during a divorce can lead to disagreements about child custody, visitation, and support.

Child support isn’t optional. Once the court establishes how much a parent must pay, that parent is legally obligated to do so. But all too often, parents fall behind on their child support obligations or intentionally stop paying it. That leaves the custodial parent in the uncomfortable situation of having to pursue their ex-spouse for the money owed. And that’s not a task anyone should have to handle on their own.

The family law and child custody attorneys at the Evans & Herlihy Law Firm can help you in the process of seeking child support or resolving child support disputes. We have represented many clients to make sure that they are treated fairly and that their children get the support that they deserve. If you need help with your child support case, call us at 1-855-414-1012.

Determining the Amount of Child Support

The court considers certain guidelines when determining the appropriate amount of child support. Factors that affect child support include the net monthly income of both parents, each parent’s individual financial obligations, and the number of children in need of support. The court will often set higher support payments if children have special needs, particularly specific medical needs.

A parent whose monthly net resources are less than $8,550.00 can expect to pay the following percentage of their resources in child support:

  • 20 percent for one child.
  • 25 percent for two children.
  • 30 percent for three children.

These percentages will be adjusted downward if the obligor pays child support to another child or children from a previous relationship. The court also has discretion to order support that exceeds those percentages, based on the proven needs of the children.

Modifying Child Support

Under certain circumstances, it may be possible to modify a child support order. But the court will not consider modifying a support order unless a “substantial” change has occurred. Among other things, that could mean:

  • The non-custodial parent’s income has changed.
  • A child’s medical needs or health insurance coverage or costs changes.
  • A child’s living arrangements have changed.
Family law changes frequently in Texas, so if it has been more than three years since the origin of the support order or since its last modification, a parent may petition for modification if, under current law, the monthly support amount would change by 20 percent or $100.00.

Locating a Parent

If the location of the parent who owes child support is unknown, the Office of the Attorney General will help locate that parent to seek and collect payment. The more information the custodial parent can provide, the more helpful it will be to locate the missing parent.

Establishing Parenthood

One of the most important factors in obtaining child support can be establishing the parenthood status of the father. This issue often arises with unmarried couples – the mother seeks child support from the father, but the father denies that the child is his. With legal help, the mother can petition the court to order a paternity test.

Failure to Pay Child Support

If the noncustodial parent fails to pay child support, the state will use different methods to obtain payment. This includes:

  • Requiring employers to deduct child support payments from the parent’s check.
  • Taking payments from federal tax income refund checks.
  • Filing liens against the parent’s property.
  • Filing lawsuits against the parent.
  • Suspending licenses held by the parent.

If the non-custodial parent is experiencing economic hardship, there are legal remedies – such as petitioning the court to modify the support order. So there’s never any justification for simply ceasing payments altogether. And a non-paying parent can be held in contempt of court and be subject to fines and even being jailed for up to six months.

Help for Parents

Austin Family Lawyer

If you are in need of help for a child support issue, talk to the attorneys at the Evans & Herlihy Law Firm. Our experienced family law team works quickly to resolve issues, because our goal is to minimize stress for families and to ensure that children get the financial support they deserve. We understand the sensitive nature of family law cases, so you can count on us to handle your matter with respect and discretion.

Contact us today – fill out our online form, or call us at 1-855-414-1012, to request a private consultation.

Client Testimonial

”BRILLIANT ATTORNEY WHO DELIVERS. Scott was extremely responsive to my needs and exceeded my expectations in both his work and the outcome. He provides concise and applicable knowledge that is specific to the expertise of Texas Family Law. He provided creative and thoughtful solutions to a very complicated and sensitive situation. He was very good at communicating with me to make sure I was apprised of not only the process, but also the status. He was most professional, articulate and eloquent explaining the legal system to me and how it pertained to my case. This case was in regard to getting my sons father to pay the correct amount of child support, as well as to have it paid on time. Also, to have my son’s father agree to the neurological testing that was necessary to have my son’s disabilities assessed so he could begin getting the help he so desperately needed. Not only did I receive all of the above but my son’s school tuition will be paid 100% by his father. I would highly recommend Mr. Scott Herlihy for any family law matters.” – Kathy Miller (Google Review)

Attorney Scott Herlihy

Attorney Scott HerlihyScott handles a wide range of family law matters, both contested and uncontested, including divorces involving both large and complex estates as well as more modest asset and property divisions, modifications of Texas and out-of-state orders, custody disputes, establishment and enforcement of child support, prenuptial and postnuptial agreements, paternity cases, and grandparents’ rights matters. [ Attorney Bio ]