Determining child support has the potential to be a long and frustrating process for parents. In cases where the parties cannot come to a child support agreement after separation, the court may have to mandate a suitable agreement.
For a Plainview child support determination, it is important to have someone on your side, who could fight for your rights and make agreeable arrangements. Contact a skilled child support attorney as soon as possible to discuss your case and get an outcome that may suit your needs.
Who Determines Child Support?
The parties involved may be able to come to a child support agreement, but the court always has to approve the agreement. It is important for the agreement to follow the guidelines set forth in the Texas family code so that it could be approved promptly.
In the event that the parties cannot come to an agreement, the court may set an amount in accordance with the guidelines, which the judge may be the deciding factor on.
Courts may start by looking at the net income, subtract the deductions, and then may apply the statutory guidelines to come out with a calculation of how much support could be ordered. If a deviation is warranted that number could be adjusted.
Factors that Go Into Child Support Determination
The obligor, also known as the non-custodial parent, may be subject to analysis based on their net income. Earning capacity could be determined by learning what the individual makes or is capable of making. It is based on net income.
If they are underemployed or unemployed, the court may determine what they are capable of making by looking at their relevant education and average salaries based on their job title. Several other factors may play a role in calculating child support such as:
- Medical conditions and expenses of the child/children
- Custody agreement
- Child care expenses
- Unusual costs or expenses that may arise
- Obligor’s responsibility to other children not included in the order
Educational and Professional Impact on Child Support
A person’s education and profession may become relevant when an individual is intentionally underemployed. If someone is intentionally underemployed, then the court could base child support on what they are capable of making.
Their level of education and profession may be examined to try to calculate what they could make if they were seeking gainful employment.
Provisions for Fair Treatment of Parents
To ensure a fair measure of the parent’s financial situation, the judge may take into account other children the obligor is required to support. The court could also look into the other factors to see if a deviation from the guidelines could be ordered, specifically if there are reasons to lower or increase the amount of child support.
A talented family lawyer could help explain the obligor’s current financial situation properly to judge and potentially aid in getting child support adjusted to better suit them.
Benefit of a Plainview Child Support Attorney
Due to the many nuances in child support law, it is to speak with an attorney who could look at the specific situation and find out what a person may be entitled to based on the facts of the case. Family law attorneys may be familiar with the child support guidelines set out in the Texas family code and may be able to use those guidelines to calculate the amount the obligor could be required to pay.
An attorney may know when a deviation from the amount in the guidelines is warranted and could fight to ensure that the Plainview child support determination is properly assessed.