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Setting child support in Texas

So many questions arise regarding child support. Many people think for example that child support should be based on the amount of time the children are in your possession as opposed to the other parent. While others think it is simple math. The truth is (if properly argued) somewhere in the middle.

The Texas family code sets guidelines that guide the court when it is determining child support. If you provide other needs for the child for example you could pay less. However, courts will always take the path of least resistance, so if you go in unrepresented then you will pay child support based on the guidelines calculator. In other words, you will get no credit for the other benefits you provide for the child.

Others believe that by losing your job you no longer have to pay child support at the rate previously ordered. DO NOT believe this. The loss of a job alone does not change the amount you are ordered to pay. You must petition the court to change that order. Furthermore, the loss of a job alone may not reduce your child support to the lowest possible amount. A rarely used tool in the practice of family law deals with income based on other assets.

For example, say the party responsible for child support loses their six-figure a year job. Most people would think that their child support would simply be set at the lowest amount until a new job can be found. In some case this might be true. In many cases however if that same person is sitting on "other asserts" IE. boats, 4-wheelers, utv's, and other "toys" or paying extravagantly for hunting trips or vacations, the court can set their child support higher than the minimum even though they are not working.

Remember that child support can be simple math if that's all you want it to be. But the family code allows other facts to become relevant if they are properly argued. No one has the incentive to protect you and insure the proper amount of child support unless you hire your own attorney.

#childsupport #Texasfamilycode

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