Court ordered child support

[cwoolco]

We need some minor help (advice) until we are able to afford an attorney. We live in Dallas County and want to file a motion to modify court ordered child support. He doesn't make the $ he use to and can no longer afford 1/2 of every paycheck garnished. We called the Dallas Courts and they were not very helpful. They advised to go to the law library and do research. The clerk told us that the cost to file a motion is $15 for the motion $8 for the citation and $50 to send certified mail since she does not live in Dallas county.  He is paying for 2 kids and also when we do go see the judge to modify, what is a reasonable amount he can pay. She is currently on government assistant as well. I was thinking $150 a month.  

[patton]

CHILD SUPPORT
The Texas Family Code contains guidelines for the computation of child support. The guidelines are specifically designed to apply to situations in which the obligor's monthly net resources are $6,000.00 or less. In such cases, the court presumptively applies the following schedule:
1 child           20% of Obligor's Net Resources
2 children      25% of Obligor's Net Resources
3 children      30% of Obligor's Net Resources
4 children      35% of Obligor's Net Resources
5 children      40% of Obligor's Net Resources
6 or more children      - Not less than 40%

Hope this helps
 
 
 
 

[patton]

If the Obligor has children from another relationship(s), the percentages listed above may be reduced.

If the obligor's net resources exceed $6,000.00 per month, the Court shall presumptively apply the above percentages to the first $6,000.00 of net resources. Without further reference to the percentage, the court may order additional amounts of child support. The court may not order the obligor to pay more child support than the presumptive amount (as calculated by multiplying the above applicable percentage times $6,000.00) or an amount equal to 100% of the proven needs of the child, whichever is greater.

Net resources is defined very broadly, and income can also be imputed to a party.

In addition to monthly child support payments, the payor is required to maintain the children on the payor's employment health insurance policy. If insurance is not available through the payor's employment, but is available through the payee's employment, the payor will be ordered to pay the premium costs. If insurance is not available through either parties' employment, the payor will be ordered to provide insurance coverage to the extent available and affordable. Additionally, the Court usually makes orders regarding the payment of deductibles and other uninsured expenses. All Orders dealing with child support must now be accompanied by an Order of Withholding. Medical Support Orders are now commonplace.  The Withholding   order, after presented to the payor's employer, has the Court-ordered child support deducted directly from the payor's paychecks.

Absent marriage or other acts which would emancipate the child, child support orders continue until the child reaches age 18. If the child is in high school at age 18, support continues until high school graduation. If the child is disabled, it may be possible to continue child support for an indefinite period. Texas law makes no provision for support during college, or the payment of college expenses. However, this can be done by a contract between the parties if an agreement can be reached on this issue.