Deviations from Child Support Guidelines

In certain situations, the court may decide to deviate from the child support guidelines set forth by the state. These deviations are typically made in the best interest of the child and are based on specific circumstances. Some common reasons for deviations from child support guidelines include:

• High Net Worth: In cases where the parent who is responsible for paying child support has a high net worth, the court may deviate from the standard guidelines to ensure that the child’s needs are fully met.

• Special Needs of the Child: If the child has special needs that require additional financial resources, the court may deviate from the standard guidelines to ensure that those needs are met.

• Extended Parenting Time: If the parent who is responsible for paying child support has extended parenting time, the court may deviate from the standard guidelines to reflect the additional expenses incurred during that time.

• Agreements between the Parents: If the parents agree to a different amount of child support, the court may deviate from the standard guidelines if the agreed-upon amount is in the best interest of the child.

It is important to note that the court must make specific written findings of fact in support of any deviation from the child support guidelines. This means that the court must provide a detailed explanation of why the deviation is necessary and how it is in the best interest of the child.

If you are seeking a deviation from the child support guidelines or if the other parent is seeking a deviation in Collin, Denton, or surrounding counties, it is important to have a skilled family law attorney | child support lawyer on your side. An experienced Family Law Attorney | Child Support Lawyer like the ones at Ridgely Davis Law in Frisco, Texas can help you understand the legal requirements for deviations and can help you build a strong case for why a deviation is necessary in your specific circumstances.

Schedule a Free Case Evaluation with the Frisco, Texas child support Lawyers at Ridgely Davis are here to help.

Paternity and Child Support

Establishing paternity is crucial in child support cases, as it determines the legal father of the child and thus the obligation for child support. In Texas, there are different methods for establishing paternity, including:

• Voluntary Acknowledgment of Paternity: This is a legal document signed by both parents, usually at the hospital when the child is born. This document establishes the father’s paternity, and once it’s filed with the Office of the Attorney General, it has the same legal effect as a court order.
• Court Order: If the parents can’t agree on paternity, either parent can file a lawsuit to establish paternity. The court will then order DNA testing, and if it’s determined that the man is the biological father, the court will issue a paternity order.

Once paternity is established, the court can order child support payments to ensure the child’s needs are met. If the father denies paternity, the court can order DNA testing to determine paternity. It’s important to note that in Texas, if you are the presumed father (from a divorce suit) or acknowledged father of the child, the statute of limitations for filing a paternity case is four years from the child’s birth, except in cases where fraud, duress, or material mistake of fact occurred.

If a parent is ordered to pay child support but fails to do so, the other parent can seek enforcement through the Office of the Attorney General, which has several tools to collect unpaid child support, including wage garnishment, liens, and seizure of property.

At the Ridgely Law Firm, our Frisco Child Support Lawyers, understand the complexity of child support cases involving paternity issues. Our experienced child support | family law attorneys can guide you through the legal process and help you protect your child’s rights and welfare. Contact us today for a consultation.

Modifying Child Support Orders

After a child support order has been established, circumstances may change that affect the amount of child support that should be paid. In Texas, either parent may request a modification of a child support order if there has been a material and substantial change in circumstances since the order was entered. A material and substantial change in circumstances may include a change in the parent’s income, a change in the child’s needs, a change in the possession and access schedule, or a change in medical or educational expenses.

To request a modification of a child support order, the requesting parent must file a petition to modify child support with the court that entered the original child support order. These types of modification requests are often times combined with a request to Modify Child Custody as well.  Once filed though, things get complicated very quickly and it can take a while to finally get before the court to determine whether a modification is appropriate. Our Child Support Lawyers at Ridgely Davis Law in Frisco, TX serving Collin and Denton Counties can help you through this process.

It’s important to note that a parent cannot simply stop paying child support because they believe a modification is needed. The court must approve any modification of a child support order, and until that time, the parent must continue to pay the amount specified in the original order. Failure to do so may result in serious legal consequences which include jail time.

If you are seeking a modification of a child support order, it’s important to consult with an experienced Collin | Denton County Child Support Lawyer who can help you navigate the process and ensure that your rights are protected. Our experienced Child Support Lawyers at Ridgely Davis can also help you gather the necessary documentation to support your request for a modification.

If you believe that a material and substantial change in circumstances has occurred since your child support order was entered, you may be able to request a modification of the order. However, it’s important to continue paying the amount specified in the original order until a modification has been approved by the court.

Are you needing assistance with a Child Support suit in Collin, Denton or surrounding counties?  The Frisco, Texas Child Custody | Child Support Lawyers at Ridgely Davis are here to help.

Enforcing Child Support Orders

Child support orders are legal obligations that must be fulfilled. If a parent fails to pay child support, it can cause significant financial strain for the other parent and child. Texas has several enforcement mechanisms in place to ensure that child support orders are paid.

A. Contempt Proceedings

If a parent fails to pay child support, the other parent can seek enforcement through a contempt proceeding. The purpose of a contempt proceeding is to enforce a court order, such as a child support order, by imposing penalties for non-compliance. In Texas, a judge can order a parent who is found to be in contempt of court to pay a fine, serve time in jail, or both.

B. Wage Withholding

In Texas, wage withholding is a common method used to enforce child support orders. This involves the automatic deduction of child support payments from the non-custodial parent’s paycheck. The employer is required by law to withhold the appropriate amount and send it directly to the state child support office for disbursement to the custodial parent.

C. Driver’s License Suspension

In addition to imposing fines and jail time, a judge can also order the suspension of a non-custodial parent’s driver’s license for failure to pay child support. This can be a significant penalty that motivates the parent to make the required payments.

D. Seizure of Property

A judge can also order the seizure of property owned by the non-custodial parent to satisfy child support arrears. This can include bank accounts, vehicles, and other valuable assets.

It’s important to note that while enforcement mechanisms are available, they should only be used as a last resort. If possible, it’s best to resolve child support issues through negotiation or mediation. The goal should always be to ensure that the child’s needs are met and that both parents fulfill their legal obligations.

Are you facing or needing to pursue a Child Support Enforcement Suit, contact the trusted Child Support Lawyers at Ridgely Davis Law in Frisco, TX to pursue or defend against these contempt and enforcement proceedings in Collin, Denton, Dallas and surrounding counties.  Schedule a Free Case Evaluation.

Get Trusted Child Support Lawyers in Frisco, TX, on your side

Child support is a vital element in ensuring the well-being of a child whose parents have separated or divorced. It is the legal responsibility of both parents to provide financial support to their child. In Texas, child support is determined by a formula that takes into account the income of both parents, the number of children they have, and other factors.

It’s essential to understand that child support orders can be modified if there is a significant change in circumstances that affects a parent’s ability to pay. Additionally, it’s important to note that enforcement of child support orders is taken seriously in Texas, and parents who fail to pay may face legal consequences, including wage garnishment, suspension of driver’s licenses, and even jail time.

If you have questions or concerns about child support, it’s crucial to seek the guidance of an experienced family law attorney. At The Ridgely Law Firm, in Frisco, Texas, we have a team of skilled child support lawyers who can help you navigate the complexities of child support in Collin, Denton, and surrounding Texas counties. We understand that this can be a challenging and emotional time, but we’re here to help you protect your child’s best interests and achieve a fair and just outcome.