With very few exceptions, noncustodial parents (usually but not always the father) are required by law to pay monthly child support to the child's custodial parent (usually but not always the mother). This legal obligation takes effect as soon as the custodial parent obtains a child support order from a family law court. Child support orders are available to unmarried mothers as well as to custodial parents who have divorced the child's noncustodial parent.
Texas family law calculates child support based on a formula known as "percentage of income." This formula considers the income of the noncustodial parent when calculating child support but does not consider the income of the custodial parent.
In awarding child custody, the court will act in what it believes is the best interest of a child. As such, the court will not automatically award custody to the mother who whomever earns more money. In fact, due to the 1976 case, Holley v. Adams, there are several factors the court now takes into consideration when determining child custody. Typically, these factors include the following:
While cooperative approaches to divorce, such as collaborative collaborative divorce and mediated divorce, are up-trending, the sad truth is that many divorces are contentious, litigated cases. Prevailing in a divorce battle in court requires compelling and admissible evidence provided by credible witnesses and documented facts. And the use of private investigators is often key in establishing facts that are difficult to prove otherwise.
Frisco, Texas Child Support and Divorce Lawyer
Under Title V, Chapter 154 of the Texas Family Code, a mathematical formula is provided to determine child support. While each case is different, Title V considers a number of factors when determining the amount of child support link to to be paid, under what conditions wages can be garnished, if medical coverage must be provided, how retroactive child support will be handled, and when child support obligations end. Since child support is for the maintenance and upkeep of a child, it is not intended as a punitive measure or an "award" for the custodial parent; rather, it is the right of the child involved. For this reason, any change in child support payments must first be approved by the court through a post - divorce modification.
If you are considering divorce, on of your primary concerns should be the welfare and protection of your children. They should always come first, and should not have to suffer because you and/or your spouse elected to divorce.