Dwyer Law Firm, Attorney at Law

If I Have Custody, Will I Automatically Receive Child Support?


If you are granted primary custody of your minor children, the other parent of the children will typically have to pay child support. If both parents share custody, whether one parent pays child support is dependent upon your agreements and your judge. Rockwall county judges typically will not grant a divorce if there is no child support in the decree.

What Is The Process To Get Child Support Started?

Unless a party agrees to pay child support, child support will not be obtained unless a legal proceeding is begun.

When Does Child Support Start? Can It Start During A Separation?

Child support starts when an order is granted ordering child support. Generally, in a divorce or a suit affecting parent-child relationship, child support begins when temporary orders are entered either by agreement or at a temporary orders hearing.

How Is The Amount Of Child Support Calculated?

Child support is calculated by using a formula derived from the Texas Family Code. For one child, the standard is 20% of the obligor’s net resources. For two children, it is 25% of the obligor’s net resources. The obligation increases by 5% of the obligor’s net resources per child, capping at 40% for five or more children.

Can The Amount Ever Be Adjusted?

Child support can be modified. In order to file a suit modifying child support, the circumstances of the child or person affected by the order must have materially and substantially changed since the date of the previous order. Or, if it has been three years since the order was last modified and the order differs from what a current award would be by either 20% or one hundred dollars.

How Long Does Child Support Last?

Child support is generally ordered until a child reaches 18 years of age or graduates from high school, whichever occurs later. The court may order support indefinitely for a disabled child, meaning one that requires substantial care and personal supervision because of a mental or physical disability and will not be capable of self-support.

What Happens If The Other Parent Fails To Pay Child Support? What Are My Rights?

Enforcement of child support is the remedy for the failure to pay child support by the other parent. If the child receives governmental aid at any point in time during the child’s life, then the Attorney General’s office will assist with the enforcement procedure. If the child does not receive governmental aid, then you will need to hire a private attorney to file a motion to enforce child support. A judge can order the payment of child support, including back child support and/or order a non-complying parent to jail.

As A Family Law Attorney, What Are The Common Child Support Issues That You Typically Handle?

The most common issue seen in the Rockwall courts regarding child support is enforcement. Typically the obligor parent has either totally failed to pay or has failed to pay in full. However, in Rockwall and Dallas, I also regularly see a request to increase or decrease child support.

How Long Do Child Support Matters Generally Take To Be Settled?

Enforcement or modification of child support are lawsuits. Therefore, the length of time it takes to bring the matter to a conclusion is related to 1. the parties and how much they want to fight over the issue, 2. And the court’s schedule. Rockwall courts have general jurisdiction and thus all types of cases are heard in the district and county court at law. They included criminal, civil, probate, and family. In Dallas, family courts are separate from civil, criminal and probate courts. Usually, the sooner you can get the matter to mediation, the sooner it will be resolved.

For more information on Child Support In A Family Law Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (972) 746-2805 today.

Rex Dwyer, Esq

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