Child Support

JT Borah is a Denton County law firm that practices family law.  The firm represents clients living in the communities throughout Denton County, Texas, who are going through a divorce or legal separation and require assistance negotiating their child support obligations.

Attorney JT Borah understands the issues involved in establishing and modifying child support orders. When parents choose to end their marriage, the court will determine whether one parent will pay the other for the care and maintenance of the child. Parents may also be able to modify child support arrangements by later petitioning the court.

Child support is one of the most important decisions a parent can make during the divorce or separation process because it concerns your child's maintenance and well-being. Our firm seeks to inform you on how the process works, assist you with identifying the key issues, and work toward a fair resolution of your case. We will conduct your case with the discretion it deserves.

Our clients should understand what their ongoing financial responsibilities are towards their children. The court has the authority to order either or both parents to support a child in the manner specified by the court order during the following time period:

  • until the child reaches the age of 18 or graduates from high school (whichever occurs later),
  • until the child is legally emancipated through marriage, through removal of the disabilities of minority by court order or other operation of law,
  • until the child's death,
  • for an indefinite period if the child is disabled.

Under some circumstances, the court may make an original support order, or modify an existing order, providing child support past the child's 18th birthday. A court may not make an order conditioning the right of a conservator to possession of or access to the child upon the payment of child support.

Additionally, the court may decide to order a parent to pay retroactive support if the parent was not previously ordered to pay child support, and was not a party to the suit in which the support order was issued. The court may order a parent subject to a previous order to pay retroactive support if:

  • the previous order terminated as a result of the marriage or remarriage of the child's parents,
  • the parents separated after the marriage or remarriage, and
  • a new support order is sought after the date of separation.

A child support order which conforms to the guidelines in the Texas Family Code is presumed to be in the child's best interest. These guidelines are meant to guide the court in ordering an equitable amount of child support. However, under some circumstances, a court may decide that it would be unjust or inappropriate to apply those guidelines.

The child support guidelines in the Texas Family Code are designed to apply to situations in which the net resources of the obligor (the parent making support payments) are $6,000 or less. The court must presumptively apply the following schedule of support payments where the obligor's monthly net resources are $6,000 or less:

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+ children Not less than the amount for 5 children

You and your former spouse can negotiate a child support agreement that does not conform to these guidelines. However, for the agreement to be valid, the court must accept that the agreement is in the best interest of the children involved. Our experienced attorneys can help you negotiate such an agreement.

Contact our firm online, or call us at (940) 566-4600 to set up a FREE consultation to learn more about your child support options.