Category: Child Support Increase and Decrease

Enforcing Child Support Payments in Texas

Enforcing Child Support Payments in Texas

Unfortunately, just because a court orders a parent to pay child support does not mean they actually will. Enforcement actions can be taken by the attorney general in order to collect court ordered child support when a parent fails to pay. Read below to learn more about how child support agencies enforce court orders to collect support payments in the state of Texas. Tools for Collecting Child Support Child support agencies have many tools for enforcing child support orders. Here’s a breakdown of some of the most common methods CSS uses when attempting to collect past-due child support. Wage Withholding All child support orders include the enforcement tool of immediate wage withholding (also called “wage deduction,” “wage garnishment,” and “income (or earnings) assignment”). The state can order the obligor’s employer to deduct the child support amount from the obligor’s paycheck. Employers must deduct the payment from the obligor’s paycheck just like any other payroll deduction (such as income tax or social security). Depending on the order, the employer will send the payment to either the local child support office or the custodial parent. Wage withholding is very effective when the obligor has a regular job with a steady, predictable paycheck. However, it often isn’t the best enforcement method when the obligor changes jobs often, is self-employed, or is unemployed. When that’s the case, other tools come into play. Withholding Other Income Wages aren’t the only income that state agencies can withhold to cover unpaid child support. CSS may also order that money be withheld from payments such as commission income, employment bonuses, and pension benefits. State child support agencies can also participate in the Administrative Offset Program. This program allows interception of certain federal payments, such as pay to vendors who perform work for a government agency and federal retirement

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Do I Have to Pay Child Support Without a Job

Do I Have to Pay Child Support Without a Job?

Many parents wonder, ‘Do I Have to Pay Child Support Without a Job?’ The answer to this situation is that even if a noncustodial parent is unemployed, they will still owe child support. There are few exceptions to this rule. Speaking with an experienced attorney can help you make the best choices for your unique situation. What is child support?  Child support is money a parent pays to help with the cost of raising a child. This includes costs like food, housing, clothing, school supplies, daycare, and activities. A court can order one parent to pay child support to the other parent. The obligation to pay child support begins when the judge signs an order. A court can sometimes also order a parent to pay retroactive or “back” child support. Texas law expects both parents to provide financial support for their child, even without a court order. A court could order a parent to pay back child support if: They do not live with the child; and They have not helped support the child financially. Who pays child support? Who receives it?  In most custody arrangements, a child lives with one parent most of the time. This is the “custodial” parent. The “non-custodial” parent has visitation rights on a regular basis. The non-custodial parent (the “obligor”) has the obligation to make child support payments. The custodial parent (the “obligee”) has the right to receive these payments. How can I get child support? A court can order child support as part of the following legal proceedings: Divorce; Child custody case, also known as a Suit Affecting the Parent-Child Relationship (SAPCR); Paternity case; Family violence protective order case; or Modification case, if a court order affecting the child is already in place. What if the obligor is unemployed or underemployed?  If the

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How to Handle Summer Visitation as a Divorced Parent

How to Handle Summer Visitation as a Divorced Parent?

It is common for children of divorced parents to spend more time with their non-custodial parent during the long summer months. While this can be a great chance for your child to spend quality time with their other parent, it can also be a source of anxiety and stress on the parent with primary custody, and in some cases the child as well. Listed below are some tips on how to handle long summer visitations. Set Your Mind at Ease When your child is preparing to go away for summer visitation, do some advance planning that will help you feel comfortable with the vacation or the trip. Find out where your child is going and get the contact information. Ask questions so you know what the plan is. If your child will be traveling, get the details of the itinerary. Make sure your ex understands your child’s capabilities when it comes to swimming, hiking, or other activities. If your child is going to another state to stay with your ex, find out who will provide child care while your ex is at work. Stay in Touch If your child is in elementary school, this might be a good time to get him a cell phone. That way, you can reach him directly without having to go through your ex and you’ll have the peace of mind of knowing you can call at any time. Stay in touch, but don’t call several times a day. You have to let go a little and let your child and ex have time together without you involved. Find out if your child will have internet access. If so, set up an IM or Skype account so you can reach each other that way. If not, you could send your child with some stamps and

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Win Custody in Your Divorce Case

Win Custody in Your Divorce Case

Are you a Houston parent that wants to win custody in your divorce case? Working with an experienced family law attorney can help you in your child custody battle. Our family law firm will work with you either through mediation to reach an agreement regarding your parenting plan or to help you gain full custody and child support in court. Learn more about the different types of custody and factors that go into determining who will win child custody below. Types of Custody Arrangements There’s no one-size-fits-all custody arrangement; the terms of your final custody plan are supposed to be tailored to meet the needs of your family. The final custody order should normally address both physical custody (which parent the child lives with) and legal custody (which parent has the right and obligation to make decisions about the child’s upbringing). Most custody orders divvy up custody in one of the following ways: sole legal custody and sole physical custody to one parent sole physical custody and joint (shared) legal custody joint physical custody and joint legal custody, or sole legal custody and joint physical custody (rare). When an order specifies that one parent has sole physical custody, the judge will typically create a visitation schedule to ensure the child has the opportunity to enjoy a meaningful relationship with the noncustodial parent. Who Decides Custody? As is the case with most family law issues, courts will give a lot of weight to any agreements that parents reach regarding child custody. If parents can work together to achieve a fair and proper custody arrangement, the judge will likely adopt it into a court order. Working together is the best opportunity for parents to control what happens to their families after a separation or divorce. If you’ve tried talking with your spouse

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How Can I Strengthen My Case For Custody

How Can I Strengthen My Case For Custody

One of the most common questions divorcing parents ask is: How Can I Strengthen My Case For Custody? Child custody can be a very sensitive subject for families to take on. Not only are the emotions of both parents on the line, the welfare of any child involved is also. You may feel frustrated and unsure of how to go about proving that you are the better suited parent for custody. It is important that you navigate this situation delicately, involving your children as minimally as possible. Working with an experienced family law attorney can help you to make a strong case for why you are the parent that should be awarded custody. Attorney Dawn Renken is familiar with child custody cases in Texas and can provide your with the information and guidance you will need to make the most informed choices for your child. Understand the ‘Better Parent’ Standard A lot of parents go into a child custody hearing with the intention of seeking sole custody. For some parents, this is because they believe that the other parent is “unfit” to raise their child. Others would prefer to have sole custody for other reasons. However, any parent hoping to win child custody should realize that there is a higher burden of proof for the parent seeking sole custody. Factors that play a role in this decision: Courts don’t want to interfere in parent/child relationships: Most judges are reluctant to prevent either parent from having a relationship with their child because the implication is that both parents, together, are best able to care for a child. One parent must be established as a better parent: To award sole custody, the courts have to establish one parent as the ‘better parent,’ which can be difficult to do, particularly if both parents

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Coronavirus Related Layoffs Trigger Child Support Modifications

Coronavirus Related Layoffs Trigger Child Support Modifications

The impact the Coronavirus has had on our lives is unprecedented. Beyond the actual illness itself, the social response we have taken in attempts to prevent further spreading of the virus has left many without work. In these trying times, we are doing the best we can to pick up the pieces and continue living our lives. There is much uncertainty as we tread along towards the future, discovering how to maintain our obligations and care for ourselves and others. If you have experienced a change in your work schedule or have been laid off, due to Coronavirus, you may be wondering how you will be able to pay your bills, including child support. At Renken Law Firm, we are here to help those facing Coronavirus related layoffs that trigger the need for child support modifications. The health and wellness of our clients is our top priority. We are offering all of our legal services through safe telecommunication in order to follow and respect all social distancing boundaries put in place by our government. Our services have been made convenient so that you are able to get the top legal services in Houston from the comfort of your home.Our team can help you sort through and negotiate the specifics of your child support obligations and work to find solutions for your current financial situation, without you needing to come into the office. If you are looking to make an amendment or modification to your current child support agreement, while also doing your part to stay home and limit your social contact, Renken Law Firm can help! Once regular social gatherings have resumed, online divorce legal services will still be available for those with busy lives looking to take care of their needs without changing their schedule. Contact us today to

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