A Dedicated Child Support Attorney in El Paso
Child support exists for one primary reason: to ensure that children are financially provided for after their parents separate or divorce. Having an experienced child support attorney in your corner makes a meaningful difference, whether you’re seeking fair support or defense against an unreasonable calculation. At the office of Richard Deck, Attorney & Counselor at Law, PLLC, we help El Paso parents navigate every aspect of Texas child support law with clarity and purpose. Call (915) 532-1122 to set up an initial consultation.
How Texas Establishes Child Support
Texas child support is governed by a set of statutory guidelines that calculate the paying parent’s obligation based on their net monthly income and the number of children being supported. The guidelines provide a consistent starting point, but the details of your specific situation can affect the final order.
Texas child support guidelines apply a percentage of the paying parent’s net monthly income based on the number of children covered by the order:
- 1 child – 20% of net monthly income
- 2 children – 25% of net monthly income
- 3 children – 30% of net monthly income
- 4 children – 35% of net monthly income
- 5 or more children – 40% of net monthly income
Net monthly income is calculated by starting with gross income and making several deductions. These deductions include federal income taxes, Social Security taxes, Medicare taxes, state income taxes, union dues, and the cost of the child’s health insurance.
Modifying a Child Support Order
A child support order is not necessarily final. Texas courts can modify an existing order when there has been a material and substantial change in circumstances since the order was last set. Common reasons to seek a modification include:
- A significant increase or decrease in either parent’s income
- The loss of a job
- A change in the child’s medical or educational needs
- A change in the custody or possession arrangement
Modifications also work in both directions. A paying parent whose income has dropped significantly may seek a reduction, while a receiving parent whose child’s needs have increased may seek an increase. Richard Deck, Attorney & Counselor at Law, PLLC, represents clients on both sides of modification proceedings.
Enforcing Child Support
When a parent falls behind on child support, Texas provides a powerful set of enforcement tools to collect what is owed. The majority of child support in Texas is collected through income withholding, in which the Office of the Attorney General directs the paying parent’s employer to deduct payments directly from their paycheck. When that is not enough, the state can:
- Intercept federal tax refunds
- Place liens on property
- Seize funds from bank accounts
- Suspend the parent’s driver’s license
- Suspend professional or occupational licenses
- Report the delinquency to credit bureaus
In cases of willful nonpayment, a parent can be held in contempt of court, which may result in fines and even jail time. Past-due support, known as arrears, does not disappear over time and continues to accrue interest until it is paid in full. If the other parent has stopped paying or fallen significantly behind, Attorney Deck can file an enforcement action on your behalf and pursue the full range of remedies available under Texas law.
Why Choose Richard Deck as Your Child Support Attorney
Richard Deck, Attorney & Counselor at Law, PLLC, has decades of experience in matters of child support, custody, and other areas of family law. Attorney Deck is also a Certified Child Welfare Law Specialist, a distinction recognized by the American Bar Association and the National Association of Counsel for Children.
Along with this national recognition, Attorney Deck’s law office remains locally focused. We know how El Paso courts handle child support matters and what it takes to get results for our clients.
Frequently Asked Questions
What if the paying parent is self-employed or owns a business?
Self-employment and business ownership can complicate the income calculation because gross income may not accurately reflect what a parent actually earns. In these cases, courts look at business revenue, deductible business expenses, and other financial records to arrive at a fair income figure. Attorney Deck has experience handling support cases involving self-employed parents and closely held businesses.
Is Child Support Tax Deductible?
No. Child support is not tax-deductible for the parent who pays it, and it is not counted as taxable income for the parent who receives it. The IRS treats child support payments as neither deductible by the payer nor taxable to the recipient, meaning neither parent reports these payments on a federal tax return.
Can child support be waived by agreement between the parents?
No. Child support belongs to the child, not the parent. Parents cannot waive or eliminate a child’s right to financial support through a private agreement. A court must enter a formal order, and any agreement that attempts to waive support entirely is unenforceable.
Does child support automatically end when the child turns 18?
Generally, Texas child support obligations end when the child turns 18 or graduates from high school, whichever occurs later. However, support can continue beyond that point for a child with a physical or mental disability that requires ongoing care. The obligation does not end automatically. A formal order or agreement is required to terminate it properly.
What happens if I lose my job and can’t make child support payments?
Falling behind on child support can have serious legal consequences, but a loss of employment may be grounds to seek a modification of the order. It is important to file for a modification as quickly as possible, since courts cannot retroactively reduce arrears that accrued before the modification request was filed. Do not simply stop paying and wait; take legal action promptly.
Can child support be taken from Social Security or disability benefits?
Yes. Texas courts can order child support withholding from Social Security Disability Income and certain other federal benefits. SSI benefits are generally exempt, but SSDI and retirement benefits are subject to withholding.
How long does it take to get a child support order in Texas?
The timeline depends on whether the case is contested. An uncontested support order agreed upon by both parents can be finalized relatively quickly. A contested case requiring hearings and financial discovery can take several months. Temporary orders can be entered early in the process to establish an interim support obligation while the case is pending.
Talk to a Child Support Attorney in El Paso Today
Whether you need to establish, enforce, or modify a child support order, our office is ready to help. Call (915) 532-1122 or contact us using the form below to schedule a consultation with Richard Deck, Attorney & Counselor at Law, PLLC.