Potential clients often visit our office inquiring about texas child support appeals, expressing dissatisfaction with the outcome. They seek advice on possible next steps. Our attorneys, with their deep understanding of child support cases, are ready to assist and guide you through the process.
Texas Child Support Calculation
In Texas, child support calculations adhere to a specific formula mandated by the Texas Family Code. This formula is based on the rebuttable presumption that applying the statutory child support guidelines aligns with the best interests of the children. However, circumstances may warrant a deviation from these guidelines to better serve the individual needs of each case.
| Number of Children | Support Percentage |
| 1 | 20% |
| 2 | 25% |
| 3 | 30% |
| 4 | 35% |
Texas Child Support Appeals: Deviation from Standard Formula
Texas law, specifically Section 154.123 of the Texas Family Code, allows for deviations from the standard child support guidelines under certain circumstances. Authorities consider these adjustments when they deem adherence to the standard formula unjust or inappropriate for the case at hand.
Key Considerations for Deviation
The court evaluates several factors to determine if a deviation is warranted:
- Child’s Needs:Â Age and specific needs of the child.
- Parental Contribution: Financial ability of parents to support the child.
- Financial Resources: Available resources for child support.
- Custody and Access:Â Time spent and access each parent has with the child.
- Obligee’s Resources: Obligee’s net resources and earning potential, factoring in unemployment or underemployment.
- Child Care Expenses: Costs incurred by either parent for employment-related child care.
- Custody of Other Children: Managing conservatorship or custody of other children by either party.
- Alimony/Spousal Maintenance: Amount being paid or received by a party.
- Education Expenses: Costs for education beyond secondary school.
- Employment Benefits: Automobile, housing, or other benefits from employment.
- Income Deductions:Â Deductions from wage or other compensation.
- Healthcare Provision:Â Insurance and uninsured medical expenses.
- Special Expenses: Extraordinary educational, health care, or other expenses.
- Travel Costs: Expenses for travel to access the child.
- Property and Asset Cash Flow: Financial impact of properties, businesses, and investments.
- Debts:Â Debts or debt service taken by either party.
- Other Relevant Factors: Any other aspect in the child’s best interest.
This framework ensures a fair evaluation of each parent’s situation in determining child support, always prioritizing the child’s best interest and unique family circumstances.
How to Appeal the Child Support Ruling?
In Texas, child support hearings occur under the Office of the Attorney General, presided over by a Master (associate Judge), who is not an elected Judge. Texas Family Code 201.015 grants you the right to appeal the Master’s decision, provided you act within three days following the final hearing
Essential Steps for an Appeal
Request a De Novo Hearing: You must submit a formal request for a de novo hearing, clearly outlining the issues you plan to present to the referring court.
File with the District Clerk’s Office: After preparing the request, file it at the District Clerk’s Office.
Notify Involved Parties: Ensure to send notice of the de novo hearing request to the other parent and the Attorney General involved in the case.
Conducting the De Novo Hearing
During the de novo hearing, the following procedures take place:
Presentation of Witnesses:Â You and the other parties may present witnesses to testify on the specified issues outlined in your hearing request.
Consideration of Previous Records: The referring court may review the record from the hearing before the associate judge, including any jury instructions and verdicts.
The referring court is obligated to schedule and conduct a de novo hearing no later than 30 days after receiving your initial request for such a hearing. This timeline is crucial for ensuring a timely review of the appeal.
Who Can Appeal the Ruling?
Any party can file an appeal which includes:
- Mom,
- Dad, or
- the Attorney General.
Our child support lawyers can help you with the time-sensitive nature of child support appeals and can act quickly to ensure that all deadlines are met. Child support findings provide our lawyers with information to help argue your case for a favorable outcome. As with most cases in which children are involved the court will be most interested in what is in the best interest of the children.
The attorneys at the Law Office of Bryan Fagan, PLLC in Houston help parents bring and defend child support appeals. We are ready to take on the challenge of your child support appeal for the best possible outcome.
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