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Bruce Allen Buskirk, Esq.
CALL ME NOW!
Bruce can represent you immediately, and in many cases have your pleadings filed the very next day.
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BUSKIRK & ASSOCIATES PC
Child Support
Tell A Friend About Bruce Buskirk
Serving The Following Areas Since 1993
- Houston
- Spring
- The Woodlands
- North Harris County
- Montgomery County
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- Conroe
- Tomball
- Cy-Fair
- Humble
- Kingwood
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FREE Office Consultation
Call Bruce Now!
281-583-7553
Toll Free
After 5:PM and Weekends
1-866-825-8633
Fax # 281-315-8863
4606 FM 1960 W #400
Houston Texas 77069
(Building Next To Office Depot)
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Divorce Attorney Houston Texas, Child Support Attorney Houston Texas, Houston Child Support Lawyer, Child Support Lawyer Houston, Divorce Lawyer Houston Texas
A good divorce attorney in Houston Texas will tell you the Texas Family Code contains guidelines for the
computation of child support. The guidelines are specifically designed to apply to situations in which the obligor's
monthly net resources are $6,000.00 or less. In such cases, your divorce lawyer in Houston Texas will explain that the court presumptively applies the following schedule:
1 child
2 children
3 children
4 children
5 children
6 or more children
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20% of Obligor's Net Resources
25% of Obligor's Net Resources
30% of Obligor's Net Resources
35% of Obligor's Net Resources
40% of Obligor's Net Resources
Not less than 40%
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If the obligor's net resources exceed $6,000.00 per month, the Court shall presumptively apply the above percentages to the first $6,000.00 of net resources. Without further reference to the percentage, the court may order additional amounts of child support. The court may not order the obligor to pay more child support than the presumptive amount (as calculated by multiplying the above applicable percentage times $6,000.00) or an amount equal to 100% of the proven needs of the child, whichever is greater.
In addition to monthly child support payments, the payor is required to maintain the children on the payor's employment health insurance policy. If insurance is not available through the payor's employment, but is available through the payee's employment, the payor will be ordered to pay the premium costs. If insurance is not available through either parties' employment, the payor will be ordered to provide insurance coverage to the extent available and affordable. Additionally, the Court usually makes orders regarding the payment of deductibles and other uninsured expenses.
Absent marriage or other acts which would emancipate the child, child support orders continue until the child reaches age 18. If the child is in high school at age 18, support continues until high school graduation. If the child is disabled, it may be possible to continue child support for an indefinite period. Texas law makes no provision for support during college, or the payment of college expenses. However, this can be done by a contract between the parties if an agreement can be reached on this issue.
MODIFICATION OF CHILD SUPPORT AND CONSERVATORSHIP
All orders concerning the children are
modifiable
in the future. Either parent can petition the Court to change conservatorship, periods of possession,
or child support at any time until the child is emancipated. The burden of proof are different in each case,
and sometimes are very onerous. You should not enter into an agreement based on the assumption that it can
always be modified later. Caution: Informal agreements between the parties are not binding on the Court.
If your former spouse agrees to give you primary possession of the children, and then demands return of
the children several days later, you have no enforceable right to retain possession. If you rely on the
agreement of your former spouse that you can pay a lesser amount of child support, you are likely to find yourself in
contempt of court
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If agreements are reached, contact an attorney to have them reduced to the form of a court order.
ENFORCEMENT OF CHILD SUPPORT AND CONSERVATORSHIP
Orders relating to support and conservatorship of the children are enforceable by the Court. Sanctions for non-payment of child support or failure to comply with periods of possession include imprisonment. Caution: Please remember that the duty to pay child support and the right to periods of possession with the child are independent concepts. If your spouse or former spouse does not allow you to see the children, you cannot refuse to pay child support. If your spouse or former spouse is not paying child support, you cannot refuse visitation rights with the children. Your remedy is to seek enforcement of the court order. If you violate the court order, your spouse can file an enforcement action against you. If you do not pay child support, the Court can order jail time, garnishment of wages, and other onerous punishments. If you refuse visitation, there are civil and criminal remedies available to the other parent. Additionally, the child's parent could seek
modification.
Protect Your Rights
Bruce is ready to utilize his Family Law background, experience and knowledge
to protect and safeguard your rights.
Call Bruce Right Now! 281-583-7553
or
Toll Free 1-866-825-8633 After 5:00 PM
And Weekends.
More Frequently Asked Questions To Divorce Lawyers
Bruce Buskirk Attorney 4606 FM 1960 West Houston Texas 77069 Tel: 281-583-7553
The information contained in the Bruce Allen Buskirk website is provided for informational purposes only,
and should not be construed as legal advice on any subject matter.
Unless otherwise referenced the attorneys are not certified by Texas Board of Legal Specialization.
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