Even if you are not fighting over custody of your children, child support will be an issue in your case. You will either be paying it or receiving it.
Courts have little discretion in setting the amount of child support to be paid. This is because, The Texas Family Code sets out the method of calculation. Although the exact procedures and details vary from state to state, there is a certain basic pattern no matter where you live.
Typically, child support is calculated in a very formulaic manner, meaning it is a math problem. In most states, the calculations are based upon three main factors: the parents’ income, the percent of time each party has the children, and the number of children involved. The courts have constructed formulas in an attempt to eliminate subjectivity.
The oft-used term “deadbeat dad” conjures up an image of a father who neglects to support his children emotionally or financially. Not every dad who does not fulfill his child support obligation can be construed as a “deadbeat.”
The law recognizes this distinction. Inability to pay is a valid defense to a contempt action. Simply showing that you are unemployed, though, is not sufficient to establish an inability to pay and there are other things you should do in this scenario to better your legal position.
There may be a host of causes for financial hardship, but many of them will not entitle you to reduce your child support obligations. Simply losing a portion of income may not be enough to reduce your child support obligation.
In some states, you must lose a significant portion before the courts will entertain changing the amount. The first thing you need to do is find out what the requirements are in your state for modifying a child support order. The requirement may include a reduction of income, birth of another child, or even length of time since the last order.
If you are divorced, depending on the state where you live, the court could order you to pay for your adult child’s college education – something a court could never order a married couple to do.
When the judge in your case determines your original child support obligation, the considerations may be dictated by statute, determined by the circumstances of your case or a combination of factors. These initial considerations may affect how future evaluations of your child support obligation are reviewed.
You are entitled to adjust the amount of your child support if the variables used in the initial calculation have changed or if other factors are no longer valid. You may speak to a family law attorney to see if you might qualify.