What Evidence is Needed for Texas Child Support Cases?

 Posted on November 12, 2021 in Child Support

While there are many issues that may lead to contentious discussions between divorcing spouses, one of those issues that can often lead to long-term acrimony is child support. It is not uncommon for the parent who is paying the support to resent the money they have to turn over every month to their ex-spouse. Conversely, it is also not uncommon for the parent who is receiving the support to feel the amount of child support they are receiving does not come close to meeting the actual financial needs of raising children.

Although Texas family courts use a formula to determine which parent should pay support and how much that support should be, it is still important to provide the court with any evidence that could have an impact in the amount of support obligation the court orders. The following is a brief overview of certain types of evidence that may be required. Your Frisco child support attorney can provide more details of the type of factors that could apply in your particular case.

Required Information

At the start of your child support case, and usually at every hearing during the process, you and the other parent will be required to file a financial affidavit with the court. It is imperative that all information on the affidavit is correct and true because it is submitted to the court under the penalty of perjury.

Having certain documents will also help verify any disclosures made in the affidavit. Each parent is also often required to hand copies of this information over to each other:

• Paystubs
• Statements for any benefits either parents receive including unemployment benefits, disability benefits, workers’ compensation benefits, or any other financial benefits or assistance programs
• Income tax returns
• Bank and other financial institution statements
• Mortgage statements
• Financial statements from any businesses or corporate interests of either parent
• Documents that show income from any real estate properties, business interests, and investments

Additional Documents

Under Texas law, the amount of child support a parent is ordered to pay is usually a percentage of their net income based on the number of children they have:

• One child: 20 percent of net income
• Two children: 25 percent of net income
• Three children: 30 percent of net income
• Four children: 35 percent of net income
• Five children: 40 percent of net income
• Six or more children: A minimum of 40 percent of net income

In some cases, there are circumstances where the court will decide that a child has greater financial needs than what the Texas guidelines allow. For example, if a child has special emotional, mental, or physical needs, the court could order the paying parent to pay more than state guidelines so as to not put the entire burden of these expenses on the parent who has custody.

In order for a parent to request higher child support amounts, there is certain evidence they must show the court to justify the request. This can include:

• The child’s medical records
• Statements from the child’s doctors
• Records of out-of-pocket expenses for medications, education, or other needs the child has
• Documents showing any additional educational costs the child requires, such as tutoring or tuition
• Documents showing the price of any recreational activities the child is involved in

Contact a Frisco Family Lawyer for Legal Assistance.

Whether you are a parent seeking child support or you are a parent who is being ordered to pay, you need a skilled Collin County child support attorney advocating for you. Call The Law Office of Linda Risinger at 972-294-6533 to schedule a free and confidential consultation and find out how we can help.

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm