Tuesday, September 8, 2015

When Child Support Under the Guidelines is Not Enough

In addition to the general child support guidelines, the Texas Family Code also lists additional factors that may be considered by a judge in awarding child support outside the guidelines (either more or less support than would be ordered by applying strict guidelines). 
For instance, the party who has primary care of the child may have physical limitations him/herself, may be unemployed through no fault of his/her own, or may be unable to work due to the child's needs. If a child has special needs, that will be a major consideration.  All of these factors may allow for the Obligee (the person receiving child support) to request support above the guidelines.

On the other hand, the Obligor (person who  pays child support) may need to ask for a child support reduction, for the same reasons.   The Obligor may have a medical condition or disability, be unable to work through no fault of his/her own, or be able to show that the child is actually living with him/her most or all of the time. 

During a divorce, any unusual and all relevant facts should be discussed with your attorney.  After the divorce is final, any significant change in circumstances (health, employment, finances, where the child is living) may lead to a petition requesting that the judge order an increase or decrease in the amount of child support owed. 
If you believe that you may need to have a modification, or may need to ask for child support outside the guidelines, request a child support consult to discuss the circumstances with a family law attorney.  

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