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Child Support

Monday, May 22, 2017

Seeking Child Support in Texas

How much could I receive in child support?

Child support can be critically important for the financial well-being of a minor child, but attempting to establish and collect child support can be a difficult and frustrating process.  Child support is partially determined by Texas state guidelines, but can also be influenced by numerous factors relating to the best interests of the child.  Any parent who believes they may be eligible to receive child support from the child’s non-custodial parent should contact an experienced Texas child support lawyer who can assist them in the child support process.
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Wednesday, June 29, 2016

Spousal Maintenance In Texas—Are You Entitled To It?

Are you experiencing financial difficulty during or following your divorce action?  Under the Texas Family Code, spousal maintenance is awarded when one spouse cannot provide for their own needs post-divorce or during the pending matrimonial case.  The requesting spouse must make a showing to the court that he or she has attempted to acquire financial stability during the divorce action

In addition to a spouse’s ability to be fiscally self-sufficient, courts consider several factors in determining whether a spouse is entitled to spousal maintenance.  This may include the partners’ economic resources, pre-existing child support obligations, education or other proficiencies and skills, and health status, such as a disability that stops a spouse from gaining or maintaining employment.

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Saturday, November 21, 2015

Child Support in Texas called “Purgatory” by Some Custodial Parents

Why has my child support payment been collected by the state, but not then distributed to me?

Recently, some are calling the massive number of undistributed payments in the Texas Office of Attorney General “purgatory.” This is because the custodial parent is put in the precarious position of waiting for money needed to make ends meet. This is money that has been allocated by the noncustodial parent to the state of Texas, but has not thereafter been distributed to the custodial parent. This can be a poverty-inducing experience for some parents in the system. Often, after the custodial parent fights the noncustodial parent for payment, the former faces a second fight with the state for the disbursement of funds.

In the third quarter of the 2015 fiscal year, Texas did not distribute $55 million in child support payments. This pales in comparison to the $21 million figure from this time last year. Clearly, this dismal situation, damaging to so many families, is getting worse.

The state has given a variety of reasons for this delay in distribution.of monies intended to support dependent children, including:

• Custody disputes regarding the amound of payment
• State interception of millions from the IRS that must then be verified as legitimate
• Erroneous information about the custodial's parents personal information, such as
home address or place of employment

In many instances, hiring an attorney can speed the process along.. Attorneys can petition the court for a hearing, and thereafter push the state to provide answers as to why the payment has been delayed. This may be especially helpful if the state is not providing answers to the distributee through the normal channels. If you are having troubling getting responses from the state's 800 telephone number, for example, or have had no success even when you visit a state office, it may be time to hire a family law attorney who is familiar with precisely how to expedite the process.

Monday, August 31, 2015

Dealing With Child Support Evaders Who Purposely Seek Work as "Contractors"

As we all know, monthly child support amounts are calculated based on the payor’s monthly income and other financial factors, including monthly obligations to debts or other children. As is also common knowledge, it can be difficult to ensure that monthly child support amounts are paid on time and in full – prompting many recipient parents to seek alternative methods to guarantee payment.

In Texas, there are a number of ways to force a payor to make payments. One of the most popular and hassle-free options for forcing payment is through a wage garnishment. In this scenario, an employer must deduct the appropriate amount from each paycheck and withhold that amount for the payment of child support. However, even this seemingly foolproof method is not without glitches, since  some evaders have found a way around this method.

According to recent reports around Texas, an influx of child support payors have begun seeking work as independent contractors as opposed to full employees, thereby avoiding the imposition of a wage garnishment. When a worker is categorized as an independent contractor, the employer is under no duty to withhold anything on behalf of the worker, including taxes, Medicare, Social Security, and child support.

The misclassification of workers is an expanding problem in Texas, as many employers, also perceive benefits in it as a route to avoid paying payroll taxes. Nonetheless, a  worker who has no control over his or her daily tasks and is under constant direct supervision cannot actually be considered an independent contractor under state and federal rules. Likewise, misclassifying employment as contractual to avoid and evade child support is illegal, and can result in criminal and/or civil penalties.

If you are facing a difficult situation relative to child support payments or wage garnishment and would like to speak to a reputable attorney about your issues, please do not hesitate to contact the Texas law offices of Stinson Moyle at 512-320-9070.

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