No matter what your situation is if you have a child with another person and you are now separated you have probably thought about child support. Here are the top ten things that your attorney needs to know in order to help you get child support setup.
1. Proof of your income
2. A detailed list of your monthly expenses
To assist you in preparing your proof of income and monthly expenses, click this Financial_Information_Sheet. This Financial_Information_Sheet will assist you in considering the different expenses you have each month.
3. Understanding of the other party’s income
If you have any proof of the other party’s income such as a paycheck stub you should bring that information with you. Child Support in Texas is calculated based on a percentage of a person’s income. If you are unable to provide proof to the Judge of the other party’s income, then child support may be set based on a minimum wage monthly income.
4. The number of children in which support is being sought
Texas child support guidelines are based on the income of the parties and the number of children therefore, in order to properly calculate child support the number of children involved must be included.
5. The name, date of birth and social security number for each child and parent
Names, dates of birth and social security numbers are required on some of the forms to establish child support.
6. Has one party made payments to the other directly for the support of the child
If direct payments have been made, the person making the payments may be entitled to a credit for those payments. There are rules related to when payments are to be credited and when they are not. These can be discussed when you meet with an attorney.
7. Whether the father signed an acknowledgement of paternity or was married at the time the child was born
Typically, if the parties are not married, the father of the child will be asked about signing an acknowledgement of paternity at the hospital. This is to establish that he is the father of the child. Merely putting his name as the father on the birth certificate is not enough. While the father might be asked at the hospital, the father can sign an acknowledgement of paternity at any time after the child is born. If the father did not sign an acknowledgment of paternity or was not married to the mother, then court-approved DNA testing may be required.
8. Who will be listed as the primary caregiver
The primary caregiver is typically the parent with whom the child(ren) will live with during the week. This is typically the address used to determine where the child(ren) will go to school. This does not necessarily mean that the primary caregiver has more rights with respect to the child(ren) than the other parent.
9. What type of visitation will work for your situation
Not every situation lends it self to the Standard Possession that is listed in this Texas Family Code. For some families the non-primary caregiver works a flexible schedule which does not always allow for weekend possession and thus the visitation needs to be setup to accommodate that schedule. For some families it is better for the child(ren) to spend one week with one parent and then the next week with the other parent. Depending on the visitation desired by the parties may affect the child support amount.
10. The number of children each parent has from all relationships
Just as child support factors in the number of children in this relationship, it also factors in all children from other relationships.