Austin Child Support Attorney
Child support in Travis County is set by formula before anyone argues about fairness. A district court applies a percentage to the paying parent’s monthly net resources, and that single calculation can shape a family’s budget until the child turns 18 or finishes high school. The Law Office of Oprea & Weber handles child support, custody, paternity, and related family law matters for parents in Austin and throughout Central Texas, and an Austin child support attorney from our firm can help you get the number right at the start or correct it later.
The formula looks simple, but the outcome turns on details: what counts as income, whether a bonus or commission is included, how many children the paying parent supports in other homes, and whether the facts justify a departure from the guideline amount. Parents who agree on a figure without checking it against the guidelines sometimes lock in an order that is hard to change down the road. The decisions made in the first order tend to follow a family for years.
How Texas Calculates Child Support
Texas guidelines apply a fixed percentage to the paying parent’s monthly net resources: 20 percent for one child, 25 percent for two, 30 percent for three, 35 percent for four, 40 percent for five, and at least the five-child percentage for six or more. If the paying parent’s net resources fall below $1,000 a month, a lower schedule applies, beginning at 15 percent for one child and rising to 35 percent for five or more.
The percentages apply only up to a statutory cap on monthly net resources. That cap is adjusted periodically by the Attorney General based on the Consumer Price Index, so the current figure should be confirmed at the time of your case. A parent earning above the cap is not automatically limited to the capped amount, because a court can consider the children’s proven needs and order more, but the guideline amount is the presumptive starting point.
Net resources are broader than a paycheck. Wages and salary count at 100 percent, along with commissions, overtime, tips, and bonuses. Self-employment income, business distributions, rental income, and other regular sources can also be included. For a self-employed parent in Austin’s tech, construction, or hospitality economy, the fight is often over which business expenses are legitimate and which simply reduce reported income on paper.
Where Child Support Disputes Tend to Arise
- Variable and Self-Employment Income: Parents who earn commissions, tips, contract pay, or business profits often disagree about what the true monthly figure is. Tax returns, bank statements, and profit-and-loss records usually decide it.
- Deviations From the Guidelines: A court may depart from the guideline amount when applying it would be unjust or inappropriate, for example when a child has extraordinary medical or educational needs.
- Children in Other Households: A parent supporting children from another relationship may receive an adjustment, which changes the math for everyone involved.
- Unmarried Parents and Paternity: Support cannot be ordered for a child until legal parentage is established. We handle paternity and SAPCR suits so support, custody, and possession are resolved together.
- Custody Schedule Changes: A shift in who the child primarily lives with often calls for a corresponding change in support, and the two requests are frequently filed together.
- Medical and Health Insurance Costs: Orders address who covers the child’s health insurance and how uninsured medical expenses are divided, issues that matter as much as the monthly figure.
- Enforcement of Unpaid Support: When a parent falls behind or ignores an order, enforcement actions can address the missed payments and compel compliance.
- Support for a Disabled Child: Support for a child who cannot support themselves because of a disability can continue past the usual end date.
Why Choose Oprea & Weber for Child Support in Austin
The Law Office of Oprea & Weber is a boutique divorce and family law firm serving clients in Travis, Williamson, Hays, and Bastrop Counties and across Central Texas. Our attorneys, Kevin Weber and Karen Oprea, both graduated magna cum laude from the University of Michigan Law School. We keep our caseload intentionally manageable, which means your attorney personally handles your case from the first consultation to the final order, with direct access and plain-language communication rather than layers of staff or junior associates.
That background matters in support cases because they are won on records and preparation. Kevin trained in complex commercial litigation and negotiation at Latham & Watkins in Manhattan, experience that translates directly to untangling business income, reading financial records, and negotiating from a position of preparation. Karen has briefed and argued cases before the Fifth Circuit Court of Appeals, the Texas Court of Criminal Appeals, the Texas Courts of Appeals, and the New York appellate courts, which sharpens how we frame legal arguments when a guideline departure or modification is contested.
Kevin also mediates family law disputes and represents clients in mediation, so he understands what produces an agreement that holds up. Many support issues settle, and we pursue cooperative resolution whenever it serves you, while preparing every case as though it may be tried. Clients describe our attorneys as knowledgeable, thorough, and caring, and several credit Kevin with holding them steady through emotional custody and support matters.
What to Do Before You File or Respond to a Support Request
Start by gathering income records for both households as best you can: recent pay stubs, the last few years of tax returns, bank statements, and documentation of any bonuses, commissions, or side income. If you are the paying parent, collect proof of what you pay for the child’s health insurance and any other children you support. If you are the receiving parent, document the child’s actual expenses, including child care, medical costs, and school or activity fees, since these matter if you are asking the court to go beyond the guideline.
Decide early whether you are dealing with a first order or a change to an existing one. Parentage has to be established before support can be ordered for unmarried parents, so a paternity or SAPCR suit may need to come first. If an order already exists, the route to changing it depends on its age and your circumstances, discussed below. Do not simply stop paying or start paying less because your situation changed. An order stays enforceable until a court modifies it, and unpaid amounts can accumulate.
Child support cases in Travis County are filed in the district courts, which sit at the Travis County Civil and Family Courts Facility in downtown Austin, and the county also has Title IV-D child support courts that handle cases involving the Attorney General’s child support program. Contested hearings and trials there are generally held in person unless the parties agree otherwise or the judge directs differently. Families in neighboring counties file in their own district courts, including Williamson County in Georgetown, Hays County in San Marcos, and Bastrop County in Bastrop. Where you file matters, so confirm the proper county before anything is submitted.
A common mistake is agreeing to an informal arrangement without a court order. A handshake deal about money cannot be enforced, and it does nothing to protect either parent if the relationship changes. Another is assuming that an agreed number below the guideline is harmless. If the parents agreed to something different from the guidelines, a later modification generally requires showing that circumstances have materially and substantially changed since that order was entered.
Modifying an Existing Child Support Order
Texas offers two main paths to change support. The first is the three-year route: if three years have passed since the order was signed or last modified, and the monthly amount differs from what the guidelines would produce by either 20 percent or $100, a court may modify it. The second is a material and substantial change in circumstances, which has no minimum waiting period. A job loss, a significant raise, a new child, or a change in the child’s medical needs can qualify, as can incarceration of more than 180 days.
Modifying support is often tied to changes in possession and custody. A change to conservatorship or possession requires a material and substantial change and a finding that the modification serves the child’s best interest. A child who is at least 12 may tell the judge in chambers which parent they prefer to designate the primary residence, which can support a modification. A parent who has voluntarily given up primary care of the child for at least six months may also be in a position to seek a change.
Possession schedules are also evolving. For new orders where the parents live within 50 miles of each other, the Expanded Standard Possession Order, with Thursday overnights and weekends running through Monday morning, is now the default. Parents with older orders must file a modification to adopt it, and a change in the overnight schedule can prompt a fresh look at the support figure.
Child Support Questions Austin Parents Ask
How much child support will I pay or receive in Texas?
The guideline starts with the paying parent’s monthly net resources, up to the statutory cap, and applies a percentage based on the number of children: 20 percent for one, 25 for two, 30 for three, 35 for four, and 40 for five. Adjustments for children in other households or for a deviation can change the final figure.
What counts as income for child support?
Net resources include wages and salary at 100 percent, plus commissions, overtime, tips, and bonuses, along with other income such as self-employment earnings, rental income, and business distributions. The question in many cases is how much of a business’s income is truly available to the parent.
When does child support end?
Support generally continues until the child turns 18 or graduates from high school, whichever is later, provided the child remains enrolled and meets attendance requirements. Support for a child with a disability who cannot support themselves may continue indefinitely.
Can unmarried parents get child support?
Yes, but parentage must be established first. Through a paternity action or a SAPCR suit, the court can determine legal parentage and then address custody, possession, and support together.
Is a father’s rights claim affected by the paternity deadline?
It can be. When a child has a presumed father, a proceeding to adjudicate parentage generally must start by the child’s fourth birthday, with exceptions such as when the presumed father and mother did not live together or have intercourse around the time of conception, or when misrepresentation kept the presumed father from asserting paternity.
Can I change child support if my income drops?
You can ask the court to modify it based on a material and substantial change in circumstances, or after three years if the amount differs from the guideline by 20 percent or $100. Until a judge signs a new order, the existing amount remains due.
Can we agree on a different amount than the guidelines?
Parents can agree, and a court reviews the agreement. Be careful: if the agreed amount departs from the guidelines, a later modification generally requires showing circumstances have materially and substantially changed since that order.
What happens if the other parent stops paying?
The order remains enforceable, and unpaid support does not disappear. Enforcement actions can address the missed payments and compel compliance, and keeping your own payment records organized strengthens that effort.
Does the court consider how much time each parent has the child?
The guideline percentage is based on the paying parent’s net resources, but possession and custody arrangements are decided in the same case and can affect the overall order. When the primary residence changes, a corresponding support change is commonly requested.
How long does a child support case take in Travis County?
It depends on whether the parents agree. An uncontested order can be entered relatively quickly once the paperwork is complete, while disputes over income, business records, or custody take longer and may involve discovery, mediation, and hearings on the court’s schedule.
If we are also divorcing, is child support part of that case?
Yes. In a divorce involving children, support is resolved in the same case as custody and property division. A divorce cannot be granted before the 60th day after filing, though temporary orders can address support while the case is pending.
Is it worth hiring a lawyer for a straightforward support order?
Often, yes. Even a simple case involves choices about income, health insurance, and possession that are hard to revisit once an order is signed, and a lawyer can confirm the figure matches the guidelines before it becomes final.
Serving Child Support Clients Across Austin and Central Texas
We represent parents throughout Austin, from Downtown, Clarksville, Hyde Park, and Zilker to East Austin, Mueller, Barton Hills, and Bouldin Creek, and out to Circle C, Windsor Park, Cherry Creek, and Tarrytown. Our Travis County work extends to Pflugerville, Manor, Lakeway, Bee Cave, West Lake Hills, Rollingwood, and Sunset Valley.
We also serve families in Williamson County, including Round Rock, Cedar Park, Georgetown, Leander, Hutto, and Taylor, and in Hays County, including San Marcos, Kyle, Buda, Dripping Springs, and Wimberley. In Bastrop County, we help parents in Bastrop, Elgin, and Smithville. Whether your case is filed in Travis County or one of its neighbors, we handle initial orders, modifications, and enforcement for families throughout the region.
Talk With an Austin Child Support Lawyer
Whether you need to establish support, change an order that no longer fits, or enforce one that is being ignored, an Austin child support lawyer at Oprea & Weber can walk you through the numbers and your options in plain language. Call to schedule a consultation and speak directly with an attorney who will handle your case from start to finish.