Austin Child Support Lawyers
When parents separate or divorce, financial support for children often becomes one of the most important and emotional issues to resolve. Texas law makes clear that both parents are responsible for supporting their children, and courts have guidelines for determining the amount of child support owed. At the same time, every family has unique circumstances, and applying the law fairly requires careful attention to detail. At The Law Office of Oprea & Weber, we guide parents through the child support process in Travis County courts, while also working to resolve disputes outside the courtroom whenever possible.
A well-prepared child support arrangement not only ensures compliance with the law but also helps protect your child’s financial well-being and avoids ongoing conflict between parents. Our Austin child support lawyers help you calculate support to achieve a fair result that meets your children’s needs while respecting your rights, including negotiating post-divorce modifications when circumstances change.
How Child Support Works in Texas
In Texas, the parent who does not have primary custody—often called the “noncustodial parent”—typically pays child support to the parent with whom the child primarily resides. The amount is usually based on a percentage of the noncustodial parent’s net monthly income, with the percentage determined by the number of children who need support.
However, the guidelines are not the end of the story. The court may adjust child support if applying the guidelines strictly would be unfair or inappropriate in a particular case. For example, if a child has extraordinary medical needs, if one parent has an unusually high income, or if parents share custody more equally than the standard arrangement, the judge may deviate from the formula.
It’s also important to note that child support is intended to cover more than just basic expenses like food and clothing. It is meant to contribute to housing, education, healthcare, and other essentials of raising a child. This broad definition is one reason why disputes sometimes arise over whether the guideline amount is truly sufficient or excessive.
Determining Income for Child Support Purposes
One of the most complex parts of child support cases involves figuring out exactly what counts as “income.” Texas courts look at wages, salaries, overtime, bonuses, commissions, rental income, and even certain benefits like pensions or trust distributions. Self-employment income requires special scrutiny, especially if a parent has business expenses that reduce reported profits.
Parents sometimes disagree about whether income has been underreported or whether one parent is deliberately earning less than they could. In such cases, courts have the authority to calculate child support based on a parent’s earning potential rather than their actual reported income. Our firm works with financial professionals when needed to ensure income is accurately identified and fairly assessed.
Modification of Child Support
Life changes, and so do the financial circumstances of parents and children. A job loss, a significant raise, a serious illness, or changes in custody arrangements can all justify revisiting the amount of child support being paid. A contested modification must go through the litigation process before being decided by the judge, but when the parties agree ahead of time, changing a support order is more streamlined. Either parent may request a modification, but the change must be substantial enough to warrant court approval.
The Role of an Attorney in Child Support Cases
Although Texas has clear guidelines, the actual process of securing a fair child support order is rarely simple. Calculating income, identifying special needs, addressing shared custody schedules, and pursuing modifications all require careful legal strategy. Without experienced representation, a parent can easily end up with an unfair or unsustainable order that creates long-term financial stress.
At The Law Office of Oprea & Weber, we help clients gather the necessary financial information, negotiate with the other parent to reach an agreement outside of court, and present a strong case to the court when needed. By resolving disputes before they escalate, we help parents maintain a more cooperative relationship and keep the focus on the child’s well-being.
Resolving Child Support Outside of Court
While judges in Travis County must ultimately approve child support orders, many parents prefer to settle the matter through negotiation or mediation before stepping into the courtroom. A mediated or negotiated agreement allows parents to have more control over the outcome, rather than leaving the decision entirely in the judge’s hands.
For example, parents may agree to share certain extracurricular or healthcare expenses in addition to guideline child support. They may also agree to build in future adjustments based on predictable changes, such as when a child begins college. When parents reach an agreement, our attorneys draft it clearly and thoroughly so the court can approve it without confusion or delay.
This approach minimizes conflict, shortens the process, and ensures the child support arrangement reflects the family’s actual circumstances rather than just a formula on paper. It’s the approach we prefer and encourage our clients to try whenever possible.
Common Misconceptions About Child Support
There are many misunderstandings about how child support works. Some parents believe support is optional or that payments can be withheld if the other parent is not following a custody schedule. In reality, child support and visitation rights are separate legal obligations. A parent cannot refuse to pay support because of visitation disputes, nor can they withhold access to the child because support has not been paid.
Another misconception is that child support automatically ends when a child turns 18. While that is often true, support may continue if the child is still in high school or has special needs requiring ongoing care. Understanding the law as it applies to your family is crucial for avoiding conflict and unexpected obligations.
How Our Firm Helps Austin Parents in Child Support Matters
At The Law Office of Oprea & Weber, we know child support disputes can be some of the most emotionally charged aspects of family law. We take a balanced approach, firmly protecting your rights while also working to resolve disputes in a way that minimizes stress for your family.
Our work includes:
- Helping parents calculate income and identify all relevant financial resources.
- Negotiating child support agreements tailored to the family’s specific needs.
Because we don’t just limit ourselves to checking boxes and filling out forms, much of our work also focuses on careful explanation and one-on-one guidance. We ensure parents understand what child support is meant to achieve and how to handle future changes without unnecessary conflict. Whether through negotiation, mediation, or litigation when required, our focus is always on ensuring children have the resources they need while protecting our clients’ financial stability.
Moving Forward With Confidence
Child support should not be seen as a punishment or burden but as a way to ensure children have the support they need to grow and thrive. Still, without skilled legal help, the process can feel punitive and adversarial. At The Law Office of Oprea & Weber, we work to take the uncertainty out of child support matters by providing clear guidance, strong advocacy, and practical solutions.
Whether you are seeking an initial order or requesting a modification of an existing order, our team is ready to help you achieve a fair outcome that serves your child’s best interests. Contact us today for skilled and compassionate guidance regarding your Austin child support needs.