Child support in Texas is always calculated in accordance with the children’s best interests. This means that you and your children’s other parent can agree to terms that differ from state guidelines, but only if they uphold your kids’ best interests. For example, if you both agree to higher payments or to more comprehensive coverage that addresses college, the court is very likely to uphold the terms.
Dipping below the amount set by state guidelines, however, requires a serious reason, such as a significant change in circumstances. Guidance from an experienced San Antonio child support attorney at Cook Law Firm can clarify when an exception may apply.
Your Children’s Best Interests
Every child support case is based directly on the children’s best interests. State guidelines, however, focus primarily on the amount of parenting time each parent receives and each parent’s income. The parent who earns more can generally expect to pay child support, even when overnights with the children are divided equally.
Other factors that play a role include the following:
- The cost of the children’s medical and dental insurance premiums, and who covers them
- Each child’s physical, educational, and emotional needs – including any special needs
- The cost of the children’s childcare expenses
- Any extraordinary expenses that apply
- The paying parent’s support obligation for children not addressed by the current order
- Travel costs associated with exercising possession
Exceeding the State Guidelines
If you and your ex reach an agreement regarding child support that exceeds the amount required by the state, you can generally expect the terms to be upheld. Often, the excess is due to covering expenses for private education, extracurriculars, travel, and higher education. Expenses like these are considered enriching, meaning they support your children’s best interests.
Failing to Meet the State’s Guidelines
Texas child support guidelines are based on specific circumstances, so the court is unlikely to impose terms that do not comply with them. Only if there are extenuating circumstances that move the court to accept less than the specified amount will it do so. For example, if the parent required to pay child support has a disability that prevents them from covering the full amount, an exception may be made.
Child Support Orders Are Legally Binding
The bottom line is that child support orders are legally binding. This means that, once they are in place, they must be followed. If you and your ex agree to a modification, only the court can make it official, and its decision will be based on your children’s best interests.
Turn to an Experienced Attorney for the Help You Need
The dedicated San Antonio child support attorneys at Cook Law Firm have an impressive track record for guiding challenging cases toward optimal outcomes, and we’re here for you, too. Contact us online or call us at 210-740-0281 today.