Deviating from the Child Support Guidelines – How and Why?
The Texas Family Code sets out child support guidelines used to determine the minimum payment a parent can be ordered to support a child. The guidelines are presumed to be in the best interest of the child, however, it is often found not to be enough to cover the child’s needs. “One size fits all” doesn’t always fit everyone’s circumstances. Creating a customized child support order to insure the needs of the child is an option commonly utilized by courts and attorneys.
Child support is designed to provide for a child’s needs. When assessing the needs of the child, the primary factor used is the best interest of the child. A parent should consider all factors relating to a child’s expenses. It is important to look to the future to identify the prospective needs and expenses. A child support order is a final order. A modification of an order can be sought but will require additional costs to file the suit. Therefore, it is important to keep in mind that the order will likely be in place until the child turn 18 years of age or graduates high school, whichever occurs last. The support order can be effective for a significant amount of time depending on your circumstances and should reflect all the possible needs of the child for that period of time. The Texas courts have decided a child’s needs extend beyond the bare necessities of life, but have not clearly defined the full extent of a child’s needs that can be provided for through a child support order.
It is essential to clearly communicate all of the possible needs of your child to your attorney. There are several options available to insure you have the adequate support for your child, but first you must establish the types of needs and expenses for the child’s future. You can assist your attorney in obtaining the best result possible by thoroughly analyzing your child’s needs and expenses.
The following is a categorized list of standard needs that should be taken into consideration when issuing a child support order.
- Basics – shelter, food, clothing, a doctor, education, transportation, and development
- Daycare/pre-school
- After school care
- Extracurricular activities – ex. Camps, sports, private lessons, equipment, required attire
- Special needs – ex. Disability, therapy, tutors
- Large expenses – ex. Braces, car, car insurance, college
If you have any questions or concerns regarding child support, please do not hesitate to contact us at 972-353-4600.