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Child support order

A child support order is a court order outlining the terms of child support, such as who pays, how much, & how often. Changing it requires going back to court.

Elisa M Reiter | Aug 15, 2019

Changes to Child Support in Texas

$9200 To calculate child suport, the appropriate percentage will be applied to the first $9200 net monthly resources of the person paying child support (the obligor). The cap to which the percentages apply has increased through the years from $4000 to $6000 to $7500 to $8550, and now, to $9200. How to Caculate? In Texas, we calculate support based on the obligor's income. While unique circumstances arise that can justify a variance from the guidelines, the formula looks like this: 1. Ascertain the obligor's income from all sources, annually, and divide by 12. 2. Assure that in doing so, you have subtracted the required withholding and social security taxes for one person claiming one dependent, the cost of the child(ren)'s dependent health insurance coverage, and any union dues owed by the person paying support. The Texas Office of the Attorney General maintains charts of appropriate deductions. 3. After deducting appropriate amounts, the percentages to apply depend on the number of children before the Court: 1 child = 20% 2 children = 25% 3 children = 30% 4 children = 35% 4. Note that an employer's order to withhold from income for child support can and should be entered concurrently with your applicable order (parentage, divorce, modification). 5. Child support guidelines will vary if the person paying support is obligated to support other minor children who are not before the Court. Texas Family Code Sections 154.125 and 154.129 Texas Family Code Section 154.125 provides in section (a)(1) as follows: (a-1) The dollar amount prescribed by Subsection (a) is adjusted every six years as necessary to reflect inflation.  The Title IV-D agency shall compute the adjusted amount, to take effect beginning September 1 of the year of the adjustment, based on the percentage change in the consumer price index during the 72-month period preceding March 1 of the year of the adjustment, as rounded to the nearest $50 increment.  The Title IV-D agency shall publish the adjusted amount in the Texas Register before September 1 of the year in which the adjustment takes effect.  For purposes of this subsection, “consumer price index” has the meaning assigned by Section 341.201, Finance Code. Section 154.129 sets out guidelines to be applied in multiple family scenarios. There is an offset to the percentage applied to the obligor's net monthly resources, depending on the number of other minor children the obligor supports. Why Deviate From Guidelines? Compelling circumstances may warrant deviating from the guidelines. Do the payor's earnings substantially exceed the proposed cap? Is there a substantial distance between where the parties will be residing? Has the child historically been enrolled in private school? Does the child have demonstrable special needs? Does the child have a special talent? Intentional Unemployment or Underemployment The Court can and shall consider evidence as to whether the payor is intentionally underemployed or unemployed. Calculations and Charts There is a difference in calculating support for a person who is employed versus being self employed. Get help from an experienced family law attorney in ascertaining child support in your case. www.elisareiter.com

Michelle Sue Dauksha | Sep 15, 2018

Am I in Contempt?

The Court Order In order for someone to be found in Contempt there must be a Court Order. In fact "contempt" means that your actions or inactions demonstrated willful disregard for a court order. Any inappropriate or unsavory behavior that is not contrary to a court order cannot be contemptuous by its very definition. So the first step is that a court order must exist. Then the language of the Court Order must be clear enough that a reasonable person should know what it means enough that the terms of the Order can be followed. While that sounds easy enough, sometimes this is harder to ascertain due to bad drafting by a lawyer or by parties representing themselves. This is why it is important to have a good lawyer assist you when you enter into an agreement out of court. If the Agreement is not clear and detailed, it may be totally unenforceable. This means that if the other side breaks the terms the Court may not be able to hold them in contempt and you have not have any recourse at all. Willful Violation If there is a Court Order that is clearly written such that it can be followed and complied with, then the Court will want to know if the alleged contemnor WILLFULLY violated the Order. If the violation is due to something beyond the other side's control, s/he cannot be found in contempt. For example, if the other side is required to pay $2,000/month but fails to do so, that is not enough to find them in contempt. You must show that they have the ability to make these payments from income and/or assets. Note: this paradigm does not apply to a child support obligation. However, if the other side is making zero payments, then the Court will probably find him in contempt for not paying an amount that he is able to pay (that amount being more than zero). Another example that comes up a lot if violations of child visitation. Sometimes, a child has an incredibly strong aversion for spending time with one parent. This may be caused by the custodial parent alienating or marginalizing the visiting parent and/or it could have to do with actions or inactions by the visiting parent. Most judges feel if you can "make" your child go to school everyday then you can make them see the other parent but it is still your obligation to prove that the contemnor (not the child) is at fault for the missed time. Purge and Sanctions What can I get from the Court if I win and she is found in contempt? For starters the other side can be found to be in contempt. While is not much in and of itself, it has tremendous meaning when and if that person comes before the contempt soon thereafter. So if your ex-husband is found in contempt and then one month later he appears for a custody hearing the Court will consider his contemptuous behavior in its custody and access determination since "fitness and character" are relevant factors in a custody determination. Attorney's Fees -- the Court could award you up to 100% of the attorney's fees you paid your attorney for the work done on the contempt issue (but not for other work). While this doesn't make you any money, it is designed to punish the contemnor and thereby dissuade her from non-compliance in the future. Other -- if you were contemptuously denied access time with your child the Court can (and usually does) order make up time for you. In extreme cases the Court may transfer custody, especially after more than one contempt. Incarceration of the contemnor is technically possible but almost unheard of for the first finding of contempt. However, it is rare for someone to be found in contempt three times and avoid jail time even if it is weekend jail

Elisa M Reiter | Jul 26, 2018

What Types of Testing Might You Need to Take by Court Order If ALCOHOL or DRUGS are an Issue?

Ethyl Glucuronide - UA - Verified Through GC-MS Machine Gas chromatography-mass spectrometry (GC-MS) is an analytical method that combines the features of both of these types of analyses. The technology is used in drug detection, fire investigation, environmental analysis and other types of forensic analysis. You might be familiar with the machines as part of the items used by airport security in regard to luggage and human beings. GC-MS is the "last step" in forensic drug analysis, as it is used to perform a SPECIFIC test to identify the presence of a particular substance that is detected from initial broad based testing. SOBERLINK Soberlink provides the most innovative solution for remote alcohol monitoring. Soberlink combines a professional grade Breathalyzer that is wirelessly connected to a cloud-based web portal. The technology uses facial recognition to confirm identity, tamper resistant sensors to ensure integrity of the tests, and automation to create a seamless monitoring solution. In 2016, Soberlink gained FDA 510(k) clearance for medical use and is widely accepted by major treatment facilities and clinical programs across the country. Soberlink has been a trusted alcohol monitoring solution for criminal justice, workplace compliance, addiction treatment, and family law since 2011. Nail Analysis - Hair Follicle Analysis Fingernail drug testing is also considered "cutting edge" for drug and alcohol testing. Fingernails and hair are comprised of keratin. As the nails or hair grow, substances can pass from the blood vessels below the nail or hair, where they can be trapped in keratin fibers. As fingernails are typically thicker than hair follicles, nails can often capture more of a substance than hair can. Biomarkers that become locked in keratin fibers along the length of the nail can be detected 3-6 months after the drug or alcohol use. A clipping of 2-3 mm long (the width of a quarter) are necessary for testing. Bloodscreen Most blood testing is based on indirect biomarkers; i.e., the test is looking at how the body or its organs are functioning. Those markers can be influenced by someone who has been drinking, though results may be out of normal range for other reasons. Direct biomarkers are produced when someone has ingested alcohol or somehow increased their blood alcohol levels. INDIRECT Tests include: CDT - Carbohydrate=Deficient Transferrin (CDT) - The test establishes the percentage of trasnferrin that is carbohydrate deficient. In normal conditions, folds will fall into a range of 0-1.6%. Sometimes the range can go as high as 10%, often perceived to be an indicator of extreme alcohol abuse (or liver disease). LFT - Liver Function Testing -- Measures the biomarker Gamma Glutamyl Transferase. Normal range for men is 10-71iU/L for men. If outside of this range, the result could be an indicator for alcohol abuse. Again, if an individual suffers from liver disease, that can impact the results. MCV- Mean Corpuscular Volume -- part of a full blood count (FBC) and is used to identify recently ingested alcohol. This may indicate alcohol use, but is perceived as the least reliable of the available tests. DIRECT Test: PHOSPHATIDYLETHANOL (PEth) Testing -- PEth is ONLY produced when a person consumes alcohol. The test has a sensitivity rate of over 99%, far exceeding the other blood tests noted above. The PEth test is designed to show if an individual has consumed an excessive amount of alcohol within the past 30 days (3-4 weeks). As PEth is a direct biomarker, age, gender, health or previous alcohol issues DO NOT impact on the results. PEth is becoming the testing choice, over the indirect tests listed above. If an individual's reading is above 35 ug/l this indicates some alcohol consumption has occurred. If the levels are between 35 ug/l and 210 us/l it indicates social drinking.

Justin Thomas Bush | Jul 12, 2018

Child Support Cases in Virginia

Prerequisites to Filing In order to be entitled to child support in Virginia, a person must have at least one biological child with another, and have custody of that child either legally by court order, or practically by having the child the majority of the time. Petition for Child Support In order to have a child support hearing, the parent seeking support must file a petition for child support in the juvenile & domestic relations court for the city or county in which they live. Child support can also be obtained during a divorce, by administrative order, or as part of a protective order. However, the vast majority of child support cases come by petitions filed in juvenile courts. Trial Once the petition has been served on the other parent, a trial takes place. At this trial, the parent seeking the support award must show: (1) that the other person is the father/mother of the child, (2) the gross incomes of the parties, (3) the amount of health, vision, and dental insurance paid by them for the child (only), and (4) the amount of work-related daycare expense paid monthly. If all of these elements are proven, the judge enters an order awarding child support to be paid to the person seeking it. The amount of the award is provided by applying the figures given at trial to the Virginia Uniform Child Support Guidelines. These Guidelines are a simple mathematical calculation. The amount ordered is retroactive to the date that the petition was filed. Child support awards are in effect until a child's 18th birthday, and sometimes longer if certain circumstances are proven.