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You are here: Home / Archives for child support

January 24, 2014 by Aaron Tress

Attorney’s Fees in Child Support Cases


In Tucker v. Thomas, 12-0183, 2013 WL 6509931 (Tex. Dec. 13, 2013), the Texas Supreme Court settled a disagreement among appellate courts as to whether attorney’s fees could be awarded as additional child support in non-enforcement modification suits. The majority of appellate courts that addressed this issue held that a trial court could not order a parent to pay attorney’s fees as additional child support in non-enforcement modification suits.

Here, the Supreme Court sided with the majority of appellate courts. The Court reasoned that trial courts have no inherent authority to characterize attorney’s fees as additional child support without express statutory authorization. §157.167(a) does authorize trial courts to characterize attorney’s fees as additional child support in enforcement modification suits. §157.167(a) (providing that an award of attorney’s fees may be enforced by the same means available for the enforcement of child support). On the other hand, the section addressing attorney’s fees in non-enforcement modification suits, §106.002, does not authorize trial courts to characterize attorney’s fees in this way. Rather, §106.002 only permits attorneys to collect fees through the “means available for the enforcement of a judgment for debt.” Thus, the Court concluded that the Legislature did not give trial courts this power.

Filed Under: Children Tagged With: Attorney's fees, child support, non-enforcement modification suit, Texas Supreme Court, Tucker v. Thomas

August 1, 2011 by Bill McNamara

Child Support

Child support in Texas is often determined by a simple formula where a percentage of income is paid depending on the number of children before the court and the number of children a parent must support. When all of a parent’s children are before the court, the percentages of income paid out as child support increase as follows.

  • One child – 20 percent
  • Two children – 25 percent
  • Three children – 30 percent
  • Four children – 35 percent
  • Five children – 40 percent

These percentages will be applied to the first $7500 of the obligor’s (parent who must pay child support) net monthly resources.  Net monthly resources are determined by averaging gross monthly income and deducting standard amounts as prescribed in the Texas Family Code. The final amount is usually referred to as “guidelines child support” and that amount is presumed to be in the best interest of the child; however, sometimes guidelines support is too much or to little based on the child’s and the parent’s circumstances.

When guidelines support is inappropriate, or when a parent is hiding money, you need an experienced attorney.  As a board certified family law attorney, I have the discovery and trial experience needed to track down hidden sources of income and bring them before the court.  Don’t get stuck with an unbearable child support burden.  Don’t let your children go without because their parent is not paying as much as they should.  Call me today for a consultation.

Filed Under: Children, Divorce Tagged With: child support, divorce, family law, Threaded Comments

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