Family Lawyer Helping the DFW Area With Family Law Matters
The Foust Firm, PC understands that when you need a family lawyer, it’s important to work with someone you can trust. If you are in the Dallas-Fort Worth area, The Foust Firm, PC is available to be that lawyer for you. Our experience in Family Law covers a broad spectrum of legal issues ranging from pre-nuptial agreements to resolving complex property settlements and child custody disputes stemming from divorce. We can assist you with all of these issues and help you achieve your goals for your family.
About Child Support Modification & Tax Returns
Our firm often receives questions regarding these two topics relating to family law. Child support is most commonly calculated by a court using the Obligor’s tax return. As a family lawyer with ample experience in divorce proceedings and child support modifications, we can help represent your interests and fight for the modification you may be entitled to.
Contact our office if you have questions about whether or not you meet the requirements set out below for a child support modification.
Your child support order may be modified if:
- It has been three or more years since the order was established or last modified and the monthly amount of the child support ordered differs by either 20 percent or $100 from the amount that would be awarded according to child support guidelines; or
- A material and substantial change in circumstances has occurred since the child support order was last set.
TEX. FAM. CODE ANN. §156.401 (Vernon 2009).
Note: The amount of child support you are ordered to pay can only be changed by obtaining a new court order. Informal agreements between parents do not change the child support court ordered amount.
How Child Support Is Determined
The court calculates net resources for the purpose of determining child support. TEX. FAM. CODE ANN. § 154.062 (Vernon 2009). The most common place for identifying the Obligor’s (person paying child support) employment income is from a tax return – Form 1040, Line 7, which reports the Obligor’s wages, salaries, tips, etc. The amount reported in Line 7 is the gross amount of income, often reported directly from the Obligor’s W-2.
The Obligee (the person receiving child support payments) should not rely solely on Line 7 as the conclusive proof of gross resources. Line 7 will not include “income” such as deferred compensation – i.e. 401k contributions. An Obligor’s actual income for purposes of determining net resources is often times buried in the schedules to the tax return. It might take some digging and investigation to fully understand (or uncover) where income for purposes of determining net resources is found in a complicated tax return. At the minimum, in a divorce or modification proceeding, the Obligor’s complete tax returns should be reviewed.
Contact Us for a Free Legal Consultation Today
The Foust Firm, PC is well-familiar with family law in the Dallas-Fort Worth area, and we would be glad to serve as your trusted family lawyer. We offer free consultations at your convenience. Call us today at (817) 912-0722 or submit the contact form and we will respond within the next business day or sooner.