Austin Child Support Lawyer
When parents separate or divorce, securing a child’s financial stability becomes a central legal obligation. Whether you’re seeking support or being asked to provide it, a knowledgeable child support lawyer can protect your rights and help secure a stable future for your child.
Ben Carrasco is a Stanford-educated and board-certified Austin child support lawyer with a strong record of advocating for parents and children as they navigate the complexities of Texas family law.
From complicated financial disputes to straightforward enforcement actions, he provides strategic representation rooted in a firm knowledge of Texas law and a deep understanding of the emotional and financial stakes involved.
Ben Carrasco, a board-certified Austin divorce lawyer and Stanford Law graduate, brings unparalleled expertise and tenacity to every case. His strategic legal insight and courtroom advocacy have consistently safeguarded clients’ assets, parental rights, and peace of mind during some of life’s most challenging transitions.
Contact The Law Office Of Ben Carrasco, PLLC
We live by our commitment to zealous advocacy and are passionate about your case. Whether you need assistance with a high-conflict divorce or a custody modification, our smart and responsive approach is designed to yield a positive outcome for you. Don’t hesitate to reach out.
Why Hire an Austin Child Support Lawyer?
The legal landscape can be overwhelming, whether you’re seeking support, responding to a claim, or pursuing child support modification. Working with a seasoned Austin child support lawyer ensures your case is handled with the attention and legal sophistication it deserves.
Key Reasons to Hire an Austin Child Support Attorney:
Strategic Advocacy
Crafting arguments that align with your financial profile and statutory guidelines
Effective Courtroom Representation
Presenting a compelling, legally sound case before the judge
Accurate Calculation and Enforcement
Navigating guideline formulas, deviations, and compliance issues
Custom Support Orders
Structuring enforceable terms that reflect the child’s actual needs, not just defaults
Procedural Precision
Avoiding critical missteps that can delay relief or result in adverse rulings
You only get one chance to secure a fair support order—make sure your legal rights and your child’s future are protected.
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Why Choose Ben Carrasco for Your Child Support Case
Ben Carrasco is a Stanford-educated, board-certified Austin family law attorney recognized for his skill in litigating high-conflict, high-stakes child support cases. He brings strategic clarity and legal precision to clients facing the complex intersection of financial, emotional, and custodial challenges.
What Distinguishes Ben Carrasco’s Practice?
Ben has a proven track record in contested hearings, high-income disputes, and enforcement actions. He has a Stanford education and board certification in family law to back him.
Ben adopts a tailored legal strategy for each unique case, grounded in the Texas Family Code and courtroom experience.
Ben is recognized by peers from Texas legal associations and consistently top-rated by clients
Ben takes a direct, client-focused approach, combining transparency with decisive advocacy. He doesn’t over-promise or sugar-coat the truth.
Ben practices law with civility and integrity. He fights hard, but fair to ensure the best outcome for his client and all parties.
With Ben Carrasco, clients don’t just gain legal counsel—they secure a seasoned courtroom advocate who understands how to win when it counts.
Understanding Child Support in Texas
In Texas, both parents are legally obligated to support their child financially. When parents live apart, this duty is typically formalized through a court-ordered child support arrangement under the Texas Family Code.
Texas law recognizes two distinct roles in these proceedings:
- The obligor is the parent ordered to pay child support.
- The obligee is the parent who receives support on the child’s behalf.
Courts apply a “best interest of the child” standard, codified by Texas child support laws and reinforced by case law such as Holley v. Adams. Child support orders are designed to preserve the child’s financial stability, ensuring a consistent standard of living regardless of parental separation or remarriage.
These cases often become contentious, especially when involving high-net-worth individuals, contested conservatorship, or opaque financial records. In such scenarios, the strategic guidance of a board-certified Austin family law lawyer is critical to navigating statutory guidelines, evidentiary burdens, and judicial discretion.
How Child Support Is Calculated in Texas
Texas uses a standardized formula to calculate child support based on the obligor’s (paying parent’s) net monthly income. This includes wages, bonuses, rental income, and other income sources, minus deductions such as:
- Federal income tax
- Social Security taxes
- Union dues
- Health insurance premiums for the child
Once net income is calculated, courts apply a percentage scale:
- 20% for one child
- 25% for two children
- 30% for three children
- 35% for four children
- 40% or more for five or more children
Texas imposes a “cap” on the income considered for support in cases involving high-income parents. However, when justified, the court may deviate from these guidelines, such as when a child has special medical needs, attends private school, or maintains a lifestyle consistent with pre-divorce living standards.
Judges can also consider shared custody arrangements or extended visitation schedules when deciding if deviation from the standard formula is appropriate.
What Child Support Covers
Contrary to common belief, child support isn’t limited to just food and clothing. A comprehensive support order accounts for multiple aspects of a child’s well-being, including:
- Basic needs: Food, clothing, housing, and utilities
- Medical care: Health insurance premiums and out-of-pocket costs
- Education: School supplies, fees, and sometimes private tuition
- Extracurriculars: Sports, music, or enrichment activities
- Special needs: Therapies, equipment, or accommodations for children with disabilities
- Lifestyle continuity: Maintaining consistency in the child’s living conditions
Understanding what support covers can prevent disputes and promote smoother co-parenting. A detailed support agreement, guided by a skilled attorney, helps set clear expectations from the start.
Modifying Child Support Orders
Child support orders aren’t set in stone. Life circumstances change over time, and the Texas Family Code allows for modification of child support when there is a material and substantial change in circumstances.
Common Grounds for Modification Include:
- Significant income change due to job loss, promotion, or demotion
- New medical conditions affecting the child or a parent
- Revisions to the custody or visitation arrangement
- A parent assumes financial responsibility for additional children
- Relocation or shifts in the cost of living
Under Texas law, a support order may also be eligible for review if at least three years have passed since the last order, and the guideline amount differs by $100 or 20%, whichever is greater.
Modifications may be temporary (e.g., due to a short-term hardship) or permanent, but must be court-approved to be enforceable. Informal agreements between parents carry no legal weight. To avoid procedural missteps or enforcement issues, consult a board-certified Austin child support attorney who can assess whether your circumstances meet the legal threshold for modification.
Enforcing Child Support Orders in Texas
Texas courts treat nonpayment of child support as a serious violation of a legal duty. The Texas Family Code provides robust enforcement mechanisms to compel compliance and recover arrears.
Common enforcement tools include:
- Wage garnishment: Income withheld directly from the obligor’s paycheck
- License suspension: Including driver’s, professional, and recreational licenses
- Property liens: Against real estate, vehicles, or other non-exempt assets
- Contempt proceedings: Potentially resulting in fines, probation, or incarceration
For unpaid child support (arrears) courts may enter monetary judgments that include interest under Section 157.265 of the Texas Family Code. The prevailing party in an enforcement action may also recover attorney’s fees and court costs, which are typically mandatory unless the court finds otherwise.
Whether you’re seeking enforcement or defending against it, experienced legal counsel is essential. Turn to an experienced Austin child support lawyer to ensure your rights are preserved and that all procedural requirements are met, reducing the risk of adverse outcomes.
How Long Does Child Support Last in Texas
Under Texas law, child support typically continues until the child:
- Turns 18, or
- Graduates from high school—whichever occurs later, per Texas Family Code § 154.001(a)(1)
However, there are exceptions:
- Disabled adult children: If a child has a proven physical or mental disability and cannot support themselves, courts may order indefinite support under Texas Family Code § 154.302.
- College expenses: Texas child support laws do not require either parent to pay for college. However, parents may contractually agree to share these costs. Such agreements must be clearly outlined in the divorce decree or court order to be enforceable.
It’s important to understand your obligations and rights when it comes to the duration and scope of support.
Common Mistakes to Avoid in Child Support Cases
Many parents unintentionally harm their cases by making simple, avoidable mistakes. Here are some of the most common pitfalls:
- Improper income documentation, especially for self-employed or cash-earning individuals
- Delaying a child support modification request following a job loss, promotion, or financial hardship
- Relying on informal verbal agreements rather than enforceable court orders
- Ignoring a court-ordered support obligation, which can lead to wage garnishment, contempt, or incarceration
- Failing to update the court with changes in address or employment, hindering notice and enforcement
Even well-meaning parents can face legal and financial consequences if they overlook procedural rules. A knowledgeable family lawyer can help you avoid missteps that might delay support or jeopardize your legal standing. Contact the Law Office of Ben Carrasco to consult with an experienced child support lawyer in Austin.
High-Conflict and Complex Child Support Cases
Not all child support cases are straightforward. Many involve high-conflict dynamics, complex financial disclosures, or disputes across state lines. High-conflict or financially complex cases require meticulous legal strategy and a command of both family and financial law.
Examples of complex support scenarios include:
High-Income Earners
exceeding guideline caps under Texas Family Code § 154.125(a)
Self-Employed Individuals
or those with variable or seasonal income
Business Owners
where personal income is commingled with business assets
Multi-jurisdictional Disputes
involving out-of-state parents or UIFSA application
Cases Entangled With Custody Litigation
or parental alienation claims
These situations often necessitate expert testimony, such as forensic accountants or business valuation professionals, to accurately assess income. Courts may also impute income where a parent is voluntarily underemployed or attempting to conceal assets.
Ben Carrasco is connected to a robust network of expert witnesses and other professionals who can provide valuable insight and testimony in complex child support cases. His firm routinely handles matters involving six- and seven-figure incomes, aggressive litigation tactics, and complex custody overlays.
Having a skilled litigator in your corner can make all the difference in these emotionally charged scenarios. Contact the Law Office of Ben Carrasco to speak with an Austin child support attorney today.
Frequently Asked Questions
Who is responsible for paying child support in Texas?
Generally, the non-custodial parent—legally referred to as the obligor—is ordered to pay child support to the custodial parent—or obligee—to contribute toward the child’s day-to-day living expenses.
When is child support required?
Support is mandatory whenever parents are separated and one parent has primary custody, regardless of whether the parents were ever married, as outlined in the Texas Family Code § 154.001.
Can child support be modified after a divorce?
Yes. A support order may be modified if there is a material and substantial change in circumstances, or if it’s been three years since the last order and the new calculation would differ by $100 or 20%, per Texas Family Code § 156.401.
What happens if the obligor fails to pay child support?
Texas courts aggressively enforce child support payments. If an obligor fails to pay child support, consequences can include wage garnishment, license suspension, property liens, and contempt proceedings, which can result in jail time in extreme cases. Recovery of arrears (unpaid child support) may also include interest and attorney’s fees.
Is legal representation necessary for modifying support?
While self-representation is legally permissible, retaining a board-certified family law attorney significantly increases the likelihood of a successful outcome and helps ensure procedural compliance, especially in contested or complex cases.
Schedule a Consultation with an Experienced Austin Child Support Lawyer
If you’re navigating child support issues in Texas, don’t leave your rights—or your child’s future—to chance. Ben Carrasco offers legal guidance backed by years of experience, courtroom skill, and a client-first approach.
Schedule a confidential consultation to discuss your situation and receive a customized legal strategy tailored to your needs.
Contact the Law Office of Ben Carrasco to speak with a trusted Austin child support attorney and take the first step toward resolution.
Schedule Your Consultation Today
Secure your future with confidence. Contact the Law Office of Ben Carrasco to schedule your confidential divorce consultation with the divorce attorney Austin trusts most.