Coffman Family Law

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Oct 18 2016

Who makes decisions regarding your child’s education?

image of a child coloring with crayons to depict a child's educationIn Texas, a suit for custody requires a court to allocate certain rights and duties between parents, including the right to make decisions regarding the child’s education. This can be a contentious issue, particularly when a child has special needs.

Generally, there are three ways a court will allocate this right: exclusively, independently, or  subject to agreement.

Issues arise with all three.

Independent

For instance, the independent right to make decisions about the child’s education will only work as long as the parents agree. If a disagreement arises, the parents will likely find themselves back in court because the school will have conflicting positions.

Agreement

A court’s decision to allocate this right by agreement only sounds good and may work very well; however, again, parents are likely to find themselves back in court should a disagreement arise. “Tie-breakers” can be a useful tool in this situation to prevent further litigation, but be weary of “tie-breakers” that require school involvement. For example, if mom and dad cannot agree on an educational decision, then they will follow the recommendations of the school counselor. School officials are unlikely to get involved and, therefore, this type of arrangement could ultimately lead the parties back to the courthouse.

Exclusive

Finally, awarding the right to make decisions regarding the child’s education to one parent exclusively can lead to a “power struggle” where one parent feels left out while the other parent holds his or her exclusive right over the other’s head. This arrangement does not encourage cooperation and co-parenting and, consequently, can result in a greater likelihood that the parties will find themselves back in court.

Should you find yourself in this situation, it is important to work closely with your lawyer to develop a creative solution to the problem – hopefully one that will encourage co-parenting and reduce the possibility of future litigation.

Remember, ultimately, the standard for who makes the educational decisions and how is based on the best interest of the child.

Mar 07 2015

Calculating “net resources” for child support purposes

piggy bank symbolizing child support costsHow is child support calculated?

One of the most frequently asked questions in the family law context concerns the calculation of child support. To calculate child support in Texas, the law provides a three-step process:

1. Determine “net resources”
2. Apply the child support guidelines to the “net resources” to determine the amount of support
3. Consider any other factors that might justify deviating from the guidelines and adjust the support as appropriate

Net Resources

The focus of this blog post will be on the calculation of “net resources,” which is often the most confusing issue among the three steps listed above. So, how does one calculate “net resources?”  

To arrive at “net resources,” the starting point is a determination of all income earned on an annual basis (“gross income”). This amount includes: wage and salary income, self-employment income, severance pay, retirement pay, social security benefits, unemployment benefits, disability and workers’ compensation benefits, alimony, child support, net rental income, interest income, capital gains, trust distributions, annuity income, gifts, prizes and all other sources of income.

Next, the court will subtract certain items. The most common deductions include federal income taxes, social security taxes, and the cost of the child’s health insurance, i.e., his/her premiums. It is important to note that the figure used for federal income taxes is not always the exact amount paid, but rather, the rate for a single person claiming one personal deduction, as well as the standard deduction.

After taking the appropriate deductions, divide by 12 to arrive at the “monthly net resources.” This completes step one of the process of calculating child support.

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