Navigation Child Support and Child Custody in El Paso: A Conversation with Abbie Laine

Описание: Child support is often one of the most stressful and misunderstood aspects of a family law case. In a recent podcast episode, Abbie Laine, founding attorney of Laine Law Firm, PLLC, sat down to demystify the intricacies of the Texas child support system and how it specifically impacts families in the El Paso border community.

The Basics: Who Pays and How Much?

In Texas, child support is determined by which parent the court designates as the primary or custodial parent. The other parent, known as the obligor, is responsible for monthly payments.

The standard percentages for calculation are:

1 Child: 20% of net resources
2 Children: 25% of net resources
3 Children: 30% of net resources
Abbie highlighted a critical 2026 update: the income cap for these calculations has increased to $11,700 per month in net resources. For high-income earners in El Paso, this means their obligation could be significantly higher than in previous years.

The Border City Challenge: Cash Trades and Undocumented Workers

El Paso’s unique status as a border city brings specific challenges, particularly when parents work in the "cash trade." Abbie explained that enforcing support in these cases is more complex but not impossible. Her firm utilizes tax returns, bank statements, and lifestyle audits to prove income. Furthermore, if a parent refuses to work, the court may find them "intentionally underemployed," presuming an income of at least minimum wage for support calculations.

The Trap of Direct Payments

One of the most valuable warnings Abbie shared involves the method of payment. Many parents mistakenly believe that paying via Cash App, Venmo, or physical cash is sufficient because it leaves a digital trail.

However, without an official record through the Attorney General’s Child Support Division, a parent can deny receiving the funds, leading to costly enforcement actions. Abbie strongly advises all parents to pay through the local Attorney General's office—such as the location on Hawkins Blvd—to ensure every cent is tracked and credited.

Consequences of Non-Payment: It Never Goes Away

Unlike standard consumer debt, child support is a legal obligation that cannot be discharged. If you fall behind, you face severe consequences, including:

Jail Time: Since it isn't considered "debt" by the Texas legislature, you can be incarcerated for non-payment.
Life-Long Accrual: Support debt never expires. It continues to accrue interest and can even be collected from your estate after death.
When Life Changes: The Need for Modification

If you lose your job, Abbie’s advice is clear: file for a modification immediately. You cannot retroactively reduce your debt; the obligation only changes once a new court order is signed. Generally, you can request a modification every three years, though a "material and substantial change" in income or circumstances can allow for a review much sooner.

Beyond the Check: Medical Support and 50/50 Custody

Child support often includes an "umbrella" of medical support, covering expenses like health insurance and even braces. Even in 50/50 custody arrangements, a parent making significantly more may still be ordered to pay "offset" support to ensure the child enjoys a consistent standard of living in both homes.

Protect Your Family’s Future

Whether you need an uncontested divorce or a fierce child custody attorney, understanding the "whole picture"—including conservatorship and visitation—is essential before you file.
Laine Law Firm, PLLC
Phone: 915-200-4316
Website: https://lainelawfirm.com
Location: 700 North Stanton St., El Paso, TX 79902