| TEXAS
CHILD SUPPORT ISSUES
CHILD SUPPORT
The Texas Family Code contains guidelines for the
computation of child support. The guidelines are specifically
designed to apply to situations in which the obligor's
monthly net resources are $6,000.00 or less. In such
cases, the court presumptively applies the following
schedule:
1 child
|
20% of Obligor's
Net Resources |
| 2 children |
25% of Obligor's Net Resources |
| 3 children |
30% of Obligor's Net Resources |
| 4 children |
35% of Obligor's Net Resources |
| 5 children |
40% of Obligor's Net Resources |
| 6 or more children |
Not less than 40% |
If the Obligor has children from another relationship(s),
the percentages listed above may be reduced.
If the obligor's net resources exceed $6,000.00 per
month, the Court shall presumptively apply the above
percentages to the first $6,000.00 of net resources.
Without further reference to the percentage, the court
may order additional amounts of child support. The
court may not order the obligor to pay more child support
than the presumptive amount (as calculated by multiplying
the above applicable percentage times $6,000.00) or
an amount equal to 100% of the proven needs of the
child, whichever is greater.
Net resources is defined very broadly, and income
can also be imputed to a party.
In addition to monthly child support payments, the
payor is required to maintain the children on the payor's
employment health insurance policy. If insurance is
not available through the payor's employment, but is
available through the payee's employment, the payor
will be ordered to pay the premium costs. If insurance
is not available through either parties' employment,
the payor will be ordered to provide insurance coverage
to the extent available and affordable. Additionally,
the Court usually makes orders regarding the payment
of deductibles and other uninsured expenses. All Orders
dealing with child support must now be accompanied
by an Order of Withholding. Medical Support Orders
are now commonplace. The Withholding order, after presented
to the payor's employer, has the Court-ordered child
support deducted directly from the payor's paychecks.
Absent marriage or other acts which would emancipate
the child, child support orders continue until the
child reaches age 18. If the child is in high school
at age 18, support continues until high school graduation.
If the child is disabled, it may be possible to continue
child support for an indefinite period. Texas law makes
no provision for support during college, or the payment
of college expenses. However, this can be done by a
contract between the parties if an agreement can be
reached on this issue.
MODIFICATION OF CHILD SUPPORT AND CONSERVATORSHIP
All orders concerning the children are modifiable
in the future. Either parent can petition the Court
to change conservatorship, periods of possession, or
child support at any time until the child is emancipated.
The burden of proof are different in each case, and
sometimes are very onerous. You should not enter into
an agreement based on the assumption that it can always
be modified later. You also should not enter into an
agreement that you will pay no or a minimal amount
of child support based on the assumption that a request
for full child support will not be made later.
CAUTION: Informal agreements between the parties are
not binding on the Court. If you rely on the agreement
of your former spouse that you can pay a lesser amount
of child support, you are likely to find yourself in
contempt of court, as you have violated the Court's
Order. If your former spouse agrees to give you primary
possession of the children, and then demands return
of the children several days later, you have no enforceable
right to retain possession. If such agreements are
reached, contact an attorney to have them reduced to
the form of a court order.
ENFORCEMENT OF CHILD SUPPORT AND CONSERVATORSHIP
Orders relating to support and conservatorship of
the children are enforceable by the Court. Sanctions
for non-payment of child support or failure to comply
with periods of possession include imprisonment.
CAUTION: Please remember that the duty to pay child
support and the right to periods of possession with
the child are independent concepts. If your spouse
or former spouse does not allow you to see the children,
you cannot refuse to pay child support. If your spouse
or former spouse is not paying child support, you cannot
refuse visitation rights with the children. Your remedy
is to seek enforcement of the court order. If you violate
the court order, your spouse can file an enforcement
action against you. If you do not pay child support,
the Court can order jail time, garnishment of wages,
and other onerous punishments. If you refuse visitation,
there are civil and criminal remedies available to
the other parent. Additionally, the child's parent
could seek modification of the conservatorship arrangement
to decrease your rights.
In most places, the Court orders that the child support
be paid to a Child support Collection agency, who processed
payments received and then forwards the payments on
to the recipient of the payments. This is the case
even with Orders of Withholding. Some agencies will
not take personal checks. Be sure to know what the
Judge of your court requires before presenting papers
to finalize your case, as having the wrong agency or
wrong payment method is a sure way to have the court
NOT approve the papers and NOT sign the papers ending
the case.
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