Payments for child support in Texas, just like in other states, can be significant. Because of this, many individuals hope to discontinue or drop them as soon as possible.
Even though individuals may assume these payments terminate automatically when certain conditions are met, they actually may not. Child support payments typically terminate when one of the following events occur when the child:
- Gets married
- Reaches the age of majority
- Passes away
- Leaves for undergraduate studies
There are, however, situations in which child support payments continue after the child reaches the age of majority, for example, if they are disabled. In the State of Texas, the paying parent must pay child support until one of the following:
- The child graduates high school or turns 18, whichever occurs later
- A child can be emancipated before 18 if they:
- Get married
- Join the United States military
- Petitions a court to be free of parental control
- The child is emancipated through:
- Marriage
- Removal of disability
- Court order
- Other operations of law
- The child passes away
If the child becomes emancipated, it means they can manage their own affairs and are self-supporting; the paying parent can terminate their child support payments. If an individual’s child has met any of these requirements, they should consult with a local attorney in Texas to stop child support.
It is important to be aware that an individual cannot simply stop paying, but they must first petition a court.
When Is Child Support Ordered?
If parents in Texas divorce or separate, a court will order them to fulfill their legal obligation by making child support payments, usually monthly, for their minor child. These payments are made to provide for basic needs, including housing, clothing, and food.
In general, each state has its own child support guidelines that provide a formula and framework for calculating child support. Usually, it is based on the annual gross income of each parent.
There are several issues that are examined by a court before issuing child support payment orders. It is important to be aware that these payments are not intended for the receiving parent or custodial parent to use to cover their own expenses.
A custodial parent is the one with whom the child resides most of the time. The non-custodial parent is the one who does not reside with the child.
In certain cases, retroactive child support may be ordered if the non-custodial parent has not paid child support before. If an individual has a legal reason to terminate their child support payments, they should consult with an attorney to file a petition.
The court will make a decision based on the best interests of the child and whether the continuation of child support payments is necessary.
How Is a Child Support Award Enforced?
If a court issues a child support order, it will be legally binding on the parents to complete the child support payments. In other words, the child support order is legally enforceable.
If the paying parent refuses to pay, an individual can contact a local family support lawyer to help enforce the court-ordered child support from the child’s other parent. If the paying parent does not make payments even after notices and warnings, if they still do not make payments, they may face serious consequences, including:
- Suspension of a business license
- Seizure of property
- Imprisonment
Child support orders can also be enforced by different states if the paying parent moves out of state. The Uniform Interstate Family Support Act (UIFSA) outlines the options that parents have when they are trying to enforce child support payments in different states.
How Can I Avoid a Child Support Increase?
Child support may be increased upon proof of certain substantial changes in circumstances. The receiving or paying parent can request a modification of child support based on these issues.
Examples of changes in circumstances that may cause a child support increase include:
- Changes in income: If the parent who is obligated to pay support has had an income change due to:
- a new job
- reduced working hours
- other reasons
- Generally, if the child support order would change by 20% or $50, whichever is less, then a modification may be requested;
- Custody or visitation changes: If there have been significant changes in the terms of child custody or visitation.
- This may apply if primary custody has changed or the parent who is obligated to make support payments has been awarded greater custody.
- Family size changes: If the size of the family has changed for the parent who is obligated to provide support payments.
- Medical emergencies or unexpected needs: If the child that is the subject of the support order or either parent faces an unexpected change in needs, such as a medical emergency.
- Deployment or incarceration: Deployment in the military or incarceration of the parent who is obligated to make support.
Once these factors are examined, the court may modify the current order to reflect the change in circumstances. The order will have to be issued by a court.
A written or verbal agreement between the parents is not legally sufficient. An individual can avoid having their child support payments increased unfairly.
To do this, it is important to reach out to a local attorney for options. In addition, a court will allow modification requests, but the parent who initiates the process will be required to provide a valid reason for the modification.
The court will also use the child’s best interests standard to determine the amount of the child support payments. This will include a review of factors, such as:
- The child’s well-being
- Their physical state
- Mental state
- Religious or cultural preferences.
How Can I Stop Paying Child Support?
A parent cannot agree to waive child support payments, even by agreement. In order to stop paying child support, the paying parent will have to demonstrate that there has been a material change in circumstances since the child support order was ordered.
For example, if the parent obligated to pay child support gains primary custody of the child, they can petition the court to terminate support payments. There are also other reasons to close a child support case, such as those discussed above.
Do Child Support Payments End Automatically?
In the State of Texas, child support payments do not end automatically. As discussed above, child support may end based on:
- Emancipation: If the child becomes emancipated before turning 18, such as by getting married, joining the military, or becoming self-supporting;
- Court order: A court can issue an order to stop child support upon the filing of a motion to terminate child support based on specific circumstances;
- Death: If the child or the parent obligated to pay support passes away, the child support obligations will terminate.
How to Get Child Support Arrears Dismissed
Child support arrears are unpaid child support amounts owed to the custodial parent. The receiving parent may seek assistance from law enforcement or governmental agencies to help them collect child support.
Every state has government agencies of law enforcement departments that enforce child support orders and help collect past-due support. A local attorney can provide assistance with filing a motion to dismiss child support arrears as well as assist with other related matters involving child support.
There are some situations in which the paying parent is behind on their payments based on reasons such as loss of employment. In certain cases, the court may waive a portion of or the entirety of the back child support that is owed.
Do I Need a Lawyer for Help with Terminating Child Support?
If you want to know whether you are eligible to terminate your child support payments, you should consult with a Texas child support lawyer. If you are eligible, your lawyer will file a petition in the proper court to terminate your payments.
The court may hold a hearing so the parties can present proof that the required event occurred. Your lawyer will present the evidence on your behalf during the child support hearing.
It is important to continue making the required payments until the court issues an order to terminate your child support obligations. Your lawyer can also help you if you are having issues making or receiving your child support payments.
