If an individual has a child with someone, but they are not in a relationship with them, it is important to be aware of the obligations or rights related to child support. It is important to be aware of the legal requirements of the individual and the other parent if an individual is a parent who requires child support or who must pay child support.
The fundamental details regarding child support in Texas are provided by the Texas Attorney General’s Office. There are several changes and updates to child support laws effective September of 2023, including:
- An individual’s inheritance must be used to satisfy back child support;
- Electronic signatures are now allowed to be used on waivers of citation in a Suit Affecting Parent Child
- Relationship;
- Emails are now included in all orders in cases involving children;
- In cases where both the parent and their child receive lump sum Social Security Disability payments and the child’s payment results from the parent’s Social Security Disability, the child’s payment may be used to offset child support or medical expenses owed by the parent;
- Child support arrearages cannot be reduced;
- Paternity suits may continue even if the presumed father, who was identified through DNA testing as not being the biological father, cannot be found; and
- Child support liens are permitted to remain in effect indefinitely.
How Does Child Support Work?
Child support requires one parent to pay the other parent payments, typically monthly, for the benefit of their child or children. The child support laws in every state specify the amount to be paid, depending on the visitation time spent with each parent and each parent’s income and financial situation.
Usually, the parent required to pay child support is the parent who does not have primary physical custody of the child or who sees the child less than fifty percent of the time.
What Makes Child Support Required?
Child support is intended to cover the needs of a child even if they do not reside with both of their parents. It is expensive to raise children, and both parents are required to provide for them financially.
Child support is intended to cover the costs that are associated with raising a child. This may include expenses for:
- Clothing, food, and housing;
- Health care and related expenses;
- Educational costs.
A court may help ensure that a noncustodial parent provides financially for their child by requiring mandatory child support. The parent who is ordered to pay child support is not permitted to avoid making the payments.
The parent who has physical custody is not permitted to decline accepting child support payments mandated by a court.
Who Is Responsible for Child Support?
The noncustodial parent is responsible for child support. Even if one parent earns more money than the other parent, they may still be required to pay child support even if physical custody is split equally.
How Is Child Support Amount Determined?
The formula that is used to determine the amount of child support to be paid in each case varies by state. Based on the unique circumstances of the parent who is making the payments, a court will determine how much support will be paid.
The guidelines typically provide the court with a range, and the court can then order an amount that falls within that range. When determining the final sum, there are certain states that provide a great deal of latitude, while other states have very stringent rules.
When the court is determining the child support obligation amount, there are numerous criteria that must be considered, including:
- The child’s unique requirements, such as:
- Daycare;
- Education needs;
- Healthcare needs;
- Any other special requirements;
- The number of children the paying parent must support;
- Income differences between the custodial parent and the other parent;
- The noncustodial parent’s financial capacity;
- The child’s standard of living prior to the divorce or separation;
- Each parent’s financial;
- This is typically in the form of a financial statement that lists all monthly revenue and expenditures;
- The amount of child support that will be due each month is determined by the court using:
- S child support calculator;
- Income data;
- The time each parent spends with the child under any custody agreements and visitation schedules.
If an individual has any questions regarding the amount of child support they may be required to pay, they should consult with a local Texas lawyer.
Where Do I Find Child Support?
An individual can get child support through the legal system or with the assistance of the Child Support Division of the Texas Attorney General’s Office. When an individual is completing the documents to petition for child support, it may be helpful to have the other parent’s:
- Social security number;
- Date of birth;
- Employment details;
- Financial situation; and
- Current address.
The court uses this information to process the documents that are needed to finalize a child support order and establish the amount of child support that must be paid.
What Happens if I Choose Not to Pay Child Support?
If an individual chooses not to pay child support, they will be subject to several serious legal repercussions if they violate a child support order. They may have the money deducted from their income, tax refund, or lottery winnings at the state’s request.
A lien may also be placed on an individual’s property. An individual may risk losing their hunting, fishing, professional, and driver’s licenses or having their applications for these licenses rejected. An individual may also be required to pay retroactive child support or payments for childcare-related expenses that were incurred before the child support payment order took effect.
Can I Lose My Visitation Rights if I Don’t Pay?
An individual is still entitled to see their child even if they are behind on their child support payments. Because the parent is not being paid for these visits, the other parent is not permitted to restrict them.
An individual may request that the court enforce a visitation order if the other parent is not permitted visitations with the child.
How Do I Avoid Paying Child Support?
If an individual wants to stop paying child support, they will have to make a request with the court and continue making payments until the court orders them to be terminated. Child support terminates in Texas when a child turns 18 or finishes high school, whichever happens first.
Child support payments may also terminate if the child becomes an adult or marries. If the paying parent obtains custody of the child, they are no longer required to pay child support.
If an individual believes they are not the father of the child, they may request a paternity test.
What Other Considerations Affect Child Support?
A court may consider any pertinent information when setting a child support amount. A court may consider bonuses or commissions a paying parent has received when calculating the amount of support they will be required to pay.
The court may also consider other factors, including:
- Taxes;
- Social Security deductions;
- Healthcare costs;
- Union dues;
- Necessary professional license fees; and
- Any other child support obligations the paying parent may have.
A court may also consider the paying parent’s ability to earn. This prevents noncustodial parents from intentionally working less than they should pay less child support.
Any case involving children will be decided based on the child’s best interests.
Where Do I Locate the Best Lawyers?
If you are having any issues with child support, you should consult with a Texas child support attorney. Your lawyer can represent you in court if you need to request, modify, or enforce a child support order, as well as guide you through setting up child support.
If you are paying child support, your lawyer can ensure you are ordered to pay a fair amount and that your rights are protected. If you have experienced a life change and need to modify the payments you are making, your lawyer can help you make that request.
