What is Child Support?
The non-custodial parent, or the parent who has less actual physical possession of the child, is generally required to pay money to the "primary" custodial parent. The money or "child support" is intended to be used for the benefit of the child. Child support may also be in the form of maintaining health insurance on the children.
How is the Child Support amount determined?
In Texas, child support is determined by guidelines and formulas set forth in the Texas Family Code. The guidelines and formula are specifically designed to apply to situations in which the obligor's monthly net resources total $6,000.00 or less. Assuming the Obligor has no children from other relationships, the percentages are as follows:
- 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 a child or children from another parent, the above percentages will likely be reduced based upon the number of children outside the considered relationship.
How long is child support paid?
Under the Texas Family Code, child support is required until the child turns eighteen or until the end of the school year in which the child graduates from high school, whichever is later. However, if a child is mentally and/or physically impaired to where the child requires continuous care, support may be ordered to be paid long after the child turns 18. A child support will also end if the child is emancipated or gets married.
Does it matter how much the primary parent makes when determining the amount of child support?
No. Courts will almost never take into account the primary parent's income in determining what the other parent's child support obligation should be.
Does it matter how much the non-custodial parent's spouse makes when determining the amount of child support?
Generally...no. Courts will not consider what a non-custodial parent's spouse makes, unless it allows the non-custodial spouse to make less than what he or she should be.
How is child support paid to the custodial parent?
The Texas Family Code generally requires that, if the party ordered to pay child support is an employee, that the child support be withheld from his wages by his or her employer. Child support is usually paid through the county agency charged with recording child support payments. The agency keeps a record of all payments received and forwards the payment to the child support recipient.
When may I modify my child support?
Either party my file a petition to modify child support. Under the Family Code, child support may be modified when there has been a significant change in circumstances. The support obligation may also be changed when the non-custodial parent's income has changed significantly (increased or decreased) such that the child support would be increased or decreased by 20% or $100.00, whichever is greater.
What do I do if the non-custodial parent does not pay his or her child support as ordered by the Court?
If you are the party entitled to receive the child support (called the "Obligee"), you can bring an enforcement action against the party ordered to pay the child support (the "Obligor"). In an enforcement action, you may request that the Court find that the Obligor is in contempt and to order the Obligor to go to jail or place the Obligor on probation. You may wish to hire an attorney or call the Office of the Attorney General to file the enforcement. Unfortunately, if you hire a qualified private attorney, you generally have to advance the attorney's fees, but your case will be handled quickly and with individual care. On the other hand, applying to the Attorney General's office for help will likely relieve you of having to advance attorney's fee, but you do not have the individual attention of a qualified attorney sworn to representing you and your case could take a very, very long time to be reached.
Contact the qualified attorneys of Julian, Crowder & Shuster to discuss your individual case involving child support.
