Discover the Details of Child Support in Texas
Child support is court ordered payments that pay for a child’s financial and medical support. Typically the court will order the parent that does not have the right to designate the primary residence of the child to make support payments. For example, if the mother has the right to determine the child’s primary residency, then the father would make payments to the mother for the child. Both parents may be designated to compensate for child rearing expenses.
A suit for child support can be brought independently or simultaneously with a divorce suit, child custody suit, or suit to adjudicate parentage. The most common legal vehicle used to obtain child support payments is through a Suit Affecting the Parent-Child Relationship (SAPCR). A SAPCR must be filed in conjunction with a divorce if there are children born of the marriage.
Child support payments may also be available via temporary orders from a court. Temporary orders are commonly used to provide child and spousal support during the divorce waiting period. Temporary orders are in effect until finals orders have been approved by the court.
The amount of a child support payment is determined by the child support guidelines set out in the Texas Family Code. The guidelines must be applied to the paying parent’s total net resources. However, a court may deviate from the guidelines by increasing or decreasing the payment amount based on the best interest of the child. For example, if the child’s needs are greater than the amount calculated under the guidelines, the court may adjust the payment to satisfy the child’s needs. There are many factors the court is allowed to consider to deviate from the child support guidelines. It is important to thoroughly assess the needs of your child to make sure they are provided for in the prospective future. Texas courts have become increasingly more flexible in awarding child support to insure the child’s needs are taken care of.
Once child support payments have been ordered by the court, the parent instructed to make payments must do so in accordance with the court order or could result in contempt charges. Failure to make payments will result in arrears and can be punished by jail time. The parent ordered to make support payments may have their income from their employer withheld to satisfy the payments each month.
For more information about Texas child support, speak to a lawyer at our office.