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Texas Child Support

Texas Child Support

Texas Child Support: An Overview

Child support is a crucial aspect of providing for a child’s basic needs, including food, clothing, shelter, and healthcare. According to the U.S. Census Bureau, about 13.6 million parents had custody of 21.8 million children under the age of 21 in 2017. In Texas, child support is administered by the Office of the Attorney General (OAG) Child Support Division. The division provides services to both custodial and noncustodial parents, including establishing paternity, locating absent parents, and enforcing child support orders. In this article, we’ll provide an overview of Texas child support laws and guidelines, including how child support is calculated, modified, collected, and enforced.

How is Child Support Calculated in Texas?

Texas child support guidelines are based on the Income Shares Model, which takes into account the income of both parents and the number of children involved. According to the Texas Family Code, the court considers the net resources of the obligor (the parent who pays child support) and the following factors when determining the amount of child support to be paid:

– The financial resources available for the child’s support
– The child’s needs
– The standard of living the child would have enjoyed if the parents had married and stayed together
– The obligee’s (the parent who receives child support) net resources and earnings potential
– The obligor’s net resources, including any overtime pay, bonuses, or commissions
– The amount of time the obligor has possession of or access to the child.

Texas has a child support schedule that calculates the percentage of the obligor’s net resources to be paid based on the number of children involved. As of September 2019, the percentages are:

– 20% for one child
– 25% for two children
– 30% for three children
– 35% for four children
– 40% for five children
– At least 40% for six or more children.

These guidelines are considered presumptive, meaning that the court can deviate from them if appropriate. For instance, if the obligor’s net resources exceed $9,200 per month, the court may order additional support based on the child’s proven needs.

Can Child Support Orders be Modified?

Child support orders in Texas can be modified under certain circumstances, such as a significant change in the obligor’s income, a change in the child’s needs, or a change in the amount of time the obligor has possession of or access to the child. To request a modification, the party requesting the change must file a modification petition with the court and provide evidence of the change in circumstances.

If the obligor’s income has increased since the original order was entered, the obligee may request a modification based on the increased income. However, if the obligor voluntarily reduces his or her income, the court may still order child support based on the obligor’s earning potential.

Can Parents Agree on a Different Amount of Child Support?

Parents can agree to a different amount of child support than what is set forth in the guidelines. However, the court may reject the agreement if it determines that the agreed-upon amount is not in the child’s best interest. The Texas Family Code also prohibits parents from using child support as a bargaining chip to exchange for parenting time or other matters.

How is Child Support Collected and Disbursed in Texas?

The OAG Child Support Division is responsible for collecting and disbursing child support payments in Texas. Once a child support order is established, the OAG enters the order into the state’s Child Support Enforcement System. The system tracks the obligor’s payments and ensures that the obligee receives the full amount of support owed.

Payment Options

In Texas, there are several ways for obligors to make child support payments, including:

– Withholding from the obligor’s paycheck
– Electronic funds transfer
– Payment by mail
– Payment by phone or via the internet using a credit or debit card.

The OAG encourages obligors to make payments electronically, as it is the fastest, most secure, and efficient method of payment.

Consequences of Non-Payment

Failure to pay child support can result in serious legal consequences for the obligor. The OAG has several enforcement tools at its disposal to ensure that child support is paid, including:

– Wage withholding
– Interception of federal and state tax refunds
– Suspension of the obligor’s driver’s license or professional licenses
– Placement of a lien on property or assets
– Reporting delinquent child support to credit bureaus
– Filing a contempt of court action.

The OAG also has the authority to arrest an obligor who fails to comply with a court order to pay child support.

Special Circumstances

There are special circumstances in which child support orders may be modified or suspended. For instance, if the obligor is serving in the military, he or she may be entitled to a modification of the child support order based on the military pay and allowances received. Likewise, if the obligor becomes disabled and unable to work, he or she may be eligible for a modification based on the disability.

Conclusion

Child support is a crucial aspect of providing for a child’s basic needs, and it is essential that both parents fulfill their financial responsibilities. The Texas Child Support Division provides services to both custodial and noncustodial parents to ensure that child support orders are established, modified, collected, and disbursed according to the guidelines set forth by the Texas Family Code. Failure to pay child support can result in serious legal consequences, and it is in the best interest of both parents to comply with court orders and keep the child’s needs and well-being at the forefront of any decisions made regarding child support.


What is Child Support?

•    In the scope of family Texas law and government policy, child support constitutes the ongoing practice for a periodic payment, delivered directly by the paying party (obligor) to a receiving party (oblige) for the financial support of children in a relationship or marriage that has been dissolved.

•    Each state possesses unique intricacies attached to the delivery and construction of a child support payment plan.

•    Typically, the individual paying the child-support is a non-custodial parent and the party receiving the funds is a custodial parent, guardian, or government agency. When a marriage or relationship that involves a child is terminated, both parties must come together to legally resolve custody issues and in some cases, the delivery of child-support. The court system of the particular jurisdiction in which the parents reside, will order one parent to pay the other an established amount for the financial support of their child.

What are Texas Child Support Laws?

•    Texas Child Support laws will evaluate a few factors in regards to the amount of support owed. The obligor’s monthly Net Income, the custodial parent’s monthly Net Income, the amount of children in the case, and the percentage of time the children are under each parent’s control are the predominant factors associated with child support laws and subsequent calculations in Texas.

•    A Texas Child Support case will evaluate the costs of caring for the child, but will not include such factors as the obligor’s rent or mortgage and will not include any unnecessary expenses into the child support calculation. Unnecessary expenditures include discretionary extra circular expenses, such as dance lessons or sporting equipment, into the child support calculation.

•    All Texas child support cases are administered through a local family court—typically the family court of the jurisdiction in which the individual’s reside will be the location of their child support hearing.

•    A failure to satisfy Texas child support will result in wage garnishment. The obligor’s employer will be notified, and a coordinating portion of the obligor’s salary will be delivered to the Texas Family Division. The state agency will then transfer the child support payments to the custodial parent.