Texas Child Support Issues

• CHILD SUPPORT
• MODIFICATION OF CHILD SUPPORT AND CONSERVATORSHIP
• ENFORCEMENT OF CHILD SUPPORT AND CONSERVATORSHIP
• NAME CHANGE

The Texas Family Code contains guidelines for the computation of child support. The guidelines are specifically designed to apply to situations in which the obligor's monthly net resouces are $6,000.00 or less. In such cases, the court presumptively aplies the following schedule:

If the obligor's net resources exceed $6,000.00 per month, the Court shall presumptively apply the above percentages to the first $6,000.00 of net resources. Without further reference to the percentage, the court may order additional amounts of child support. The court may not order the obligor to pay more child support than the presumptive amount (as calculated by multiplying the above applicable percentage times $6,000.00) or an amount equal to 100% of the proven needs of the child, whichever is greater.

In addition to monthly child support payments, the payor is required to maintain the children on the payor's employment health insurance policy. If insurance is not available through the payor's employment, but is available through the payee's employment, the payor will be ordered to pay the premium costs. If insurance is not available through either parties' employment, the payor will be ordered to provide insurance coverage to the extent available and affordable. Additionally, the Court usually makes orders regarding the payment of deductibles and other uninsured expenses.

Absent marriage or other acts which would emancipate the child, child support orders continue until the child reaches age 18. If the child is in high school at age 18, support continues until high school graduation. If the child is disabled, it may be possible to continue child support for an indefinite period. Texas law makes no provision for support during college, or the payment of college expenses. However, this can be done by a contract between the parties if an agreement can be reached on this issue.

All orders concerning the children are modifiable in the future. Either parent can petition the Court to change conservatorship, periods of possession, or child support at any time until the child is emancipated. The burden of proof are different in each case, and sometimes are very onerous. You should not enter into an agreement based on the assumption that it can always be modified later.

Caution: Informal agreements between the parties are not binding on the Court. If your former spouse agrees to give you primary possession of the children, and then demands return of the children several days later, you have no enforceable right to retain possession. If you rely on the agreement of your former spouse that you can pay a lesser amount of child support, you are likely to find yourself in contempt of court. If agreements are reached, contact an attorney to have them reduced to the form of a court order.

Orders relating to support and conservatorship of the children are enforceable by the Court. Sanctions for non-payment of child support or failure to comply with periods of possession include imprisonment.

Caution: Please remember that the duty to pay child support and the right to periods of possession with the child are independent concepts. If your spouse or former spouse does not allow you to see the children, you cannot refuse to pay child support. If your spouse or former spouse is not paying child support, you cannot refuse visitation rights with the children. Your remedy is to seek enforcement of the court order. If you violate the court order, your spouse can file an enforcement action against you. If you do not pay child support, the Court can order jail time, garnishment of wages, and other onerous punishments. If you refuse visitation, there are civil and criminal remedies available to the other parent. Additionally, the child's parent could seek modification of the conservatorship arrangement to decrease your rights.

Absent agreement of the parties, it is generally not possible to change the names of the children.

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