Can I Get Child Support While My Texas Divorce Is Pending?

Divorce & Child Support in Texas: Tips to Navigate Support Obligations

For those facing a divorce in Texas, a common and crucial concern is the possibility of obtaining child support during the process. The legal framework in Texas allows for this, offering essential financial support for children amidst the changes brought on by a divorce.

This article sheds light on the key aspects of securing child support in Texas, providing valuable insights for those undergoing this transition.

Understanding Child Custody Arrangements and Their Impact on Child Support in Texas

In Texas, child custody arrangements, termed “conservatorship,” significantly influence child support decisions. These include sole, joint, or possessory conservatorship, each affecting the amount of child support. While joint conservators have equal rights, the actual time spent with the child may vary, impacting child support obligations.

Typically, the non-custodial parent (possessory conservator) pays child support. However, in joint conservatorships, Texas law allows for child support orders regardless of custodial labels, often based on income disparities. Understanding these nuances is crucial for parents navigating child support in the context of Texas divorce proceedings​.

The Role of Temporary Orders in Texas Divorce

In Texas, where legal separation is not recognized, temporary orders are critical when a divorce is filed. These orders address immediate issues, including child custody, child support, and property use, ensuring stability during the divorce proceedings.

Process for Obtaining Temporary Orders

Either party in a family law case can request temporary orders by filing a Motion for Temporary Orders. A hearing is then held where the judge listens to both parties before making the orders. These temporary orders remain in effect until a final order is issued or if they are modified by the judge​​.

Scope of Temporary Orders

Temporary orders in child-related cases can encompass:

  • Temporary conservatorship (custody)
  • Temporary possession (visitation)
  • Temporary child support
  • Provision of health insurance
  • Exchange of financial information for setting child support

In divorce cases, these orders can also cover temporary use of property, payment of debts, spousal support, attorney’s fees, and information exchange for property and debt division​​​​.

Factors Considered in Temporary Orders

Divorce & Child Support in Texas: Tips to Navigate Support Obligations

Texas courts consider a variety of factors when issuing temporary orders for child support. These include the incomes of both parents, the number of children, and each child’s specific needs. This approach aims to ensure a fair and welfare-oriented determination of support.

Duration and Modification of Temporary Orders

Temporary orders are adaptable and can be modified in response to significant changes in circumstances. To change these orders, a Motion to Modify Temporary Orders must be filed. This process allows the orders to adapt to evolving situations, maintaining relevance and fairness throughout the divorce process​​.

The Mediation Process

In some cases, Texas courts require parties to attend mediation before scheduling a temporary orders hearing. Mediation provides an opportunity for the parties to come to an agreement outside of court with the help of a neutral third party. It is an effective way to resolve disputes amicably, discuss child support arrangements, and create a mutually beneficial parenting plan. Understanding the purpose and benefits of mediation is vital for couples seeking child support while still married.

The Mediation Process



Help parties reach agreements


Resolving disputes outside the courtroom

Required by Courts?

Some courts may require mediation

Steps Involved

1. Parties attend mediation sessions


2. Mediator facilitates communication


3. Parties work towards mutually agreed solutions


– Less adversarial than a court trial


– Can save time and money


– Gives parties more control over the outcome


– Confidential and private process

Child custody cases, especially when intertwined with divorce, are often complex and emotionally challenging. Issues related to children usually take precedence in such proceedings. Navigating these legal waters requires not just legal knowledge but also a sensitivity to the emotional aspects of the case​​.

The Bryan Fagan Law Firm points out that while Texas family code doesn’t require legal representation in child custody cases, having an attorney can be advantageous. An attorney serves as a guide and an advocate, ensuring that all necessary legal procedures are followed and that your and your child’s rights are protected. We emphasize that a lawyer’s role is akin to a co-pilot, helping navigate the case, manage logistical issues, and focus on the best interests of the children, rather than just the legal complexities​​.

Documentation and Evidence

Divorce & Child Support in Texas: Tips to Navigate Support Obligations

Maintaining detailed records of financial transactions, missed payments, and communication is critical in supporting your case. This documentation is essential for establishing a clear narrative and providing evidence that can be crucial in court proceedings.

Alternative Dispute Resolution

The firm advocates for alternative dispute resolution methods such as collaborative law, arbitration, and negotiation. These methods can often lead to more amicable and controlled outcomes, benefiting all parties involved, especially the children.

Interplay with Other Family Law Issues

Child support is often interconnected with other family law issues, including spousal support and property division. A comprehensive understanding of these interconnected aspects is crucial for a holistic approach to divorce proceedings. The Bryan Fagan Law Firm recognizes the importance of addressing all facets of family law to ensure the best possible outcome for their clients.

Final Thoughts

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