Of all family law issues in Texas, child support prompts the most emotions and inquiries. Whether receiving or paying, it’s a contentious issue. If you share a child, one of you likely owes child support in TX. Despite attorneys’ efforts to clarify divorce matters, child support often sparks post-divorce questions.
The reason is evident: it revolves around money. People feel uneasy about paying money to their ex-spouse, even if it’s for their child’s benefit. Conversely, they may feel dissatisfied with what they receive. Some parents, perhaps including you, shoulder the daily care of their children with minimal assistance. Child support from a non-custodial parent might seem inadequate compared to the overall cost and effort of raising a child.
Adding to the considerable angst surrounding child support, you may have encountered friends, colleagues, and family sensationalizing the topic even further. Perhaps you’ve heard claims that child support isn’t required if you can’t see your child, or that withholding visitation rights is acceptable if your ex-spouse fails to pay child support as ordered.
Such misunderstandings are prevalent in Texas child support matters. As the saying attributed to Winston Churchill goes, “A lie gets around the world before the truth has a chance to put its pants on.” In today’s blog post from the Law Office of Bryan Fagan, PLLC, I aim to dispel some of these misconceptions lingering in the late spring air of Texas.
If you don’t get to see your child then you don’t have to pay child support
This misunderstanding can be reversed: if you aren’t receiving the full and timely child support TX owed to you, then you aren’t required to grant your ex-spouse visitation time. This is a common issue encountered by family law attorneys, often brought up by fathers seeking potential child support modifications. They’ll describe situations where their ex-partners withhold visitation until child support payments are made, citing job loss or financial difficulties as reasons for non-payment.
In this scenario, the father typically seeks a decrease in his child support obligation due to his lower-paying new job. However, he may not realize that his ex-wife cannot withhold visitation solely because he hasn’t paid child support. Some fathers may justify their non-payment of child support, even partially, by citing their lack of time with their child as a reason, especially after securing a new job.
In the above scenario, neither parent’s actions are justified. As the primary conservator, you have the right to receive child support payments and determine the primary residence of your child. However, withholding visitation on your ex-spouse’s weekends due to late child support payments is not justified.
Similarly, if you’re being denied visitation with your child, you cannot cease paying child support in retaliation. You remain obligated to pay child support regardless of visitation status. However, both aggrieved parents in these situations have options. Enforcement lawsuits are routinely filed and heard in Texas Family courts. It’s crucial to consult a family law attorney before making decisions that could jeopardize your time with your child or result in significant financial consequences.
Daddy did it (and he has to pay, too)
Another prevalent but incorrect belief is that fathers are always required to pay child support. This misconception stems from outdated ideas about which parent is better suited to care for a child daily. Historically, mothers have been favored in this regard, partly because fathers have often conceded this ground. Many fathers have refrained from pursuing primary conservatorship, assuming that mothers have an advantage in custody cases.
Nothing in the Texas Family Code implies that mothers are superior parents to fathers, nor does it confer any advantage to either parent in the custody aspect of a divorce. Regarding child support, fathers often end up paying more simply because they commonly concede this issue to mothers. Fathers seeking primary conservatorship should present their case to a judge. If successful, the ex-wife may be required to pay child support to the father.
The Attorney General doesn’t need to get involved- you can pay child support directly to your ex-spouse
While this perception can hold true in some instances, it shouldn’t necessarily be the case for you. There’s a common belief that paying child support TX through the Office of the Attorney General incurs higher costs, is cumbersome, or takes longer to process. Both mothers and fathers have approached me in recent years with this misconception firmly ingrained.
No, it’s not true. While child support can be paid directly to your spouse, it’s not advisable. Most divorce decrees do not recognize direct payments to your ex-spouse, so you may not receive credit for them. This could result in making double payments if your ex-spouse falsely claims missed payments, despite them being made directly.
Even if you and your ex-spouse maintain an amicable relationship, it’s unwise to agree to make direct payments. This isn’t about mistrust but rather ensuring clarity regarding significant child support amounts. Utilizing the State Disbursement Unit of the Attorney General guarantees a clear record of payments, including amounts paid, dates, and any outstanding balances.
Conclusion
Navigating the intricacies of child support laws in TX can be challenging, compounded by common misunderstandings that pervade the landscape. Misconceptions about payment and parental roles lead to confusion and frustration for parents. However, by seeking accurate information and legal guidance, individuals can better understand their rights and obligations under Texas family law. Clear communication, informed decision-making, and consultation with knowledgeable family law attorneys can help dispel misconceptions and ensure fair outcomes for all parties involved in child support matters.
More questions about child support? Stay tuned to our blog tomorrow when we continue this topic
We’ll conclude this mini-series on child support misconceptions in Texas tomorrow. If you have any questions or need clarification on what you’ve read, feel free to reach out to the Law Office of Bryan Fagan, PLLC. We provide free consultations six days a week with licensed family law attorneys. It would be our privilege to meet with you to discuss this topic or any other matters in the field of family law.
Other Related Articles:
- Can a Texas family court reduce an above guidelines child support obligation in an out-of-state Order?
- How to modify a child support when you need above guidelines support in Texas
- How to win an above guidelines level of child support in Texas
- How to get above guideline child support.
- The Ultimate Guide to Child Support in Texas: What Every Parent Needs to Know
- Modification Of Child Support Orders
- 5 Things You Should Know About Child Support in Texas
- What To Expect At a Child Support Review Hearing In Texas
- Four Important Child Support Factors in Texas
- Child Support: Age of Emancipation In Texas
Frequently Asked Questions
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Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
