Child support is one of those subjects where people tend to get animated, especially when it comes to child support arrearage in Texas. One way or another, receiving and paying child support is enough to frustrate even the most even-keeled person. There is something about receiving money on behalf of your child that stresses a parent out. On the other hand, paying child support isn’t easy, either. You have to concern yourself with making sure your child has what he needs and maintaining your budget. It’s not exactly the easiest thing to do in the world.
Understanding that all is not well in your child support situation is a stressor for your family, especially when dealing with child support arrearage in Texas. Knowing that you have fallen behind in your child support arrearage Texas obligations places a great deal of stress on you. For one, you know that you are harming your child. Two, the lack of child support payments is most likely beyond your control. It is not as if you want to miss child support payments and create child support arrearage in Texas. However, that is simply the position that you find yourself in, facing child support arrearage Texas.
Today’s blog post from the Law Office of Bryan Fagan will attempt to tackle this subject in two different ways. The first is to look at the problem from the perspective of a parent who owes child support. Then, we will attack the issue from the perspective of the parent who receives child support. Ready to learn more? Join the Law Office of Bryan Fagan as we dive into this important topic.
Figuring out how to handle paying child support
One of the tough parts of learning how to co-parent is learning how to pay child support. At first glance, it can seem like an easy process. Just pay child support like one more bill, right? For most people, it is not that simple. For one, child support is not just a second light bill. It’s a substantial amount of money for most people each month. Somewhere from $750 to upwards of $2000 is a plausible range of income to expect to pay. More on those specifics later in today’s blog post.
Secondly, child support is difficult because you need to alter your habits to pay for it. Yes, it is more expensive than a common bill or expense. As such, it requires you to be much more intentional about how you are spending your money. No longer can you decide that you are going to put off your budget. Rather, you need to be able to begin budgeting now to afford to pay this monthly responsibility. For a parent who wants to serve their families well, I cannot think of a more important step to take.
Budgeting- figure it out or regret that you haven’t
To budget is to experience life better. You may think that I am being overly dramatic but I can tell you that I am not. Budgeting is not like putting a strait jacket on your pocketbook. Rather, budgeting is more like permitting you to spend each month. How is that true? It’s because you know exactly where each of your dollars is going to be spent each month. Instead of guessing where your money goes each month find out for sure. Budgeting is the tool that allows you to do just that.
A budget is not fun, but it can help you avoid child support arrearage in Texas. You are not going to feel your blood coursing through your veins when you budget. However, that is not necessary. What is necessary is putting in a basic amount of work to prevent child support arrearage Texas and to find out what you are capable of when it comes to caring for your children. If you don’t care to budget for yourself, then do so on behalf of the kids. They appreciate you paying child support on time and avoiding any child support arrearage in Texas. A budget ensures that your children have the food, clothing, and shelter they require. It is a sacrifice, but so is parenting, after all.
If you are surprised to read about budgeting on the blog for a family law attorney then we cannot blame you. The attorneys at the Law Office of Bryan Fagan like to think that we are adept and finding the small tips that help families just like yours in a divorce. We do not approach divorce or child custody cases with a “one size fits all” attitude. Rather, we work with clients where they are and on the subjects most important to them.
Paying child support through the Office of the Attorney General
One of the best pieces of information that we can provide you with today is to make sure payments for child support go through the Office of the Attorney General. Their office has an online account for you and your co-parent to review periodically. There you can verify how much child support is owed and what the overall balance of child support is. This is where you can work through the issues in your case. Find out how much child support is owed and how much should have been paid to this point.
What you want to avoid is a situation where you may child support payments directly to your co-parent. It can be easy to fall into this habit especially if you and your co-parent communicate regularly. Tempting as it may be to jump over the OAG it should not be something that you do. By not going through the OAG you are not receiving credit for the child support you pay. When you go on their website all of these direct payments of support do not show up.
The last thing you want is for your co-parent to say that you missed a child support payment that you paid directly. Not to say that your co-parent would try to do this but, then again, you would not be the first person. You increase your stress when you have to keep track of your child support payments. Allow the state to do this for you by using their resources to pay child support.
Falling behind in child support- how does it happen?
There are many reasons why you may fall behind in paying child support. As we mentioned earlier in today’s blog post your child support payments are not a normal “bill.” While you do owe child support each month that does not mean that paying child support is the same as paying the light bill. Rather, child support is a different kind of responsibility altogether. The most notable difference is the extent of the bill itself. Child support is in many cases equal to a mortgage payment. If paying two mortgages in one month sounds daunting that’s because it is.
On top of child support being a relatively large monthly payment, you also need to be content with the reality that many of us do not budget our money. So, one day having to suddenly pay two mortgages can mean the difference between being on top of your finances or falling behind. The key to not falling behind financially is having a plan. Even if you attempt to budget it can take time. Typically people need three months to get their budgeting down. Until then it looks like educated guessing more than budgeting.
In any event, it is a good idea to get a jump on this subject as early as possible. Do not underestimate the shock to your system that child support creates. It is not as easy as you may think to take on the responsibility of paying child support. As such begin by running a basic household budget once you figure out that you will be responsible for paying child support.
What to do when you start to fall behind in paying child support?
All of us go through situations where we are unstable financially. We would all like to avoid situations like this, but it is not always possible. With that in mind, how you prepare for times like these will determine how negatively you and your family are impacted. For starters, when you encounter difficulties with paying child support it is important to communicate with your co-parent. The better you are at communicating these issues the less likely you are to run into problems.
That’s not to say that communication alone is enough. Rather, being able to take the next step and do something about the problem is what matters most. Talk to your co-parent, though. Make sure she understands why you are not paying your child support that month. Are you sick? Did you lose your job? Did your company suddenly let go of a lot of people? Be honest with your co-parent.
Now that you have spoken to your co-parent about the issue it is time to come up with a plan. How are you going to not fall behind any further? This may look like finding temporary employment. Not the type of job that you may want to hold forever but something to pay the bills for the time being. Finding two part-time jobs is enough to keep the wolves at bay. Taking that part-time income and then starting to pay down the arrearage as soon as possible is another positive step you can take.
What if your job loss turns out to be something more permanent?
When you are in a situation where a drop in your income becomes more permanent then it may be an opportunity for you to modify the amount of child support you pay. Child support modifications are essential for many families. To start with, a modification in family law court requires a material and substantial change in circumstances to have occurred. In this circumstance, it would be your loss in income on a more permanent basis. An injury having been suffered or something like this may lead to a permanent reduction in your income. That is a great reason to try and modify the amount of child support you need to pay.
Next, you would need to show that the reduction you seek in child support is in the best interests of your children. A best interests determination looks at a host of factors. However, it would be difficult to argue that paying an amount of child support beyond your means is in his or her best interests. Rather, their parent paying an appropriate amount of child support is more in line with their best interests.
A child support modification is a detailed process. Hiring an experienced family law attorney to assist can be beneficial. Did you know that the Law Office of Bryan Fagan represents clients across all the major metropolitan areas of Texas? Contact us today for a free of charge consultation. We can meet with you conveniently and on your schedule.
Enforcement of your child support orders
On the other hand, your co-parent will very likely have opinions about the situation facing you all. As we mentioned earlier in today’s blog post, it is best to communicate any issues regarding child support directly with your co-parent. This can take some of the “sting” out of that first missed or reduced child support total. However, just because you communicate the issue to your co-parent does not mean that she is going to take that information happily.
On the contrary, your co-parent will likely be upset and frustrated about what is happening. In a situation where you are repeatedly missing child support payments that begins to cross into a situation where further action needs to be taken by your co-parent. That further action may look like hiring an attorney. The attorney may send a letter to you asking that you address the issue directly.
From there, it would be common for the attorney to file an enforcement action against you. An enforcement does what you would think- seek to enforce a court order. What the enforcement can do is address the specific instances where the court order has been violated. A request for relief is made in the petition for enforcement asking the court to grant certain relief.
How you can respond to an enforcement
First, seek an attorney’s guidance in an enforcement case. Specifically with child support enforcement, you need help. It is not uncommon for people denied child support to ask for jail time as a result. That’s not to say that the judge in your case is going to grant the request for jail time. However, when that is a real possibility you need to be prepared. The more prepared you are the less likely you are to find yourself facing a serious consequence like this.
Enforcement cases oftentimes end up before a judge. Before then you will have an opportunity to try and settle the case outside of court. This can be done by coming up with a detailed payment plan to begin to pay back what you owe in child support. Many times spouses will focus on paying a large amount of the child support up front and then paying the rest off in smaller increments.
For visitation enforcement cases you could be facing similar penalties as in a child support case. There are various defenses to a visitation enforcement case. Those defenses are appropriate to discuss with your attorney. Make sure he knows all the different circumstances you are facing. Being clear and upfront with your attorney in an enforcement case is important. Failing to share important details can lead to a breakdown in the case.
Final thoughts on child support arrears
When you owe your co-parent child support you must develop a plan. The better prepared you can be the better off you and your child are. As such, remember that it is your child who stands to suffer or benefit from the decisions that you make. Assuming that this situation will sort itself out is a mistake. Rather, it is much more likely that you will need to actively develop a strategy to combat the problem.
Going about the problem alone is difficult. It adds additional complexity to a situation that does not need it. An attorney will help you avoid making a bad situation worse. This allows you time to develop a plan to start paying back the child support you owe. Or, there may be a defense to your late or partial child support payments. An attorney knows how to offer those defenses.
Thank you for joining us today on the blog for the Law Office of Bryan Fagan. Our licensed family law attorneys post unique and informative content on Texas family law each day of the week. We serve our clients with a great deal of pride. The Law Office of Bryan Fagan has a terrific collection of attorneys who are prepared to serve you and your family. If you have questions, rely on our office for answers. This is where you can make a huge difference for your family now and in the future.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
