Navigating emotional topics is commonplace for child support, often stirring strong motivations among parents aiming for various outcomes. Successfully managing your emotions and focusing on tangible goals is crucial. A significant aspect of this is understanding to support, which involves various crucial elements. It is essential to grasp how is calculated, the methods of payment, and the broader implications for your child’s well-being. Additionally, recognizing the specific role of child support in your situation is equally critical. This comprehensive understanding can profoundly influence the success of your case and ultimately benefit your child.
What is child support?
Child support is financial support paid by one parent on behalf of their child to another parent because of a family law case. This financial support is always in the form of money paid from parent to parent. Informal to support the child may be paid between parents before a child custody or divorce case. However, once you go to court these payments will become “official” child support payments once an order is set up which mandates the payment of money from one parent to another.
Who pays child support?
In terms of child support, parents like yourself are classified as either custodial or noncustodial parents. A custodial parent has primary custody of your child. This parent does not pay child support. However, the non-custodial parent will pay by only having visitation rights concerning a child. Be aware that paying is a huge responsibility and is not likely to be something that changes anytime soon.
Who receives child support?
A custodial parent receives payments from the non-custodial parent. The custodial parent, like yourself, has physical custody and daily responsibilities that a noncustodial parent does not. As a result, you can expect that the payments that you receive are going to be used to pay for essential costs associated with raising your child. The non-custodial parent is not entitled to an accounting of the child support paid to you, however. Typically, child support is paid on the first of each month.
Where is child support paid?
If you are used to having checks or cash handed to you by the noncustodial parent of your child, then that is something that you should begin to move away from mentally. These are known as informal child support payments in the world of Texas family law. Only formal payments made through the Office of the Attorney General-Child Support Division count towards the official support obligations of a non-custodial parent. The physical location of where is paid is not so important as is the nature of the payments flowing through the OAG rather than from parent to parent.
Is paying child support through the OAG a good thing or a bad thing?
This is an opinion question, but while we’re here it is important to note that you can feel any way you want to if you remember to pay your child support if that is your end of the bargain. Remember that paying through the Office of the Attorney General means that an official ledger of payments is maintained so that you and your co-parent do not have to do so yourselves. This is one less responsibility for the two of you to keep up with. Your co-parent cannot change the amount that she expects to receive based on the month or circumstances. You can pay a consistent amount month over month.
Can you pay child support even before you have a court order?
Yes. At that time, it would be known as involuntary child support that you would be paying. Essentially, you and your co-parent could agree on some amount of money, supplies, diapers, etc. that could be paid to help your child. This is optional, to be clear. You do not have to pay any amount of child support to your co-parent before you are ordered to do so by a court. Yes, you must support your child materially. However, that does not mean that you must pay your co-parent a specific amount. Any support you do pay is informal and is not something that you would be “credited” for.
How is child support calculated?
Child support can be calculated based on whatever factors, metrics and circumstances are relevant to your case. There is no set method for calculating child support in a Texas family law case. However, there is a guideline amount of child support that is outlined in the Texas Family Code. This is the default method for calculating that could be used in your case, as well. Most families who go through a child custody or divorce case will end up basing their obligation on this guideline level of support.
However, the best interests of your child matter a great deal when it comes to calculating child support or determining any other issue relevant to your case. The best interest of your child is a legal standard that attempts to gauge what is going to set your child up for success now and in the future. Their current circumstances, future needs, your ability to care for your child, your co-parent’s ability to care for your child, and a host of other factors will be weighed by a court. It is possible that what is in the best interests of your child is not necessarily in your own best interests.
More on the Guideline levels of calculating child support
Calculating child support involves two key steps: determining the paying parent’s net monthly income and the number of children involved. The number of children influences the percentage of income allocated for support. Sometimes, this calculation is straightforward. However, it may get complex if there are children from other relationships affecting the support amount.
Figuring out a parent’s net monthly income requires diligence. Even if your co-parent has a salaried job, other income sources like part-time jobs or side hustles should also be considered. In today’s economy, many people have multiple income streams, and overlooking these can impact the support amount.
People may not always disclose their full income willingly. If you find it challenging to get clear answers from your co-parent, seeking advice from an experienced family law attorney is crucial. At the Law Office of Bryan Fagan, we’re equipped to ensure your co-parent fulfills their responsibilities. Our goal is to secure the correct support amount for your child’s benefit.
Can you and your co-parent agree to no child support payments?
In Texas family law, a common question arises: Can you and your co-parent agree to forgo child support payments? Various reasons might prompt this consideration, such as avoiding conflicts, maintaining a good relationship, or believing the co-parent earns too little to justify formal arrangements. However, do these reasons justify not paying child support?
Typically, the answer is no. Child support is expected in almost all custody cases before a Texas family court. Parents have a duty to financially support their children, whether or not a judge enforces it. For many, the only financial contribution a parent might make, especially if they do not utilize visitation rights is to support their child.
You might prefer to avoid financial ties with your co-parent, keeping the relationship strictly parental without financial dependency. Despite these feelings, a family court judge will likely view the situation differently. Texas law encourages both parents to engage in their child’s daily activities. Even if the co-parent is less involved, establishes a meaningful link to the child’s life. Although it might not seem apparent initially, this financial contribution is integral to the parent-child relationship in the context of family law.
Child support can be tailored to your child’s needs
In family law, no uniform child support order applies to every situation. Each case’s unique circumstances must influence the support amount. Take, for instance, a split custody scenario where you and your co-parent have your children equally in a “50/50” arrangement. Here, the need for child support might be reduced.
Instead of using standard guidelines from the Texas Family Code, you might adopt a more tailored approach to calculating support. For example, consider the difference in annual incomes between you and your co-parent. If you earn $40,000 and your co-parent $50,000, it could be based on a percentage of the $10,000 difference.
Conversely, if one parent has sole custody and the other sees the child only one weekend per month, the custodial parent’s need for support could exceed guideline levels. This scenario places more parenting responsibilities on one parent, increasing their need for financial support.
Approaching child support with a standard formula does not serve everyone’s best interests. What works for one family may not suit another. At the Law Office of Bryan Fagan, we understand this. Our attorneys are adept at addressing your family’s specific needs and crafting solutions that benefit your child. Our experience enables us to engage in creative problem-solving tailored to your unique situation.
Medical needs of your child
Does your child have a special medical need that should be considered in your support case? Such needs might include physical or mental impairments requiring surgeries, therapy, or other medical care. These expenses are crucial when calculating support.
You have several options to account for these costs. One approach is to incorporate them into the monthly support payment, particularly if the expenses are consistent. For instance, if there is a known monthly cost for your child’s medication, this can be included in the support calculation.
Additionally, medical support might cover health insurance, which reflects out-of-pocket expenses not covered by the policy. Post-divorce, your child must have health insurance, possibly provided by you, your co-parent, or through the State of Texas.
If your child qualifies for Medicaid, the State of Texas provides this insurance. Medicaid assists low-income children and families, and eligibility depends on means-based tests. Medicaid serves as a safety net when no other insurance options are available.
In cases where Medicaid is utilized, the parent paying support may also need to reimburse the State of Texas for this benefit. A monthly amount will be calculated for this purpose. Moreover, any medical expenses not covered by insurance must also be addressed in your court orders.
How you and your co-parent decide to split these out-of-pocket medical expenses depends on your agreement. You might choose to divide the costs proportionally based on income or simply split them 50/50. This flexibility allows you to tailor solutions to meet your child’s specific needs effectively.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way to learn more about the world of Texas family law as well as how your family’s circumstances may be impacted by the filing of a divorce or child custody case.
Other Related Articles:
- Child Protective Services in Texas: Safeguarding Childhood and Shaping the Future
- Child Protective Services (CPS) in Texas and Marijuana Use: What Parents Need to Know
- Child Protective Services (CPS) and Marijuana: A Comprehensive Guide to Texas Law
- Understanding CPS Authority: Can Child Protective Services Require Drug Testing in Texas?
- Confidentiality in your Texas Child Protective Services case
- Drug Offenses and Child Protective Services (CPS)
- CPS Navigator Your Guide to Conquering Child Protective Services with Confidence!
- Here is what you should do when Child Protective Services knocks at your door
- Refusing Entry to Child Protective Services
- Child Protective Services Investigations in Texas
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.
