What is child support?
Child support is the payment of money from one parent to another as a result of a family law case. A court will determine one parent to be the primary conservator of a child- this is the parent who cares for the child daily. The non-primary conservator has visitation rights to the child but does not care for the child daily. As a result, the primary conservator bears more of a burden as far as the daily responsibilities associated with the child. The daily costs associated with child support require assistance from the non-primary conservator.
What are parents referred to as in the world of child support?
Parents in Texas child support scenarios go by two different classifications. The first is that of the custodial parent. You are the custodial parent when you receive child support. On the other hand, the parent who pays child support is the noncustodial parent. You can probably tell from a closer look at the words that the custodial parent of the child has “custody” of the child. The noncustodial parent may not have custody but does have other rights and duties concerning the child.
How is custody determined in a family law case?
This a complex question that looks at the circumstances of your life and the best interests of the child. Your child’s best interests are the primary consideration of a court. This can come as quite a shock to some parents. Not only are your needs not paramount to a court but they are not always the same as your child. It may be that the court determines that you are not best equipped to be the primary conservator of your child. Prepare to pay child support, in other words.
What about diapers and wipes given to your co-parent? Does that count as child support?
Many of you have been paying informal child support to your co-parent for an extended period. A common example of informal child support would be diapers and wipes for a baby. Even if you couldn’t see your child for circumstances beyond your control you may have been paying your co-parent in diapers and wipes. A few informal payments of money were also made along the way. Does this count as child support?
These will not count as child support. You will still need to have child support established formally in your family law case. We would all agree that your child will grow up at a certain point. This means that their needs change over time. The diapers and wipes were a well-meaning gesture for your child during his infancy. However, as the child ages so do his needs. As a result, expect that you will pay money to your co-parent every month.
How is child support calculated?
Child support can be calculated in any way that you and your co-parent would like. That is, as long as a court determines the method and amount to be in the best interests of your child. Otherwise, your method of calculating child support will not be allowed. Fortunately, the Texas Family Code contains provisions on how to calculate child support. This method takes into account a noncustodial parent’s net monthly resources. Then, a percentage is multiplied against the resources based on the number of children before the court. The product of that calculation is the amount of child support that you need to pay.
What do you mean by “net monthly resources”?
I think that we would all agree that it is easy to figure out how many kids are before the court in a child support case. You know how many kids you have with your co-parent. Even if you are not sure, there are ways to determine parentage and paternity that a court employs. However, for the vast majority of families in a child support case, you know if you have one child or six. The Texas Family Code contains a chart showing what percentage of a noncustodial parent’s income is paid towards the support of children.
That chart starts at 20% for one child and goes up to at least 40% for six or more children. Family court judges usually will not assess child support at any rate higher than 50% of a noncustodial parent’s net monthly resources. Net monthly resources are determined by taking into consideration most forms of income that you have. Wages, salaries, tips, commissions, bonuses, most investment proceeds, dividends, and even retirement benefits count.
Working with an experienced family law attorney to help you determine net monthly resources is important. If you are the parent who expects to pay child support then you want an accurate amount of your resources calculated. Since you as the custodial parent are not inside the bank account of your co-parent then you need an attorney to help you dig up all potential sources of income. Contact the Law Office of Bryan Fagan to find out how we can help you.
Can you and your co-parent agree to no child support payments?
This is one of the more commonly asked questions that the attorneys with the Law Office of Bryan Fagan field from clients and non-clients alike. Namely, whether child support must be paid as a result of a family law case. The two of you may earn similar salaries and spend similar amounts of time with the children. As such, it is reasonable to wonder whether child support needs to be paid at all.
While family courts generally allow parties to come up with creative solutions to problems like child support they generally do not apply parties to not pay child support at all. This goes back to a discussion on the best interests of your child. It is difficult to argue that the best interests of your child are served by no child support being paid. This reflects the reality that raising a child is expensive. It also reflects the reality that both parents ought to have a responsibility when it comes to raising the child financially.
There are ways to pay child support that do not involve the somewhat rigid guidelines of the Texas Family Code. It is true that every family is unique and that your circumstances may not call for a guideline level of support to be paid. Working with an experienced family law attorney with the Law Office of Bryan Fagan allows you to come up with creative solutions to these issues.
How is child support paid?
Now that we know more about the basics of child support let’s discuss getting the money from the noncustodial to the custodial parent. We talked earlier about informal child support payments. These are payments made directly from you to your co-parent. For many of you reading this blog post, this system may work out well for you. You cut out any middleman and simply pay your co-parent the child support directly. You all keep track of your payments and use the money wisely for your child.
However, for every family, this method works out well for there is another family who struggles with informal payment of child support. Not every family works well together and communicates about money. These informal child support payments could work well for a time but eventually, problems arise that cause families to second-guess their methods. As a result, we see families who truly struggle with informal child support payments.
For that reason, the Texas Attorney General’s Office exists as a go-between for child support. As the noncustodial parent you will pay money directly to the OAG and they send the money to the custodial parent. There is a record of payments made. The two of you do not need to keep track of the payments paid and received. Having a third party involved appears cumbersome at first but it can save a great deal of time and stress associated with child support.
How long do you need to pay child support?
This is a crucial question. Child support is not necessarily easy to pay. Yes, you want to do the best you can to serve your children. However, that does not mean that it is easy to make the payment each month. As a result, it is reasonable to wonder about when your obligation to pay child support comes to an end. Fortunately, the answer to your question is contained right there in your court orders.
For most families, the obligation to pay child support ends when your child turns eighteen or graduates from high school- whichever occurs later. So, if your child turns 18 in January but does not graduate from high school until June you will pay child support until that June graduation. By the same token, if your child turns 18 in August but graduates from high school in June you need to pay support through their birthday. These are crucial distinctions for you to make.
Are there circumstances where you may be ordered to pay child support after high school?
We have just seen that for most Texas families the obligation to pay child support ends at high school graduation or their 18th birthday. However, there are instances where you may be ordered to pay child support beyond their high school years. This typically involves situations where your child suffers from a disability. You and your co-parent need to communicate about this subject during your custody case.
Agreeing to pay child support beyond an 18th birthday or high school graduation reflects a reality that your child is likely to live with your co-parent for an extended period. When this happens it is reasonable to ask for extended child support. How much child support should be paid per month is the next question to ask. It could be that the same amount of money is needed. On the other hand, a reduced amount of child support may be necessary if your child can contribute to other own finances.
If your family has a special needs child then the time to discuss these circumstances is now. Do not wait to go over the needs of your child until later on. Rather, take the time that you need to plan out the future child support needs. Then, you can begin to work through these circumstances together as a team. The more effective you are at communicating the better off your child will be.
The importance of reading and understanding your court orders
One of the overlooked parts of being involved in a family law case is reading through your court orders. If you had your case many years ago it may be time for a refresher. This is important to make sure that you know what your responsibilities are under the court order. Child support does not usually change from month to month. However, understanding when your child’s support obligations is still important. Let’s consider a situation that impacted a prior client of the Law Office of Bryan Fagan.
A former client of ours was experiencing a difficult circumstance regarding child support. She had been receiving child support for years from her ex-husband. Then, abruptly, he stopped paying child support right around the daughter’s 18th birthday. This was in January. When child support was not paid, she came to our office and asked us to help her. We immediately wrote a letter to the husband asking him to contact us. Having just read through this blog post you may be able to see the problem here.
Our client’s ex-husband thought that his obligation to pay child support ended on his daughter’s 18th birthday. He had not read through his court orders in some time. If he had, he would know that the obligation to pay child support ended at his daughter’s high school graduation. It was a simple misunderstanding but one that had a huge impact on the family. Fortunately, we were able to work with the ex-husband to come up with a payment plan to get him back on schedule. No court date is needed. The moral of the story is to read your court orders often.
Enforcing and modifying child support orders
The only constant in the lives of young families is change. We see changes happen all the time in our lives. Children are born, get sick, get well, and have a myriad of other things happen to them. All we can do is adjust our plans and expectations based on these changes. Some of the changes are positive and some are negative. Again, we do not have any control over many of the changes that we experience in our day-to-day lives. How do these changes impact the Child Support orders that you have created with your co-parent?
The change in circumstances that is material and significant can result in a modification. Modifying child support occurs when the circumstances of you, your co-parent, or your child have materially and substantially changed since the last time you were in court. Proving a material and substantial change is only the first part of the process. Next, you need to be able to How you successfully the change is in the best interests of your child. Child support can be increased or decreased based on the circumstances.
However, if child support is not paid then an enforcement case may become necessary. By filing an enforcement case you would seek to hold your co-parent accountable to the court orders. Being detailed with the specific dates of the violation is necessary. From there, providing evidence of the missed child support payments is crucial. Fortunately, having payments go through the Office of the Attorney General makes it easier to prove when child support payments were not received.
The importance of an experienced family law attorney
When it comes to child support, a simple situation can become quite complex quickly. We see this happen with regularity when there are problems that arise in the payment or receipt of child support. Being able to work alongside your co-parent can become difficult when money and emotions are involved. For this reason, having an experienced family law attorney by your side can be just what you need to help avoid uncomfortable and counterproductive circumstances.
An attorney can help you to understand better your existing court orders. We have touched numerous times on how understanding your court orders is crucial to your family’s success. Being able to help you understand your court order may ultimately help you to avoid a situation where an enforcement or modification case is necessary. 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 attorneys serve our clients every day of the week both inside and outside the courtroom.
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.
