In Texas child custody cases, termination of child support frequently becomes the most contentious issue, carrying emotional weight beyond mere financial implications. Various aspects of the case’s outcomes intertwine with the determination of child support intricacies, including payment arrangements and recipients. To understand how child support is calculated in Texas, you must first grasp how these details are determined, laying the groundwork for understanding the calculation process.
Determining who pays child support
In most Texas child custody cases one parent ends up paying child support while the other parent ends up receiving child support. In Texas, parents have an obligation under the law to support their children financially. One of the major points correct of a Texas child custody case is that a family court judge will determine the conservatorships rules for parents like you and your Co-parent. This begins and ends with determining which of you will become the primary conservator of your children.
The primary conservator of your children will hold most of the cards when it comes to being able to spend the most time with your children and hold the most rights to your children regarding decision-making capabilities. Well, most parents understandably are concerned with the time aspects of a Texas child custody case I think it is a good idea for you to think not only about the time but the rights and duties of a parent. Being able to make decisions on behalf of your child and have a say in matters related to their health and education specifically are a big deal. It is a good idea to keep these issues in mind as you begin to negotiate in your divorce or child custody case.
Primary conservatorship: a key issue in divorce and custody cases
Probably the most contentious issue in a divorce or child custody case, other than child support itself, is that of determining which parent will become the primary conservator of your child. The primary Conservatory of your child, among other things, can determine the primary residence of your child. This means that the primary conservator gets to live with your child on a full-time basis. This does not mean that your child will spend all their time with his parent it’s just that during the school year your child will spend the night at this parents’ house. With that right comes the ability to spend more of the year with one parent than the other. I think a general breakdown in a typical divorce or child custody case is that your child will spend 55% of their year with the primary conservator as opposed to the non-primary conservator.
Since there is a substantial difference in the amount of time that your child will spend with both parents then it should come as no surprise that it is the non-primary conservator that ends up paying child support to the primary conservator. This action aims to balance the overall costs associated with raising your child. Bear in mind that it is the primary conservator who frequently must pay costs associated with field trips, extracurricular activities, random doctor visits, and other costs out of their pocket.
The role of conservatorships in divorce and custody cases
The nonprimary Conservatory typically has weekend time with the children when these types of activities are not ongoing. As a result, the typical setup in Texas is that the nonprimary conservator pays child support to the primary conservator monthly. The usual method involves sending a wage withholding order to the non-primary parent’s employer. Each month, the employer withholds a specified amount from the paycheck and sends it to the Office of the Attorney General to fulfill the child support obligation.
So, since we are not only dealing with issues regarding money and time with your children the subject of conservatorships is a big one in a divorce or child custody case. It is not surprising that many parents end up spending most of their time and money in a divorce or child custody case on this subject. You will collect evidence, negotiate strongly in multiple mediation sessions, and could even attend a trial to become the primary conservator of your children. Even then, the designation of a primary conservator can change over time specifically if there has been a material and substantial change in circumstances that justifies a modification of the prior child custody orders.
Determining child support: negotiating with your co-parent
However, for today’s blog post we will not be speaking about modifying child support necessarily. Our focus is going to be on how you and your Co-parent will determine who ends up paying child support in the first place. Usually, this is done through negotiation with one another. One of the big misnomers about Texas child support situations is that it is usually the judge who ends up deciding about who pays what as far as child support is concerned.
This could not be further from the truth. In the vast majority of Texas child custody and divorce cases it is you and your Co-parent who end up determining these designations yourself through negotiation. You can achieve this through informal settlement negotiations between you, your attorneys, or in a more formal setting like mediation. However, it is not a family court judge who ultimately will make this decision likely for you and your spouse. You both can negotiate on this issue as much as possible.
Do you pay child support directly to your co-parent?
Let’s assume you’re the parent named as the non-primary conservator. This could be because you have a job that requires you to work odd hours. If you must be at a hospital to work your shift as a nurse in the middle of the night, then you probably wouldn’t be the ideal primary conservator. This is not a slight on you as a parent- it’s just an acknowledgment of your circumstances.
Assuming you’ll be the one paying child support, you should familiarize yourself with ensuring your payments reach your co-parent on time and in full. While your co-parent may benefit from these payments, remember that your child is the primary intended beneficiary. With that said, you will want to make sure that your child can receive these payments so that there is no interruption to their daily lives when it comes to financial issues.
Formal child support payments: using wage withholding orders
Many people assume that child support payments involve writing a check or even dropping off cash with a co-parent. After all: this may have been the method that you and your Co-parent used for many years to pay child support before you came to family court. It may have been customary for you two to have a checkbook in the car and just write checks for your child to play intermediary between you and your Co-parent.
However, this is not the method of payment that family courts will recommend that you utilize. The courts make it clear that informal child support payments, which the Office of the Attorney General does not honor. This means that if you check your account online that you will get no credit for having made these informal child support payments. For that reason, it’s important to understand how these payments can be made to your co-parent.
The subject of child support payments themselves typically begins with a wage withholding order. A wage withholding order is typically completed at the conclusion of a divorce or child custody case. Case. The end of a child custody case or divorce sees you as the paying parent providing your employer’s information to your spouse and their attorney. A wage withholding order specifies the amount of child support to be paid each month. After the judge signs the order, it is sent to your employer. Your human resources department or the office handling your wages must then honor the order, deducting a certain amount from your paycheck each month to satisfy the child support obligation.
Benefits of using office of the attorney general for child support
From there, the payment will go to the office of the attorney general. The office of the attorney general will then deposit that money into an account for your Co-parent. This is typically how child support is paid after a child custody or divorce case. Although it may seem like a more complicated method, there are advantages for both you and your co-parent. Let’s walk through those advantages now so that you can better understand these methods and how they stand to benefit you and your family.
First, you benefit because there will never be any question of how much money you have paid or how much money you still need to pay if you make your payments through the office of the attorney general. As we have already covered, there is a list in a ledger of the payments you have made, and everyone has access to it.
You will not be in a position where your Co-parent will ever be able to quit questioning the amount of money that you have paid or try to make it seem like you owe money. All you would need to say is to look at your Ledger on the office of the attorney general’s website to determine that you have not missed any payments. This increases the peace at home and makes it less likely that there will be any disagreements that lead to bigger arguments between you and your Co-parent.
Consistency and reliability in child support payments
The Child Support system ensures clarity and stability in monthly payments, preventing doubts about the required amount. Many parents have reported that their co-parents frequently demanded changes in child support amounts, citing various factors.
While the needs of a family may change based on circumstances, constant revisions in child support put you in a tough position when budgeting. After family court determines child support, you’ll know the monthly amount and payment method. This is a great benefit for you or any parent especially if you’ve had issues with blocking your co-parent into a set amount of child support each month.
From your co-parent’s perspective, this system benefits them as their monthly bills are sometimes tied to the amount of child support you must pay. It can be a nerve-wracking experience to have to wait on child support that you are not confident that you will receive to pay your rent or utility bills. Rather, I have worked with many families over the years who have simply given up on being able to depend upon child support each month.
The importance of consistent child support payments
These parents will simply think it’s not worth their trouble to ever try to hold their Co-parent responsible for miss child support. Many parents have failed to make child support payments simply because they believed it would be too complicated or because they changed jobs and couldn’t update their wage withholding order. In such situations, if you, as the paying parent, ensure your information is current, there shouldn’t be much of a problem with receiving your child support payments each month.
Finally, your children stand to benefit because ultimately, they are the ones who will suffer if they do not have a place to live or their normal dosage of medication each month these are just a few examples of how the inability or failure to pay child support can wreak havoc on a child’s life. Even if it frustrates you to need to pay money to your parent each month remember that it is your children who stand to benefit the most from these payments.
Calculating child support
Again, you and your Co-parent are in complete control of how child support is calculated. You all can use the specific circumstances of your family and whatever any other factors you have are to calculate child support. However, I am going to provide you with a rundown of how the Texas family code calculates child support so that you have a basis by which you can form an opinion about how to proceed with your child support calculations.
You are net monthly income will be calculated. This means all your sources of income will the calculated with certain deductions made for taxes and other costs. The system calculates child support by multiplying a percentage against your net monthly income. For one child before the court, 20% of your net monthly income would go towards child support.
That number would increase by 5% up until you reach 40% for six or more children before the court. Family courts typically will not order child support that is any more than 50% of your net monthly resources. What this should tell you is that sometimes the most complicated part of the entire discussion is determining what your net monthly income is. If you are someone who has multiple streams of income, then you should work with your attorney to lock in this figure so that there are no questions about what your income is and what it isn’t.
Conclusion
The termination of child support in Texas child custody cases emerges as a highly emotional and contentious issue, reflecting complexities that extend beyond financial considerations. Understanding how child support is calculated in Texas requires comprehensively grasping the various factors that influence payment arrangements and recipients, all intricately tied to other aspects of the case’s outcomes. By delving into the determination of child support details, one can gain a clearer understanding of the calculation process, empowering individuals to navigate their custody disputes with greater clarity and insight.
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 for you to learn more about the world of Texas family law as well as about how your family circumstances may be impacted by the filing of a divorce or child custody case.
Other Related Articles:
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- Exploring What Is the Best Way to Pay Child Support in Texas: A Parent’s Guide
- In Texas Are Child Support and Visitation Connected?
- Suit Affecting Parent Child Relationship (SAPR): Who Needs One and Why?
- Texas Child Support Appeals
- Can I Sue My Ex for Retroactive or Back Child Support in Texas?
- Do I Have to Pay Child Support if I Have Joint Custody of My Child in Texas?
- Does Child Support End if My Child Gets a Job?
- Navigating Retroactive Child Support Disputes in Texas
- Need to know more about child support negotiations?
Child Support Ebook
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Other Updated Articles you may be interested in:
- Texas Custody Lawyer on Your Child Support Rights
- What is considered child support?
- Four Important Child Support Factors in Texas
- A Look at Texas Child Support Orders
- How Can a Failure to Pay Child Support Impact Your Vehicle Registration?
- What happens to child support if a parent dies?
- Can You Withhold Visitation if Your Ex Hasn’t Paid Child Support?
- What Is Medical Support In Texas?
- If you have primary custody (custodial parent), you can still be ordered to pay child support?
- Can Parents Agree to No Child Support in Texas?
- Can you sign your rights away and not pay child support?
- How can a man get out of paying child support?
- Handling a child support case as the non custodial parent, Part Five
- Does Child Support End if My Child Gets a Job?
- Texas Child Support Review Process
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.
