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Laws about child support and driving under the influence rarely intersect. However, with the new Texas child support law introduced through House Bill 393, the Texas Legislature and Governor Greg Abbott have established that individuals who drive under the influence and cause a parent’s death will be required to pay child support for the deceased parent’s minor children.
Texas is not the only state in the country to pass a law like this during the 2023 legislative session. To better understand what the law says let’s spend some time discussing the legislation itself. Next, we can examine the practical effects and other considerations related to family law that may be relevant to the situation. As always, if you have questions about any of the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan for a free-of-charge consultation.
House Bill No. 393 upon closer examination
Immediately, we see that the House of Representatives member who sponsored this legislation intends for the new law to relate to restitution payments for the support of a child whose parent or guardian is a victim of intoxication manslaughter. The primary aim of this law is to provide compensation to children whose parents have been killed by a drunk, intoxicated, or impaired driver. Restitution serves as a form of compensation designed to address the loss or injury caused by another person. While the goal of restitution is to help make the victim whole again by paying the victim damages it is obvious that no amount of money can make a child whole again after losing a parent due to drunk driving.
The new law will become a part of the Texas Code of Criminal Procedure since it relates to matters involving intoxicated driving. After a court convicts a defendant under the Texas Penal Code, it will order the defendant to pay restitution to the victim’s children. For example, if an intoxicated driver causes a parent’s death and receives a conviction for intoxication manslaughter, the court will mandate that the driver pay child support for the deceased parent’s minor children.
Determining Child Support Duration and Amount in Texas
The Texas Criminal Court will determine the amount of child support that shall be paid monthly until that child reaches 18 years of age or has graduated from high school, whichever is later. Many times, parents who go through child support cases will have a question regarding when child support ends. The minimum length and time that child support can last four in Texas is until that child turns 18 or graduates from high school whichever happens later. The Texas Legislature wants children to be provided for at least until he or she is a High School graduate or turns 18 years of age. In some cases, child support may extend beyond the typical end date, especially if the child has a disability.
The trial court has significant discretion to set a reasonable and necessary amount for child support. Similarly, Texas family courts often grant judges broad authority to interpret the laws of the Texas Family Code. In this case, a Criminal Court judge will be interpreting the Texas Penal Code. The financial needs and resources of the child will be relevant factors for a judge to consider as well as the financial needs and resources of the surviving parent or guardian.
Impact of Incarceration on Child Support Payments for Drunk Drivers
What happens if the drunk driver ends up in jail and is unable to pay child support? In that case, the defendant will start paying child support no later than one year after their release from jail. This allows the defendant time to find work and stabilize their life. After this period, the defendant must pay all overdue child support, regardless of when the payments were initially scheduled to end.
An interesting aspect of this new law is that it allows for a drunk driver to be ordered to pay child support based on the child’s accustomed standard of living. As any of the experienced family law attorneys with the Law Office of Bryan Fagan can tell you, this is not the case in the world of Texas family law. In child custody or divorce cases, the court does not order a parent to pay child support based on the child’s accustomed standard of living. Instead, child support serves as a supplement to the lifestyle provided by the primary conservator.
Child support basics for Texas families
The reality of the situation is that most families in Texas will not interact with this new law and what it holds for families and defendants alike. Rather, you and your family are much more likely to face circumstances surrounding the traditional payment of child support by one parent to another because of a child custody or divorce case. With that in mind, let’s explore the basics of child support in Texas to clarify how the system orders and manages payments.
First, parents in Texas must support their children. This involves understanding how the system calculates child support and what it means for you and your family. In Texas, there are two main roles related to child support. The custodial parent is the one with whom the child primarily resides. The non-custodial parent, on the other hand, has visitation rights but does not live with the child full-time.
In a divorce or child custody case, parents must negotiate their respective roles in their child’s life. Key factors to consider include the children’s ages, the roles each parent has played, and the children’s preferences, especially teenagers. This issue often becomes highly contested. If you and your co-parent cannot agree, a family court judge will need to make the decision for you.
Before going to court, you will have the opportunity to attend mediation. During mediation, an experienced family law mediator, usually a family law attorney, will help you negotiate a settlement on various issues, including conservatorship and child support. In Texas, mediation often helps families reach agreements and avoid courtroom trials.
What needs to be determined regarding child support and what is the basis for assigning child support rights and duties?
At its most basic level, parents like you need to be able to determine who will be paying child support and who will be receiving child support. The parent who pays child support will have visitation rights related to the children. On the other hand, the parent who receives child support will be the primary conservator of the children and will live with the children on a primary basis. However, that does not mean that the primary conservator will be spending significantly more time with the children. Instead, most parents in a family law case will share joint custody of their children and be classified as joint managing conservators.
Joint managing conservators share in the responsibilities and benefits of raising a child. This means that you and your child’s other parent will need to be able to communicate and work together in supporting your child, helping make decisions about your child’s education and health as well as a host of other subjects. Families like yours need to be able to coordinate on a range of different topics especially when it comes to the payment of child support. This is oftentimes a topic that can lead families to return to court after initially setting child support orders in a child custody or divorce case.
Managing Child Support Payments and Avoiding Arrears
For instance, if you are the parent who is responsible for paying child support then you will be responsible, as well, to pay attention to what you are paying in child support and if you ever start to owe money. Falling behind in child support means that you are in arrears. This is just a fancy, legal word for owing child support. The reason why you need to pay attention to child support payments is that there are consequences for not only failing to pay child support but also falling behind in child support. These consequences include facing an enforcement case, which may result in fines and a court order to pay the back child support owed through a payment plan.
To avoid falling behind on child support, ensure that the payments reach your child’s other parent on time and in full. This is typically managed through a wage withholding order. After your child custody or divorce case, the judge will complete and sign this order. Your employer’s human resources or payroll department will then receive the order, which instructs them to withhold a specific amount from each paycheck to ensure timely and full payment of child support.
Managing Child Support Payments Through the Office of the Attorney General
Child support payments must be processed through the Office of the Attorney General. This office manages and ensures that payments reach the parent entitled to support. This system offers clarity for all parties involved, specifying exactly what and when payments are due. If you’ve previously faced inconsistent payment requests from your child’s other parent, switching to the Office of the Attorney General eliminates confusion. This way, you can be certain of what has been paid and what remains owed.
Child support is based upon a set of guidelines as contained in the Texas family code. These guidelines create a predictable means for a court to order child support if you and your child’s other parent are unable to agree on your own. The guidelines calculate child support based on your net monthly income and apply a percentage according to the number of children involved. This calculation determines the amount you must pay to your child’s other parent.
Understanding Child Support Calculations and Guidelines in Texas
For instance, let’s say that your net monthly income is $5000. Additionally, you have one child before the court. Under the Texas child support guidelines, you will pay 20% of your net monthly income for one child. For each additional child, the percentage increases by 5%. If you have six or more children, the court will assess no less than 40% of your net monthly income for child support.
However, please bear in mind that these are only guidelines. These guidelines apply to families with average incomes and children without special needs. However, if your child has special needs, the court may order additional child support beyond the guideline amounts. This can occur if you and your co-parent agree that extra support is necessary or if a judge determines it based on the child’s needs. Or a judge may consider all the available evidence in a trial and then assess child support at above the guideline level.
If you need to argue for an above-guideline amount of child support, gathering sufficient evidence is crucial. Prepare a detailed record of consistent doctor bills, out-of-network visits, and a well-organized budget showing that your household cannot meet its needs without additional support. This evidence will strengthen your case as you navigate your Texas child support case.
Conclusion
In conclusion, the new Texas child support law, enacted through House Bill 393, represents a significant shift in how the legal system addresses the consequences of driving under the influence. By mandating that individuals responsible for a parent’s death due to DUI must provide child support for the surviving minor children, this legislation underscores a commitment to ensuring that the children affected by such tragedies receive the support they need. This law not only reflects a deeper sense of responsibility but also reinforces the state’s dedication to protecting the welfare of vulnerable children.
Closing thoughts on the new Texas child support law and its impact
Certainly, we can all agree that drunk driving and driving under the influence are significant issues in our state. It’s essential to take steps to discourage people from getting behind the wheel after consuming alcohol or substances that impair their ability to drive safely. There is a certain suddenness and violence to a car accident involving a drunk driver. This is especially true when a motor vehicle accident takes the life of a parent.
It will be interesting to see how this new law functions and how it impacts Texas families. We hope that this blog post has been entertaining and in my atoning. At the Law Office of Bryan Fagan, we aim to provide you with up-to-date information on the world of Texas family law.
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Other Articles you may be interested in:
- How to Choose the Right Texas Child Support Lawyer for Your Case
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- Examining the newest Texas law on child support enforcement
- New Texas child support law seeks to hold impaired drivers accountable
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