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During your divorce proceedings, there are many adjustments to navigate, including adapting to either paying or receiving child support. In today’s blog post, I’ll discuss this from the perspective of the parent responsible for paying child support. It’s crucial for this parent to fulfill their obligation by making timely and complete payments. While the specifics of each case vary, the underlying motivation remains consistent: to ensure that the essentials for the child are adequately provided. Furthermore, within the divorce process, you may encounter temporary orders for child support, delineating financial responsibilities until reaching a final agreement. These orders actively bridge the gap, ensuring the child’s needs receive fulfillment during the transition period.

You may currently be paying some form of child support to your Co-parent. Although you had not been to court yet you all may have settled upon a certain number of child support dollars he paid per month to allow for you to contribute monetarily to your child’s upbringing. In your divorce case, either you or a family judge will agree upon or establish temporary orders at some point. Those temporary orders will likely contain provisions for the payment of child support. Rather than having two adjust child support each month based on changing circumstances, you will have the ability to know in advance what you will owe in child support each month.

The benefits of predetermined child support

Although paying child support may appear to limit your freedom and autonomy, having a predetermined monthly amount benefits all parties by providing clarity and predictability. For one, you will not have to renegotiate this subject every so often with your Co-parent. Has it ever happened that your Co-parent has asked you for more money because your child has run into additional costs or he or she had an issue with their income? You might have had to swiftly adapt your budget to accommodate his or her demands.

With a court order in place, you must now fulfill what you agreed upon in mediation or what the judge mandated. Gone are the days of wandering from week to week what you may have to end up paying in child support and instead you can focus on raising your child as best you can and attending to your own, changing circumstances and living situation. If you are in the middle of a child custody or divorce case enough we are still in a pandemic and your job situation may be up in the air. By understanding what she will own child support on a month-to-month basis you can better prepare for your financial needs month over month.

Ensuring visitation rights

Next, you have an assurance through the family laws of Texas that even if you are unable to pay child support each month that your Co-parent cannot withhold Visitation. I’ve observed numerous instances where a parent with an informal child support arrangement with the co-parent tends to withhold visitation for little or no reason, often due to issues related to child support. These issues can range from the failure to pay child support wherein the receiving parent wanted it or even for no reason at all. It is the law in Texas that the failure to pay child support is not an excuse to withhold Visitation.

All in all, child support is just another area of your life that you will have to become familiar with as you grow until living in a divided household. Today, I’d like to explore simple and efficient ways to meet child support obligations. Let’s specifically explore the purpose of child support, the payment process, and where payments are directed if not directly to your co-parent.

What is child support intended to do?

Child support aims to bridge the financial gap between you and your child’s co-parent in terms of the expenses incurred in raising the child. The assumption is that if your child resides primarily with your co-parent, they incur more expenses for the child’s essential needs. Hence, child support aims to partially equalize this, allowing both you and your co-parent to play significant roles in your child’s upbringing. Keep in mind that the state of Texas requires both parents to support your child from a financial standpoint.

Understanding standard possession orders and visitation rights

If you have Visitation rights to your child then you likely live under something similar to a standard possession order. A standard possession order allows for you to have your child around 45% of the year. This is pretty impressive considering how a typical school year is 9 months long in your Co-parent he’s able to spend almost every school night with your child.

Child support essentially aims to balance the financial responsibilities between you and your co-parent based on the time each of you spends with your child. It aims to address your child’s basic needs, although it may not maintain the same standard of living as before the divorce. Child support primarily covers essentials, excluding expenses like medical costs and school tuition. Similarly, it does not substitute for special maintenance or other costs associated with your co-parent’s life.

Monitoring child support spending and legal limitations

Many parents have asked about ways to monitor how their co-parent spends money. In these folks’ minds, there will be some method to keep track of the spending of these parents who receive child support and how they utilize the money. More this is a note that I’ve had more than one person asking about the reality that the state does not actively keep up with how your parent utilizes the Child Support payments.

Additionally, there is no way to pay child support directly to your child. For starters, as a minor, your child is not legally able to own anything. Technically speaking you and your Co-parent owns everything that has your child and our responsibility for doing so in the best interest of your child. That responsibility holds with child support, as well. Your co-parent must prioritize your child’s best interests in all aspects, including spending and utilizing child support.

Child support is intended to be paid through the office of the attorney general

If you’ve ever paid child support before a court order, you likely paid it directly to your co-parent. While this might have seemed like the most efficient method, it could have caused issues. For instance, has your co-parent ever asserted that they didn’t receive the full payment, or that it wasn’t made at all? Even if he did so with a check he still may run into issues with having to prove your case to him or her.

Temporary orders and child support payment procedures

Once you enter the temporary orders phase of your case, direct payment of child support is no longer accepted. You won’t receive credit for making direct payments to your co-parent. Instead, the Office of the Attorney General acts as a clearinghouse for child support payments. It’s highly likely that you’ll be ordered to make payments through this state office.

The Child Support division of the Office of the Attorney General functions as the clearinghouse for child support payments made in Texas. When a child support payment is made, the Office of the Attorney General processes the payment, updates your account, and then transfers the funds to your co-parent’s bank account for the benefit of your child. You will receive credit for the payment made and can check on the status of your account online under an account that you create.

Eliminating disputes: Child support payment transparency

This setup eliminates any potential disputes or ambiguity surrounding child support payments. Your co-parent cannot accuse you of non-payment or partial payment. Instead, if disputes arise, you can easily access payment information on the attorney general’s website.

Your employer sends payments directly to the Office of the Attorney General through a wage withholding order, which requires a judge’s signature after your child custody or divorce case. The judge reviews the order, stipulating that your employer must withhold a set amount each month to fulfill your child support obligation. The frequency and amount of withholding are tailored to your individual case and circumstances.

How much child support will you have to pay?

Early on in your divorce case, it’s crucial to address the question of child support promptly. Creating a budget and adjusting to new financial circumstances takes time, ensuring you can provide for yourself and your child effectively. Fortunately, determining your child support obligations is often straightforward in Texas. The state’s family code provides guidelines for calculating child support based on a percentage of your net monthly income, ranging from 20% to a maximum of 50%. This allows for a quick estimation of your child support obligation.

Determining your net monthly income can be the most challenging aspect of the process, considering factors such as various income sources, employment status, and disability benefits. Your attorney and your spouse’s attorney may need to collaborate extensively to calculate this accurately, particularly if you have income from multiple sources. If you believe your income situation is atypical, it’s crucial to discuss it with your attorney and provide detailed information and sources of your earnings.

Special circumstances like having a disabled child, a disabled spouse, or a child with certain medical needs may end up increasing the amount of child support that you have to pay. Keep in mind that a judge will not order you to pay child support that you do not have within your budget to pay. Both sides in a divorce or child custody case will submit budgets to the judge so that he has an understanding of what you can pay in what your Co-parent needs to run a household efficiently. As such, it is important for you to get a handle on your finances and to create a personal budget for yourself sooner rather than later after you know that a family law case will be on your doorstep.

Could your child support orders from the divorce be extended to after the divorce?

The purpose of this question is to determine if temporary child support orders might become permanent after your divorce or child custody case concludes. In Texas family law cases, there are two main phases: temporary orders and final orders. Temporary orders prepare you for life post-case and establish ground rules during the proceedings. Many assume they can rectify mistakes from temporary orders during final orders. However, final orders often mirror temporary ones.

Therefore, your best approach is to negotiate vigorously for temporary orders to ensure favorable final orders. Specifically for child support, this entails ensuring accurate calculation of your net monthly income. Compare how your co-parent calculates it to your own method. If significant differences arise, discuss them with your attorney to avoid any errors. This is the most critical area of the calculation of your child support and you should not skip any steps when it comes to its calculation.

Otherwise, child support can be a fairly straightforward aspect of your child custody or divorce case. That does not mean that it isn’t emotional or contentious at times about the basis of child support as well as its calculation can be fairly straightforward. If your family circumstances are atypical and require special consideration in your family law case, consulting with an experienced family law attorney is crucial to understand how these factors may affect your case. Asking questions at the beginning of a case may save you from making mistakes that are critical at the end of a case.

Conclusion

Navigating child support obligations during a divorce demands a keen understanding of both financial responsibilities and the overarching goal of ensuring the well-being of the child. Whether you’re the paying or receiving parent, timely and complete payments are paramount to safeguarding the child’s necessities. During the divorce process, temporary orders for child support may be established as a vital interim solution to address immediate financial requirements until a final agreement is reached. By prioritizing the child’s welfare and adhering to legal obligations, parents can navigate this aspect of divorce with clarity and compassion, laying the foundation for a smoother transition into the new family dynamic.

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 consultation six days a week in person, over the phone, and via video. These consultations go a long way towards helping you learn more about family law in Texas but also how your life could be impacted by the filing of a child custody or divorce case.

Bryan Joseph Fagan( Attorney )

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.

Temporary Child Support in Texas