Child support is an emotional and complex subject. It is emotional because it deals with money used to pay for items associated with your child. At the same time, it is complex because it considers a number of elements in its calculation. Not only that, but child support is also a process- not just a payment. You cannot be satisfied with understanding only a portion of this subject. Whether you are paying or receiving child support your child deserves your attention on this topic. On top of that, you deserve to enter this process with the most information possible. Avoiding mistakes related to child support is key.
Today’s blog post from the Law Office of Bryan Fagan relates to three of the biggest mistakes that you can make regarding child support. Without assistance during your child custody or divorce case, there are many mistakes that you can make. Consider that families who have attorneys achieve greater success. The attorneys with the Law Office of Bryan Fagan are ready to help you and your family. Take the first step towards family law success by scheduling a free-of-charge consultation with our office today.
Failing to make payments on time
Child support is paid monthly- for the most part. True, your family may create its own schedule. Contrary to what many people believe family courts do not dictate terms to its parties. Rather, you and your co-parent will have the final say as long as you can agree. When you cannot agree that is when the family court will step in to issue orders. Until then, you and your co-parent hold all the cards. Meaning that you can create a payment schedule for child support that accounts for your specific wants.
However, most people reading this blog post can expect to pay child support once per month. Usually, child support is due on the first of the month. A wage withholding order is set up which withholds a certain amount from your paycheck(s) each month. Then, that money is sent through the Office of the Attorney General to your co-parent. Even though the child support touches more hands than just yours it is your responsibility to ensure no mistakes occur.
That means checking with your co-parent each month to make sure the money is received. You can also create an account for yourself on the Office of the Attorney General’s website to verify the receipt of payments. Again, not paying child support on time each month can easily happen. This is true even if there is a wage withholding order in place. Also, many people assume that the Office of the Attorney General cannot make mistakes when paying your co-parent. That, too, is a mistaken belief.
What are some situations where failing to make payments on time can lead to mistakes?
There are an ample number of situations in which mistakes can be made due to not paying on time. The first is reasonable enough. You have just lost your job. That wage withholding order that we just finished discussing is no longer viable. Your former employer cannot withhold wages any longer because you no longer work there. As a result, you are going to miss your deadline and not pay on time. This is a mistake. Even though you are scrambling to find new work it is still your fault, technically.
If you do not pay child support on time because you lost your job that is understandable. However, just because something is understandable does not make it ok. That will count as a mistake in your case. A mistake will lead to profoundly bad outcomes for you, personally. It will also put your co-parent and child in a bind. Contrary to what many parents believe, child support is almost always used for something relating to your child. Even if the money is not used for something that only benefits your child it may go towards rent, food, or other necessities.
You may also not pay child support on time because of some issue with the Office of the Attorney General. They may have some information for you incorrectly. This can cause them to hold onto a child support payment longer than they ought to. In turn, this results in a late payment of child support. While we are on the subject- what can happen to you if you pay child support late? Are there consequences? If there are consequences, what can you do to avoid those bad outcomes?
What is the consequence of making a mistake when it comes to child support?
When it comes to facing consequences for child support mistakes, there are many. Generally speaking, when mistakes or violations are made regarding a child support order that means facing an enforcement. An enforcement is a type of family law case. If you miss a child support payment (or several) your co-parent may file an enforcement petition against you. This is a significant situation for you to consider. It is certainly not something that you can afford to overlook.
Enforcement petitions seek to identify all of the violations of a court order which have occurred. From there, those violations can carry penalties. Examples of these penalties include fines, make-up visitation, or even jail time. Yes, you read that correctly. Especially with the failure to pay child support a jail sentence is not out of the question. This is especially true for those of you who have missed many child support payments.
Want to avoid the possibility of jail time in your child support case? Work with an experienced attorney at the Law Office of Bryan Fagan. Our attorneys know how to guide parents in your position. We take seriously the responsibility of caring for and advising our clients. A free-of-charge consultation can be yours with a phone call. We are here to serve families in difficult circumstances.
Not paying the full amount of child support
Another serious mistake that may be made is failing to pay all of the child support owed. In your child support orders, you will have a very specific amount of money listed that you need to pay each month. It will not be a mystery to you what is owed. The number may not be a round number but it will be provided to you in the order. Your responsibility is to pay that amount of money as frequently as you are told to. Most likely this means paying child support once a month.
There are basically two categories of reasons why you could fail to pay all the child support owed each month. Category number one is an understandable, nonpurposeful mistake. This includes a situation where your company does not withhold enough money for you. Again, this can happen. People make mistakes. Or, you could lose your job outright. This means that you just don’t have the money to pay child support that month. People lose their jobs all the time. However, even a “good” excuse may not be enough to avoid an enforcement case.
Additionally, there are mistakes that result from purposefully bad conduct. Not paying all your child support because you want to save up for a bass boat. Failing to make all your child support because you are upset at your ex-spouse. These are reasons why you may not pay all your child support. However, these are reasons that will surely end up with you in court at some point. Making a mistake in child support for a good reason is one thing. However, it is an entirely different situation to make a mistake on purpose.
What to do when you find that you cannot pay your child support on time and in full?
Should you go into full panic mode if you cannot pay all your child support in a given month? Absolutely not. It is not a good thing to find yourself in this kind of position. Nobody wants to face these kinds of circumstances. In many ways, it isn’t even fair to call this a mistake of child support. Losing your job, getting sick, or having an emergency come up cannot fairly be called a mistake. At the same time, it still counts as a missed child support payment. Evidence as to why it should not be held against you is one thing to consider, however.
When you find yourself unable to pay all the child support at the first of the month it is time to have a plan. Do not presume that this is going to be something that you can explain easily to your co-parent. First, you should contact your co-parent. Address the situation with her. Be contrite. Understand that you are the one responsible for paying child support. The failure to pay child support is something that is your mistake. Make sure that you do not put that mistake on the shoulders of your co-parent.
Sometimes your co-parent will understand. She may work out a payment plan with you to get squared away. You would be surprised to find out just how understanding someone can be when you are clear with him or her. Hiding your inability to pay is not something that is advisable. This is almost surely something that will upset and frustrate your co-parent. Paying even a portion of the child support owed is better than nothing.
Purposeful underemployment and unemployment a mistakes to avoid
What if you really don’t want to pay child support? You are so frustrated with your co-parent that you will do anything to avoid paying child support. When you are desperate you make desperate decisions. Some parents will go so far as to become purposefully unemployed or underemployed to avoid paying child support as they should.
Let’s address purposeful unemployment first. This is an example of “cutting off your nose to spite your face.” In order to avoid paying your co-parent child support you purposefully stop working. That means you quit your job and refuse to find replacement employment. The idea is that if you do not have an income then you do not pay child support. The thing is, you will pay child support even if you do not have an income. A court would base your child support on a person earning minimum wage.
However, if the judge comes to find out that you purposefully become unemployed then this is an even bigger mistake you can make with child support. Consider if you are in sales but do not want to pay child support. You could stop working for a period of time. All the while, you still have commissions coming in that you hope your co-parent would never find out about.
This is not likely to work out in your favor. It’s likely your co-parent will bring to the court’s attention your history of earning a good income. Judges who find out about purposeful unemployment do not set child support at the minimum. You will be admonished, penalized, and then strongly suggested to find a replacement job. The child support set in your case is likely to be based on your former income.
Is underemployment a mistake that can be made in your child support case?
Now put yourself in the following situation. You are a salesman who is accustomed to working all the time. You have accounts all over the state of Texas. Your hours worked generally equate to a significant amount of income for your family. In short, you do not struggle when it comes to finances.
The only concern you have for your family at this point is how much child support you need to pay. Ideally, you would pay money to a third party to benefit your child. Without that option, you are considering how to proceed when it comes to handling your responsibility. You love your child dearly. However, you do not trust your co-parent.
Now that the family law case is ending you make a bold decision. That decision is to pass off half your accounts to another salesman at your office. The purpose of doing this is to ensure that you do not have the income you used to. In turn, you will pay less child support. What kind of result with this gain for you?
In short, not a great one. Your spouse is aware of the income you have earned over the years. She is the “money” person in the relationship. Meaning that she is the spouse who pays the bills. As a result, she is very aware of your income. That you now earn less is suspicious. Expect that you will be found out and penalized for your actions.
Keep track of your child support payments
Even if the Office of the Attorney General keeps track of all your child support payments that does not mean that you should not keep track of those payments yourself. It is up to you to have a complete record of payments. If nothing else, you can keep these somewhere just in case your ex-spouse decides to cause a problem for you. Suppose that she argues that you missed a child support payment for four straight months. What would you do if you didn’t keep a record of your payments?
Child support is a subject where, if you are a noncustodial parent, you cannot really play offense. That is, once child support is ordered your best bet is to keep track of your payments in preparation for your spouse causing issues. Defense is the name of the game as a parent paying child support. Playing offense is reserved for the family law case itself. Being able to show a judge that your income is what you say it is matters a great deal.
Proper record-keeping does not need to be complicated. The work you put in to stay organized now can and will pay dividends later. If you need to defend yourself from an enforcement case this evidence will need to be handy for you. Nobody likes to stay organized for an event that may not happen. However, this is a “just in case” type of situation for you to consider. If you do need to proceed into an enforcement (or modification) case you should have this evidence handy.
Final thoughts on mistakes in child support cases
Mistakes can happen in a child support case. What makes these mistakes more complicated are the consequences of having made them. Avoiding mistakes is not always easy, however. Working with an experienced Texas family law attorney can be the key to your success. Thank you for joining us today on the blog for the Law Office of Bryan Fagan. Our attorneys post unique and informative blogs seven days a week.
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.
