Parents can sometimes agree that paying no child support is needed. However, there are reasons why child support is ordered. For example, the State of Texas wants to hold parents accountable for supporting their children, and a parent may not be doing enough of their part if no child support is ordered.
Factor's a judge might consider when the parents argue no support is needed is comparing the parties' incomes. If the payment is similar, both parents can equally afford all the child's expenses and split those costs.
If both parents have 100% faith that the other parent will do their necessary part to support the child, a judge may consider no support being ordered. However, some factors and problems can result from this arrangement that most people will not believe. Understanding these can help gain more insight into what understanding is suitable for you and your children.
Best Interest of the Child
First, parents in a child support case will have to remember that all orders regarding their children will be made with their child's best interest in mind. This means that even if parents themselves agree to pay no child support, a judge may think otherwise and order it anyways. This is because many factors are considered when ordering child support. For example, the parent's financial situation, like one's ability to make payments and if the parent receiving the support need it; the number of expenses like medical, health, etc. of the child.
Texas Child Support Guidelines
If parents pay child support, determining the child support guidelines will use the amount of child support paid. This guideline will give you a good prediction of what you can expect to pay, and most states have variations of how much child support will be paid.
These amounts are determined by how many children are subject to the child support lawsuit at hand. Being "subject to the suit" means that the orders they are hoping to put in place will be with these children. Inlay terms, this means the actual children for whom the parent will be paying child support. For example, there are some instances where one parent may have three children, but only two are eligible for child support because one child has reached the age of 18. At the age of 18, or until that child finishes high school, child support stops.
Child support amounts may also be ordered in consideration if the parent has other children from another parent, not subject to the suit, that they are responsible for paying child support for. This means a parent may have children from different parents but still must pay child support to both of those other parents, and a judge will consider that when ordering an amount.
In most, the standard guidelines will be applied when considering a child support amount. They are determined by using a percentage (this percentage depends on how many children you will be paying support for) to the parent's monthly net income. The monthly net income is the parent's takeaway pay after all deductions have been made. Conclusions can be from federal taxes, social security taxes, Medicare, insurance premiums, etc.
The breakdown for what percentage of your net monthly income is as follows:
Number of Children
40% (at the least) of your net monthly income will be calculated for 4+ children. Now again, these percentages are only the "guidelines" for how much child support the State of Texas believes you should be paying for child support. There are instances where child support may be ordered at either above or below guideline amounts. The above and below guidelines for child support will not be discussed in this blog; however, they will be addressed in a subsequent blog pertaining specifically to these matters.
Beginning the Child Support Process
Beginning the child support process does not require that a private attorney be hired. Parents can go directly to the Attorney GGeneral'sOffice and apply for their services. However, the state of Texas and its attorneys will not represent either parent in the case because they represent the state only. This also means that parents will not have the right to select what enforcement actions are taken against them because the Office of The Attorney General will provide all the appropriate services. After all, their mission is to do what is in the best interest of the children. When referring to enforcements, this means that the attorney ggeneral'soffice can act on their own to "enforce" "the child support order they provided for the parents if it is not being followed.
If you have TANF (Temporary Assistance for Needy Families), and in some instances, Medicaid, the Attorney GGeneral'sOffice will automatically provide their child support services for you once your public assistance is certified.
All other parents who are not a part of these programs above must apply for child support services independently. Surprisingly, there is no fee for applications, and most services are free as well. Custodial parents or parents who receive child support who have never received TANF will only have to pay an annual fee of $25 each year if they receive at least $500 in child support. However, if you have more than one child support case, you will pay the annual fee on each topic.
This process seems reasonably quick. However, things may not always be that simple. The high volume of applications the Child Support Division of the Attorney GGeneral'sOffice receives from parents is exceptionally high. So much so that there is never a guaranteed date that child support payments will begin. Many cases will require a full range of services to be done, like finding an absent parent, establishing paternity, establishing an order, and enforcing it as well. It may take months, even years, for an order to be installed and much longer if the other parent is not paying, as they will have to proceed with enforcement.
Because of this, most parents will go the route of hiring a private family law attorney to assist them with their child support matters. Here the process is much different and can help you reach your goal of establishing child support quickly than going directly through the Attorney GGeneral'soffice.
How is Child Support Paid?
Most child support payments will be handled through the Attorney General of Texas, more specifically, the Texas State Disbursement Unit. The difference between the two is that the Attorney GGeneral'sOffice is more of a record-holder. They will be keeping track of all payments that have been made for child support and those disbursements. The Texas State Disbursement Unit can best be compared as the bank for the Attorney GGeneral'sOffice. The SDU (state disbursement unit) handles all payments and disbursements for fees.
So how does the SDU get payments? Generally, most people will have an Income Withholding Order in place. This means that your employer will be put on notice to set aside your required child support payments from the eemployees'checks and go to the SDU. However, some people will pay directly to the SDU, and one can use a wide variety of options. For example, there are pay by mail, pay by phone, money orders, etc. For more details about how one can make their child support payments, please visit the Attorney's GGeneral'swebsite: https://www2.texasattorneygeneral.gov/cs/payment-options-and-types.
Informal Child Support
While most people will use the state resources to pay child support like the SDU, parents will often agree to pay child support informally or directly to the other party. The only downfall with this is that the SDU and Attorney General are there to help record all payments, which cannot be done when child support is paid informally. This can become a problem if one parent claims they are not receiving child support payments, when in fact, they were. Avoiding problems and limiting contact help ensure that child support payments are made on time and kept a record of.
What If Parents CCan'tAgree?
If parents cannot agree to pay any child support or pay a certain amount of child support, then the fallback for child support will always be calculated using the state guidelines. Once again, child support is considered in the cchild'sbest interest because it pays for their necessities (shelter, food, clothing) and can even be budgeted to support any additional expenses like education or extracurriculars.
In summary, having a child support order enforces accountability on the parent ordered to pay. It will ensure that you are receiving the support your child requires. While there may be rare cases where child support is not requested, most courts will shy away from this method because they ddon'tbelieve it is in the cchild'sbest interest. Understanding the protections being on a child support offers will maybe help clarify what route you want to take when ensuring your child has the available resources.
If you have remaining questions about child support and would like to meet with a qualified attorney to discuss your options, please call our office to set up a FREE 30-minute consultation with our law office. I appreciate your attention to this blog.
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 are an excellent way for you to learn more about the world of Texas family law and how your family circumstances could be impacted by the filing of a divorce or child custody case.
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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 is Child Support Calculated in Texas?
- 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?
Law Office of Bryan Fagan, PLLC | Houston, Texas Child Custody Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding child custody, it's important to speak with one of our Houston, TX child custody lawyers right away to protect your rights.
Our child custody lawyers in Houston, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles child custody cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.