Texas Child Support

From LoveToKnow Divorce

Texas Child Support Laws Explained

The Texas child support laws provide a method for the courts to examine the financial circumstances surrounding both custodial and non-custodial parents in order to calculate the appropriate child support payment.

Texas Child Support

Requesting Child Support

The Texas Child Support Calculator is a useful tool to help custodial and non-custodial parents figure out how much child support is appropriate. However, it is up to the local court in your county to determine the proper amount for child support. Once a parent requests child support, the court will come up with its own calculations and issue the child support order.

Calculating Your Child Support

Before the court will calculate your Texas child support payments, the court will consider the following information:

  • Total gross income of both parents (This includes tips, bonuses, rental or investment income, lottery winnings, unemployment benefits, disability benefits, workers’ compensation, dividends, Social Security, and pension benefits.)
  • Spousal support paid or received
  • Court-ordered child support for children of other relationships
  • Health insurance costs
  • Childcare expenses
  • Extra education expense
  • Court-ordered arrears paid by the non-custodial parent

Modifying Your Child Support Order

The only way to modify your existing Texas child support order is to return to court and specifically request a modification. The parents cannot decide between themselves that they will modify the child support payments. If the parents decide between themselves that they wish to modify the child support payments, they must submit a stipulation to the court. The court must then approve the stipulation and issue the order modifying the child support.

Either the custodial parent or the non-custodial parent may request a modification, but there must be a material and substantial change in circumstances. This means there is:

  • A change in the custody of a child
  • A raise or cut in the income of either parent
  • Obligation of either parent to support other dependants such as children or elderly parents
  • Additional unexpected medical or educational expenses

If there is only a minor change in circumstances, such as one parent being between jobs, the court may be unlikely to modify the child support order. Or, the court may order a temporary modification.

Terminating Child Support

Texas child support laws state that both parents are required to provide support for their child until he/she turns 18 and graduates from high school, turns 19, dies, or is emancipated--whichever occurs first.

However, if your child suffers from a severe disability, then you may continue to receive or pay child support even after the child has reached the age of 18 or 19. If your child will continue to be dependant after age 18 or 19, you may return to court and formally request that the court issue an order to continue child support payments.

Enforcing the Child Support Order

To get your child support order enforced in Texas, go to your county Legal Division of Domestic Relations and fill out an Enforcement Application Form and Affidavit of Direct Payment Form. The attorneys and enforcement officers will enforce the court’s child support order by:

  • Suspending driver's licenses, hunting and fishing licenses, and professional licenses
  • Incarceration
  • Direct payroll withholding

Once you have applied for enforcement services through your local county government, there will be an immediate demand upon the delinquent parent to pay the child support obligation.

Collecting Your Child Support Payments

If the parent that is supposed to pay child support is self-employed, works for cash, or is not employed, it will take much longer for the state of Texas to enforce the child support order. In that situation, you have a better chance of enforcing the child support order by hiring a private collection company. These companies will retain a small percentage of the child support payment as their fee.

Useful Contact Information

  • Local Child Support Field Offices
  • To receive an application for Texas child support services, call toll-free (800)252-8014.
  • Automated Payment and Case Information: (800) 252-8014.
  • Child Support State Office: (512) 460-6000.
  • If you are deaf or hard of hearing, please call the Deaf Outreach Program at (800)572-2686 (TDD/TTY), or (512) 460-6417 (TDD/TTY).

 


Comments

My daughter was born 2/14/90. My daughter lived with my father her first 5 to 6 years of her life. (1990 to 1995-1996). I have paid child support to a woman that I lived with for a month, who did drugs and did not have the child living with her. In 1995-1996 my daughter lived with her aunt for several years thereafter (again, not with her mother). Yet, I have still paid child support to the mother. At the age of 13, my daughter was having sex and living with her boyfriend. At age 15, my daughter became pregnant. At age 16, my daughter had a baby. My daughter dropped out of school, lives with her boyfriend, has a child, and got married in October, 2007 (all before the age of 18). Yet I still have been paying child support to a woman that does?/did drugs, hasn't supported my daughter, and is still collecting child support to this day, because the State's records are all screwed up and indicate that I have an arrearage. How is it possible that she is not arrested/fined/jailed for receiving child support, when the child hasn't been living with her? Will this ever end?

-- Contributed by: Tim

Michelle,

I would suggest that your husband consult with a lawyer to find out what his rights and responsibilities are in this situation. The child moving out of the home and in with the other parent is a material change in cir...stances, and he may want to ask the Court to change the child support order to reflect this fact.

Jodee Redmond, LoveToKnow Editor

-- Contributed by: JCRedmond

My 16 year step-daughter just moved to live with her mother. My husband was told there would be a 6 month adjustment period before any modifications can be made. He was also told that he was not responsible for paying child support during this time and that his ex-wife could not ask for back child support after the six month waiting period. Is this true? We live in Houston, Texas

-- Contributed by: Michelle

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