When divorce involves children, numerous inquiries arise concerning child support: Who bears the financial responsibility? How is the amount determined? When does the obligation commence, and when does it conclude? What is the procedure for making payments?
This blog serves as an informative resource, offering insights into the realm of Texas child support. Additionally, it delves into key considerations that can prove invaluable when navigating the complexities of child support decisions.
There is a common misconception in the public sphere that, during a divorce, the father will invariably be assigned the role of paying child support. However, it's essential to clarify that there is no legal mandate for such an arrangement. In fact, the law explicitly states that the court may order either or BOTH parents to provide financial support for their child (Tex. Fam. Code §154.001(a)).
Furthermore, the law takes a crucial step forward by emphasizing that child support determinations should be made without consideration of the gender of the paying parent, the receiving parent, or the child, as well as without regard for the parents' marital status (Tex. Fam. Code §§154.010(1)-(2)). While these provisions provide valuable guidance, they may leave the question of 'who pays?' somewhat open-ended. To shed more light on child support guidelines, it's essential to delve deeper into this matter.
Child support aims to ensure that a child enjoys a similar standard of living in both parents' households. While the allocation of conservatorship roles does not automatically designate the payer of child support, it's typically the non-primary parent (as determined by conservatorship) who assumes the role of 'obligor,' or the parent responsible for child support payments. However, in cases where the primary parent has a significantly higher income than the non-primary parent and both share custody, the higher-earning parent may be directed to make child support payments.
The Texas Family Code contains invaluable guidelines, complete with precise calculations, to ascertain child support payments. These calculations are primarily based on the obligor's income and financial resources. It's crucial to understand that these child support guidelines are grounded in the principle that they serve the best interests of the child and have remained relatively unchanged since 1989.
The Texas Family Code plays a central role in establishing these guidelines for child support determinations (Tex. Fam. Code §154.125(b)). The process typically begins with the assessment of the obligor's monthly net resources. From there, a specific percentage is applied to these net resources, a percentage that is determined by the number of children involved in the child support arrangement. These guidelines are a cornerstone of ensuring fair and just child support agreements, ultimately prioritizing the well-being of the child.
First, the obligor’s monthly net resources must be determined, then the following percentage is applied to the net resources to determine the exact amount of child support owed based on the amount of children to be supported as part of a child support agreement:
|
# of Children |
% of Obligor’s Net Resources Owed |
|---|---|
|
1 |
20% of obligor’s net resources |
|
2 |
25% |
|
3 |
30% |
|
4 |
35% |
|
5 |
40% |
|
6+ |
Not less than the amount for 5 children |
Effective from September 1, 2021, the Texas Family Code introduced additional guidelines tailored to low-income families (Tex. Fam. Code §154.125(c)). It's important to note that these new guidelines don't replace the existing ones mentioned earlier; instead, they supplement them. These supplementary guidelines are specifically designed for obligors whose monthly net resources amount to less than $1,000.00.
In such cases, the court is mandated to presume the application of the following schedule to ascertain the appropriate level of child support:
|
# of Children |
% of Obligor’s Net Resources Owed |
|---|---|
|
1 |
15% of obligor’s net resources |
|
2 |
20% |
|
3 |
25% |
|
4 |
30% |
|
5 |
35% |
|
6+ |
Not less than the amount for 5 children |
If the obligor is already paying child support for children from a different relationship, the calculation of the appropriate amount of child support must follow a distinct set of rules. The law specifies alternative methods for determining child support in these circumstances, as outlined in Tex. Fam. Code §§154.128.
Alternatively, if one chooses not to employ one of the alternative methods detailed in §154.128, child support in such cases may be computed by applying the following percentages to the obligor's monthly net financial resources, as stipulated in Tex. Fam. Code §154.129:
(% of Net Resources of Obligor)
|
NUMBER OF CHILDREN BEFORE THE COURT |
||||||||
| NUMBER OF OTHER CHILDREN FOR WHOM THE OBLIGOR HAS A DUTY TO SUPPORT | 0 | 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| 0 | 20.00 | 25.00 | 30.00 | 35.00 | 40.00 | 40.00 | 40.00 | |
| 1 | 17.50 | 17.50 | 27.38 | 32.20 | 37.33 | 37.71 | 38.00 | |
| 2 | 16.00 | 20.63 | 25.20 | 30.33 | 35.43 | 36.00 | 36.44 | |
| 3 | 14.75 | 19.00 | 24.00 | 29.00 | 34.00 | 34.67 | 35.20 | |
| 4 | 13.60 | 18.33 | 23.14 | 28.00 | 32.89 | 33.60 | 34.18 | |
| 5 | 13.33 | 17.86 | 22.50 | 27.22 | 32.00 | 32.73 | 33.33 | |
| 6 | 13.14 | 17.50 | 22.00 | 26.60 | 31.27 | 32.00 | 32.62 | |
| 7 | 13.00 | 17.22 | 21.60 | 26.09 | 30.67 | 31.38 | 32.00 | |
Effective September 1, 2019, the aforementioned guidelines come into effect when the obligor's monthly net resources do not exceed $9,200. This signifies the upper limit for applying these calculations, even if the obligor's income surpasses this amount.
The maximum income threshold used in the child support guidelines undergoes adjustment every six years to account for inflation. These adjustments are published in the Texas Register during the same year before taking effect. Therefore, the next increase in the maximum allowable income for calculation purposes will occur in 2025 and become effective on September 1st of the same year, as stipulated in Tex. Fam. Code §154.125(a-1).
Furthermore, the Family Code provides an opportunity to reach an amicable settlement and child support agreement. Parties may enter into a legally binding written agreement for child support that deviates from the guidelines outlined above. If such an agreement is determined to be in the best interest of the child, the court will issue an order in accordance with this agreement, as detailed in Tex. Fam. Code §154.124(a)-(c).
Child support disbursement initiates on the specified start date outlined in the Final Decree of Divorce, marking the official conclusion of divorce proceedings. These payments are obligated to continue until the support obligation is fully met.
In cases where temporary orders are issued to determine arrangements while the divorce is pending, interim child support is typically mandated during this period. The start date for interim payments is designated within these temporary orders and generally ceases once the judge signs the Final Decree, unless otherwise specified. A well-drafted Final Decree should ensure that the interim support concludes concurrently with the initiation of the final child support, eliminating any gaps in support obligations.
The obligation to provide child support remains in effect until one of the following events occurs, as delineated in Tex. Fam. Code §154.001(a):
However, if the child meets the legal criteria for disability, child support may be required for an indefinite duration, as indicated in Tex. Fam. Code §154.001(a)(4).
What Is the Child Support Payments Process Like?
Unless mutually arranged otherwise, child support payments must be remitted to the state disbursement unit (SDU) within the Office of the Attorney General (OAG), as dictated by Tex. Fam. Code §154.004. These payments are expected to be received no later than the first day of each month, unless an alternative date is established through mutual agreement between the involved parties within a child support agreement. Upon receipt, the OAG diligently records the payment before disbursing it to the custodial parent.
In many cases, an Income Withholding Order (IWO) is issued as part of the divorce proceedings. This order obligates the obligor's employer to withhold the designated child support amount from the obligor's wages and subsequently transmit it to the SDU for processing. Should the parties come to an agreement, the IWO may be temporarily suspended until a delinquency arises. However, if the court mandates child support without mutual consent, the IWO becomes mandatory, as stated in Tex. Fam. Code §154.007.
When discussing child support services and payments, it's essential to consider various factors that can impact the agreement. These include insurance, visitation laws, and additional coverage for child care expenses and miscellaneous costs, all of which play a significant role in forming a comprehensive child support arrangement.
Medical and Dental Insurance: Child care expenses encompass additional considerations within the realm of child support services. According to the law, parents are obligated to provide medical and dental insurance for the child, with the obligor responsible for covering these costs (Tex. Fam. Code §§154.181, 154.1815, 154.182, 154.1825). If the non-paying parent has insurance available for the child through their employment, the obligor pays "cash medical support" to the other parent for this coverage. Any medical or dental expenses not covered by insurance are typically divided equally between the parents upon presentation of receipts.
Overlap of Support and Visitation: It's important to note that the law treats visitation separately from support. A court order for child support may not be contingent upon whether the other parent allows the obligor to have possession of or access to the child (Tex. Fam. Code §154.101). This means that child support must be paid in full and on time, even if visitation is denied by the non-paying parent.
In cases where parents share custody equally, with each parent having equal time with the child, they may agree to forego child support, provided that such an arrangement is in the child's best interest and includes medical and dental coverage as part of the support payments.
Extra Areas of Support: Families are unique, and what matters most to them can differ. Parties can agree outside of court to include additional child support obligations in a divorce decree, even if they are not explicitly covered by the Family Code. These extra child support agreements should be considered alongside other forms of support.
Common examples of these "extras" that one parent may agree to cover in divorce settlements include extra-curricular activities, sports involvement, car purchases for the child, payment of car insurance, summer camp costs, private school tuition, college or graduate school expenses, regular contributions to a college savings plan, and support for religious or culturally significant events like bar/bat mitzvahs, quinceañeras, or confirmations.
Any agreement included in the final decree is enforceable as long as it is categorized as an additional child support obligation. It's advisable to include detailed terms to minimize interpretation discrepancies in cases involving child support enforcement and court-ordered child support.
Our Expert Texas Child Support Attorneys Can Help You
When facing a divorce involving child support matters, it's crucial to have a seasoned Texas family law attorney by your side. Such an attorney can skillfully navigate the intricacies of child support guidelines, ensuring that your child support payments adhere to legal requirements and are fair in accordance with the law.
An experienced divorce attorney serves as your dedicated advocate throughout the divorce process, providing invaluable assistance in determining child care expenses and managing the disbursement of child support.
At Ball Morse Lowe , our team of family law lawyers specializes in guiding individuals through the complexities of divorce and helping them devise child support agreements that serve the best interests of all parties involved. We invite you to reach out to our office at 877-508-4265 to discover how we can offer comprehensive legal support and advice during this challenging period.
Please note that the information and materials presented in this blog are intended for informational purposes only and should not be considered a substitute for legal advice.