Child Support

Child Support in Texas may create more arguments in the world of family law than any other single issue. It is one of the most significant points of contention in most divorces. Although most people have some awareness of how the system works, they often misunderstand the technicalities and subtleties of the system, which can be confusing. In many cases, the parties think they have agreed on an "uncontested" divorce until one or both spouses see the proposal in writing and begin to understand more about the system.

The first rule of Child Support in Texas is that the court may order either or both parents to support a child in whatever manner it believes to be in the child's best interest. In most circumstances, a parent can order the support until the child reaches 18 years of age or graduates from high school. If the child is disabled, the court can order indefinite pay for child support.

In considering the amount of child support to order, the court is prohibited, by statute, from assessing the sex of the person paying the support, the person receiving the support, or the child.

Also, it is impermissible for the court to consider the marital status of the child's parents. It means a parent can order child support in the case of parents who are still married or never married.

Texas Family Code

Despite what happens in the real world in most cases, the Texas Family Code allows judges the discretion to analyze Child Support from the standpoint of far more than a simple mathematical computation. Although quite often the Texas Child Support Laws contained in the Texas Family Code are considered as absolutes, in reality, the Code allows the court to consider factors including:

The age and needs of the child
The ability of the parents to contribute to the support of the child
Any financial resources available for the support of the child
The amount of time of possession of and access to a child
The amount of the obligee's net resources, including the earning potential of the obligee if the actual income of the obligee is significantly less than what the obligee could earn because the obligee is intentionally unemployed or underemployed and including an increase or decrease in the income of the obligee or revenue that they may attribute to the property and assets of the obligee
Child care expenses incurred by either party to maintain gainful employment
Whether either party has the managing conservatorship or actual physical custody of another child
The amount of alimony or spousal maintenance actually and currently being paid or received by a party
The expenses for a son or daughter for education beyond secondary school
Whether the obligor or obligee has an automobile, housing, or other benefits furnished by their employer, another person, or a business entity
The number of other deductions from the wage or salary income and further compensation for personal services of the parties
Provision for health care insurance and payment of uninsured medical expenses
Special or extraordinary educational, health care, or other expenses of the parties or the child
The cost of travel to exercise possession of and access to a child
Positive or negative cash flow from any real and personal property and assets, including business and investments
Debts or debt service assumed by either party
Any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents

Whether the court will consider these factors in any individual case of Child Support in Texas is a matter to be discussed with your attorney. Making a mistake on Child Support can cost you and your children your financial future. Entering an agreement on Child Support without competent legal counsel may be one of those mistakes

Here are some Beal Law Firm Resources that may help you with your Child Support questions:

Guideline Child Support: How it works

Child Support: Additional factors for the court to consider

What do I have to do if I get served?

Find other answers on our Resources Page and Blog