By Kamal Law Firm PLLC
Under Texas law, both parents are required to provide support for their children. However, in divorce cases, typically, it is decided that one parent is the custodial parent, and the other will be the non-custodial parent. In most cases, the non- custodial parent is the parent with the least amount of time with the child (or children) and pays child support. The person who is obligated to pay child support is called an “obligor” and the person entitled to receive child support is called the oblige”.
Calculating Child Support Payments
The Texas Guideline determines how child support payments are calculated.
These payments are generally paid by the higher-income parent to the lower-
income parent to provide for necessities such as housing, utilities, food, clothing,
health care, and other essentials.
In general, the Texas Child Support Guidelines calculate child support payments
based on:
● The number of children
● Parental income
● How much time the child spends with each parent
● Health insurance requirements for the child
● Other relevant costs (which could include daycare and travel).
In addition to the periodic support payment, a court may order the “obligor” to make contributions to the child medical and dental expenses, education costs, or
special needs. It may also be ordered to cover travel costs for parents when they
must travel to visit their child.
Exceptions:
As per Texas Family law Texas, child support ceases when the child turns 18
years old or when they finish high school, whichever comes first.
There are, however, some exceptions to this rule.
In the first instance, when an adult child suffers from an impairment of physical or
mental nature that requires continuous medical attention and support for children
can be continued indefinitely. The law states that the court will take into
consideration the adult child's present and future medical requirements as well as
the amount of medical care that each parent is required to provide, the finances, as
well as other programs that offer financial aid to help care for the child with a
disability.
The other exception is if the child is legally emancipated before 18. A minor may be
eligible to become eligible to be emancipated at the age of 16 or 17 through
marrying or joining or joining the U.S. military or through petitioning the court to be
released from parental control.
Other scenarios include the childs death or if the parent paying the bill has a major
medical emergency.
Be aware that once the child attains the age of 18 or completes high school, the
child support will not automatically cease. Contact your trusted attorney when you
review your final payment and confirm that you will no longer pay child support.
There, either a stop payment may be issued or a notice to stop withholding income
be sent to your employer.
Modifying Child Support Orders
If after a child support order has been established, the need arises for there to be
changes made, there is still an opportunity to modify it. Either parent can request a
child support modification if you can prove that your circumstance has changed
since the original order.
Some of the reasons for this include:
● A parent loses their job or their income decreases
● A parent gets a raise or promotion
● A child’s medical, educational financial, or psychological needs change
● Financial resources and debts
● The time the child spends with each parent
Get In Touch with Our Family Law Firm
The process of divorce and child support can be very overwhelming. At Kamal Law
Firm, we have the capabilities to defend your rights and those of your children.
Feel free to contact us for your family law needs.