Child Support in Texas
Under Texas law, both parents are required to provide support for their children. However, in divorce cases, typically, one parent is designated as the custodial parent, and the other as the non-custodial parent. In most cases, the non-custodial parent, who spends less time with the child (or children), pays child support. The parent obligated to pay child support is called the “obligor,” and the parent entitled to receive child support is called the “obligee.”
Calculating Child Support Payments
The Texas Guidelines determine 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 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’s medical and dental expenses, education costs, or special needs. It may also cover travel costs for parents when they must travel to visit their child.
Exceptions
As per Texas Family Law, child support generally ceases when the child turns 18 years old or completes high school, whichever comes first. There are some exceptions:
- If an adult child suffers from a physical or mental impairment requiring continuous medical attention, support can continue indefinitely. Courts consider the child’s present and future medical needs, financial resources of each parent, and other financial aid programs available.
- If the child is legally emancipated before 18. A minor may become emancipated at 16 or 17 through marriage, joining the U.S. military, or petitioning the court for release from parental control.
- Other scenarios include the child’s death or if the parent paying support has a major medical emergency.
Be aware that once the child reaches 18 or completes high school, child support does not automatically cease. Contact your attorney to review your final payment and confirm that support will end. A stop payment may be issued, or a notice to stop withholding income may be sent to your employer.
Modifying Child Support Orders
If a child support order has been established and circumstances change, either parent can request a modification. Reasons may include:
- A parent loses their job or experiences a decrease in income
- A parent receives a raise or promotion
- A child’s medical, educational, financial, or psychological needs change
- Changes in financial resources and debts
- Changes in 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 overwhelming. At Kamal Law Firm, we have the experience and capabilities to defend your rights and those of your children. Feel free to contact us for your family law needs.
