Child Support in Texas (PDF)

Child Support Tex. Fam. Code 154 1  Suits for child support An original suit for child support will also determine conservatorship if the child is under 18 years of age. The parent who is not named the primary conservator (either primary JMC or SMC) wil...

Child Support Tex. Fam. Code 154 1  Suits for child support An original suit for child support will also determine conservatorship if the child is under 18 years of age. The parent who is not named the primary conservator (either primary JMC or SMC) will be ordered to pay child support. Both parents may be required to pay. Child support will typically be determined by the statutory guidelines (presumed to be in the best interest of the child), if obligor’s net income is below $9,200.00. Separate guidelines if obligor’s net income is below $1,000. If net income is greater than $9,200.00 the guidelines do not apply. Survive the death of the obligor. 2  Continuing Exclusive Jurisdiction A final order in a SAPCR will trigger a court of continuing exclusive jurisdiction. Some children will be the subject of a child support order and then years later the parents will divorce —always run parties names before filing for divorce. 3 Jurisdiction & Possession Remember that in order for the court to award child support, it must have personal jurisdiction of the intended obligor. Also remember that possession and access cannot be conditioned on the payment of child support. 4  Income Net Income, not gross. Tex. Fam. Code §154.062 Determine all mandatory deductions in order to get to net. Spouse not considered for determining income (either contributing to or deducting from). Child support received from another obligor IS considered for determining income. Presumed Wage Tex. Fam. Code §154.068 (not if incarcerated) Intentional Unemployment or Underemployment—court can apply based on your earning potential. Tex. Fam. Code §154.066 5  What Constitutes Income? Salary Dividends, Royalties, Capital gains Bonuses Rental income Overtime pay Social Security Benefits Perqs (parking, fuel Unemployment benefits reimbursement, car, cellphone) Disability/Workers Comp Severance, pension Alimony Interest Income Winnings (Lotto, Child support received Gambling) 6  Mandatory Deductions Social Security Taxes; Federal Income Taxes (1 person, claiming 1 exemption and standard deduction); State Income Tax; Union dues; and Expenses for health insurance coverage for obligor’s child. Should be deducted from yearly gross Title IV-D Agency required to promulgate yearly tax charts §154.061(b) https://www.sos.texas.gov/texreg/archive/December152023/In%2 0Addition/202304576-1.pdf 7  Guidelines Presumed to be in the best interest of the child Two sets of guidelines: Obligor’s net monthly resources are less than $9,200; or Obligor’s net monthly resources are less than $1,000. To determine percentage of child support owed, determine how many children are at issue, using chart in Tex. Fam. Code §154.125. Does obligor have a duty to support other children? If so, then look at chart in Tex. Fam. Code §154.129 Based on percentage, calculate child support due. 8  How to Calculate If obligor is paid monthly: Net Monthly Resources X percentage from table= Monthly obligation. If obligor is paid twice per month: Monthly obligation divide by 2= Obligation Twice Per Month If obligor is paid every two weeks: Monthly obligation X 12 then divide by 26=Obligation every two weeks. If obligor is paid weekly: Monthly obligation X 12 then divide by 52=Obligation every week. 9  Step Down Provision If there are multiple children the subject of a child support order, the order should include a recalculation of child support as each child emancipates, ages, out, etc. Tex. Fam. Code 154.127 10  If Income Exceeds Guidelines Court can assess child support based on the proven needs of the child. Court can utilize factors in 154.123 in determining to award additional support. If obligor's income exceeds guidelines, the court shall presumptively apply the percentage of guidelines to the portion of obligor's net income that does not exceed guidelines. Tex. Fam. Code 154.126. 11 Child Support Not Using Guidelines §154.123 If court orders finds that guidelines are not in the best interest of the child, the court shall consider all relevant factors: Age and needs of the child; Ability of the parents to contribute to support of child; Any financial resources available for support of child; Amount of time of possession of and access to the child; Amount of the obligee’s net resources including earning potential 12  Child-care expenses incurred by either party in order to maintain gainful employment; Whether either party has the MC or actual physical custody of another child; Amount of alimony or spousal maintenance actually and currently being paid or received by a party; Expenses for son or daughter for education beyond secondary school; Whether obligor or obligee has an automobile, housing, or other benefits furnished by his or her employer, another person, or a business entity; Amount of other deductions from the wage or salary income and from other compensation for personal services of the parties; 13  Provision for health care insurance and payment of uninsured medical expenses; Special or extraordinary educational, health care, or other expenses of the parties or of the child; Cost of travel in order to exercise possession of and access to a child; Positive or negative cash flow from any real and personal property and assets, including a business and investments; Debts or debt service assumed by either party; and Any other reason consistent with the best interest of the child, taking into 14 consideration the circumstances of the parents.  Place of Payment Payment of child support must be made through the State Disbursement Unit §154.004 Unless the order is not being enforced by the Title IV-D agency. You will still want it going through the Disbursement Unit so that a record will exist. 15  Duration of child support Tex. Fam. Code §154.006 Later of child turning 18 or graduating from high school Emancipation (marriage, court order, enlistment in military) Further order of court Death of child If child is disabled, child support can be indefinite §154.302 Even if parental rights have been terminated, you may still be ordered to pay child support for the child. Tex. Fam. Code §154.001(a-1) TDFPS is managing conservator Conceived as a direct result of conduct that constitutes an offense under 21.02, 22.011, 22.01, or 25.02 of the Texas Penal Code. Survive the death of the obligor. 16  Medical Cash Support 154.181 If court orders child support, court must also order medical support of the child. Insurance should be available at a reasonable cost to obligor. Reasonable cost means insurance does not exceed 9% of obligor’s net annual resources. If for more than one child, total coverage should not exceed nine percent of annual resources. 17  Dental Cash Support 154.1815 If court orders child support, it must also order for the dental support of the child. Dental support must not exceed 1.5% of obligors net annual resources. For medical and dental, the court may order the MC or Primary MC to obtain the insurance and order the obligor to pay the MC/PMC cash support to cover 18 the premium. Retroactive Child Support §154.131 Presumed that it can only go back 4 years Presumption can be refuted by showing: Obligor knew or should have known that the obligor was the father of the child for whom support is sought; and Sought to avoid the establishment of a support obligation to the child. If presumption is refuted, court can award retroactive child support for any period from birth until age 18 (or graduates from high school). Court retains jurisdiction to order support up to 4 years after child’s 18th birthday. Discuss difference between retroactive and arrearages. 19 Modification of Child Support §156.401 Court may modify a child support order if: The circumstances of the child or a person affected by the order have materially and substantially changed since the earlier of: Date of the order’s rendition; or Date of the signing of a mediated or collaborative law settlement agreement on which the order is based; or It has been three years since the order was rendered or last modified and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child support guidelines. 20  Employer’s Order to Withhold If court determines that an obligor’s wages should be withheld (garnished), the court should enter an Employer’s Order to Withhold Once Employer’s Order to Withhold has been entered, anytime obligor changes employment, only an “issuance” to new employer is required. EOW must include a step-down 21 provision if child support is due to more than one child.