The May Firm

Child support is the money a judge orders the non-primary parent to pay the primary parent for the child’s benefit. How exactly the money is used is up to the sole discretion of the primary parent; the parent who pays has no authority to dictate the manner of use of the money.

HOW LONG DO PAYMENTS LAST?

Usually, payments last only until the child reaches the age of 18 or graduates from high school, whichever is later. An exception is made when a disabled child is involved. In that instance, support may be continued indefinitely.

Texas law provides no authority for payment of college tuition or any other expenses following high school graduation. Of course, the parents can agree between themselves concerning payment of college expenses for their children.

HOW MUCH IS EACH PAYMENT?

Texas, like most states, created “child support guidelines” to determine how much a non-primary parent should be required to pay. Like the standard possession order, these are suggestions, and are not written in stone. However, judges are reluctant to stray from these guidelines without good cause.

The guidelines base the percentage of that parent’s net income to be paid in support on the number of children involved. For one child, the guideline for payment is 20 percent of the parent’s net resources, 25 percent for two children and so on. The percentage is capped at 40 percent for five or more children. Where a parent has children the subject of this suit and also children from another relationship that are not the subject of the court proceedings, the percentages will be discounted slightly to account for the support obligations for the other children.

The calculating of percentage is limited to the first $7,500 of net resources. Therefore, if the non-primary parent earns $7,500 or more in net resources and is paying support for one child, the amount of support would be capped at $1,500 per month. In order for the primary parent to receive more than the guideline amount, he or she would have to show that the needs of the child surpass the allotted amount.

What income is used to determine the non-primary parent’s net resources? It is:

• 100 percent of wages and salary, including tips, commissions and bonuses;
• Interest, dividend and royalty income;
• Self-employment income;
• Net rental income; and/or
• All other income actually being received. This includes severance pay, retirement benefits, pensions, trust income, annuities, capital gains, Social Security benefits, unemployment benefits, disability and workers’ compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance and alimony.

At his or her discretion, the judge can deduct these from the equation:

• Social Security taxes;
• Federal income tax;
• State income tax;
• Union dues; and/or
• Expenses for health insurance for the child.

Either parent can argue that child support should be more or less than what the guidelines suggest. To receive more, the parent must show that the child has special needs that cannot be met with the guideline amount of support. To argue for less, the parent must show that the guidelines are excessively burdensome.

Of course, the parties are free to make their own agreement on child support, setting the amount higher or lower. The court, however, will review these agreements closely to make sure that the children’s needs are being met.

The parents also can agree that child support will extend beyond the later of the child’s graduation from high school or the child’s 18th birthday. The spouses are free to agree that the non-primary parent will have to pay for private school, extracurricular activities and college tuition.

WHAT HAPPENS IF PAYMENTS AREN’T MADE?

The court finalizes child support agreements and violations of court orders can be dealt with severely. Enforcement options for violations may include jail time and fines.

There are several methods to ensure that court-ordered child support money is paid.

Wage withholding: A judge will send a notice to the parent’s employer directing the employer to automatically deduct the amount of child support from the parent’s salary. This money is sent to the child support office, which distributes it to the child.

Contempt: If a parent continually fails to pay, the primary parent can file for contempt of the court’s order. There are severe sanctions for failure to pay child support. The parent can be jailed or the court can place the parent on community supervision (probation) for up to five years. The parent can be ordered to pay the primary parent’s attorney’s fees related to the enforcement action. The court also can order 12 percent interest be added to the outstanding past-due amount of support owed.

Failure to support the child for more than a year can result in the termination of the parent’s parental rights. If a parent’s rights are terminated, this severs all ties between the parent and his or her child. The effect of this judgment is extreme and will only be used in the most extreme cases and only if the court determines that the child will not suffer because of it.