CHILD SUPPORT
Courts can order parents to pay child support, regardless of whether they are working. The Texas Attorney General has the power to open a child support case even when neither parent applied for services, such as when a custodial parent applies for a public benefit, such as Temporary Assistance for Needy Families (TANF) or Medicaid.
When a noncustodial parent loses his or her job or experiences some other kind of major life event that impacts his or her ability to pay child support, he or she must quickly notify the court and the child support office. Similarly, custodial parents can also file motions to have child support orders modified when a noncustodial parent receives a raise and has greater net resources.
Do you need assistance modifying a child support order or obtaining child support in Harris County? Contact The Law firm of Solomon Musyimi today. Call (713)541-4444 to have our lawyers provide an honest and thorough evaluation of your case during a free, confidential consultation.
Texas Child Support Information Center
- Child Support Laws in Texas
- Texas Child Support Guidelines
- Child Support Resources in Harris County
CHILD SUPPORT LAWS IN TEXAS
In custody cases, the court can make the determination of parental responsibilities. Under Texas Family Code a court can order either the custodial parent or noncustodial parent or both parents to support a child:
- until the child is 18 years of age or until graduation from high school, whichever occurs later;
- until the child is emancipated through marriage, through the removal of the disabilities of minority by court order, or by other operation of law;
- until the death of the child; or
- if the child is disabled as defined in this chapter, for an indefinite period.
Child support can be paid by periodic payments, a lump-sum payment, an annuity purchase, the setting aside of property to be administered for the support of the child as specified in the order, or any combination of the above. Unless otherwise agreed in writing or expressly provided in the order, a child support order terminates on:
- the marriage of the child;
- the removal of the child’s disabilities for general purposes;
- the death of the child;
- a finding by a court that the child is 18 years of age or older and has failed to comply with the enrollment or attendance requirements described by Texas Family Code § 154.002(a);
- the issuance of an order terminating the parent-child relationship between the obligor and the child based on the results of genetic testing that exclude the obligor as the child’s genetic father; or
- if the child enlists in the armed forces of the United States, the date on which the child begins active service.
Child support obligations are based on a parent’s net resources, which includes:
- 100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);
- Interest, dividends, and royalty income;
- Self-employment income;
- Net rental income (rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation); and
- All other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits other than supplemental security income, United States Department of Veterans Affairs disability benefits other than non-service-connected disability pension benefits, as defined by 38 U.S.C. § 101(17), unemployment benefits, disability and workers’ compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, and alimony.
Net resources do not include a return of principal or capital, accounts receivable, benefits paid in accordance with the TANF program or another federal public assistance program, or payments for foster care of a child.
Our criminal defense attorneys in Houston represent individuals in communities throughout Harris County, Friendswood, Pearland, Seabrook, League City, Deer Park, Pasadena, La Porte, Galena Park, Baytown, and many others. You can have our lawyers provide a complete evaluation of your case when you call (713)541-4444 or fill out an online contact form to receive a free, confidential consultation.