When you’re getting divorced, one of the biggest questions on your mind is going to be how this will affect your finances. If you have children with your spouse, you might be wondering: is child support mandatory under Texas law?
The short answer is: not exactly.
It is technically possible for parents to agree to no child support. However, this agreement isn’t legally binding unless a judge signs off on it, and the court might choose to issue child support orders regardless of the agreement made by the parents.
In this article, we’re going to take a look at the laws surrounding child support and the more specific details about how and why a court might allow parents to forgo child support.
It is very common for child support orders to be put in place as a part of divorce in Texas. That being said, it isn’t mandatory.
It’s essential to understand that the best interest of the child is always the guiding factor for the courts. In order to protect the well-being of the child, a judge ultimately has the final say over whether or not a child support order will be put in place.
There are child support guidelines in the state of Texas that intend to help courts determine how much child support should be paid in a particular case. Parents are more than welcome to come to an agreement that involves paying a higher sum than is outlined in the guidelines. However, a judge is going to be much more stringent when looking at an agreement that involves an amount that is lower than the guidelines or that states that no child support will be paid.
Parties are allowed, under Texas Family Code 154.124, to put an agreement in writing that has to do with child support payments. A court will look at the agreement and can choose to order child support regardless of the agreement. The reason for this is that they must act in the best interest of the child.
Yes, parents in Texas can agree to no child support after divorce, but such an agreement must be approved by the court to be legally binding.
Even if the parents mutually agree to forgo child support payments, the court will still need to ensure that the arrangement is in the best interests of the child. The court will consider various factors before approving the agreement, including the financial circumstances of both parents, the child's needs, and whether the agreement is ‘just and right.’
It’s definitely a good idea to consult with an attorney if you want to forgo child support in Texas to ensure that their agreement complies with Texas laws and is properly documented and presented to the court for approval.
Parents might want to avoid child support orders for a number of reasons. These include:
In Texas, courts prioritize the best interests of the child when making decisions regarding child support. While it's possible for parents to come to an agreement regarding child support that does not involve payments from one parent to the other, it's ultimately up to the court to approve such an arrangement.
Several factors may influence whether a court agrees to no child support after divorce in Texas:
Now that we’ve looked at whether child support is mandatory in Texas let’s take a look at some of the nuts and bolts of how child support works in the Lone Star State.
In Texas, the parent who does not have primary custody of the child typically pays child support to the parent with primary custody. This is often referred to as the "noncustodial parent" paying child support to the "custodial parent."
The amount of child support is determined based on factors such as the income of both parents, the number of children involved, and any special needs of the children. Texas has specific guidelines outlined in the Texas Family Code, as mentioned above, that courts use to calculate child support payments.
All that being said, it's important to note that child support is intended to contribute to the financial support of the child, and both parents are generally responsible for providing for the child's needs, regardless of custody arrangements.
There are two primary factors that influence how much child support is owed according to the guidelines in Texas.
These are:
Here is the basic outline of the guidelines for child support in Texas, referring to the percentage of the noncustodial parents net monthly income:
In Texas, child support payments are made through the Child Support Division of the Office of the Attorney General (OAG).
There are a number of ways that child support payments can be made, including:
Child support isn’t exactly mandatory in Texas after divorce. However, it’s important to understand that it’s not necessarily as easy as coming to an agreement with your spouse that states neither of you are interested in giving or receiving support payments.
The reason for this is that a judge will have to sign off on the agreement in order for it to be legally binding. The issue of child support focuses on supporting the well-being and best interest of the child. For this reason, a judge can choose to issue child support orders regardless of the agreement made between two parents.
Are you navigating the family court system in Texas? Make sure you check out our Texas family law blog for more articles, insights, and resources.
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