How Child Support Works in Texas
Want to know more about Texas child support? In this video, Family Lawyer Rachel Rust provides a general overview of how child support works. If you have questions about your particular situation and you’d like to talk with Rachel, please call her office for an appointment at 800-929-1725. Rachel is of counsel with the law firm of Wadler, Perches, Hundl and Kerlick, and she meets with clients at the office in Fulshear and at other offices in Wharton, Richmond and El Campo.
Summary of the Child Support Video
Attorney Rachel Rust is an of counsel attorney with the law firm of Wadler, Perches, Hundl and Kerlick with offices in Fulshear, Richmond, El Campo, and Wharton, Texas.
Rachel Rust: – Unfortunately, there’s not a lot of wiggle room there, but there can be depending on circumstances. The government requires all parents to support their children. So, one way that the government thought that they would be helpful to parents when they don’t live together is to come up with a formula for paying child support based on the number of kids that you have and the income of the person who doesn’t have the kids, the non-custodial parent, or the person who has less time with the kids.
In our state, the income of the person who has primary custody of the children doesn’t factor into that child support guideline. So, it’s strictly a formula and it’s based on the number of kids and how much you make if you’re the payor.
Child support is different than other debts in that it’s not dischargeable in bankruptcy, and that you owe child support even after you die. So, if you have children who have not emancipated, then you’re estate will be responsible for child support until those children are 18, graduated from high school, or otherwise become emancipated.
Question: – Considered by the law to be adults, is that right, or?
Rachel Rust: – Yes.
Question: – Is that what you mean by emancipated?
Rachel Rust: – Yes. In Texas, that happens at age 18. There’s some other … If the child gets married, if they’re no longer… But if they’re still in school and they turn 18, then it can go until 19.
There is no requirement in Texas to support your college age children. Which is different than other states, and so sometimes people will say, “Well, but, you know, doesn’t he have to pay half?” or, “Doesn’t she have to contribute?” And the answer to that is no, not by law.
You can agree to that and the agreement is enforceable as a contract. So, if you have an agreement as part of your agreed divorce decree or your agreed settlement decree, then you can be held to that agreement, but the judge can’t order you to do it.
Question: – Okay, and if you have kids with special needs, Down’s syndrome, or something like that, then I would imagine that support might continue after age 18, or no? Or is there a presumption that it ends at 18 for everybody?
Rachel Rust: – Part of the reason people get so aggravated with lawyers is that they answer all questions with it depends. – It depends. – And that’s an “it depends” question. The formula is kind of a one size fits all for kids, normally between the time they come into this world and the time they turn 18 or become emancipated. However, there are exceptions.
Exceptions are if the child has needs beyond what the child support formula would require the other parent to pay, and that parent’s ability to pay. So, if the child has needs but the other parent doesn’t have the wherewithal to pay, then you’re just like everybody else. There’re no special protections for people getting divorced for their special needs kids than there are in the regular population of kids.
One of the things that you have to consider is proving the extra cost. So, if the formula — I’m just going to spit something out — says $500.00, but you’ve got to hire a helper to help with a child or the caregiver can’t work because they have to care for the child, then all those are expenses necessary to support the child which might justify an amount to be paid other than what the guidelines formula comes up with. The burden is on the person saying they need more.
In addition, the burden is on the person who says they shouldn’t pay as much. So if something happens to the breadwinner, the payor, whatever you want to call that person, if they get laid off or fired or have an accident, and cannot pay the amount they were paying, they would have to ask the court for a modification and they would have to prove that even though they were paying whatever they were paying, they can no longer pay that, through no fault of their own, and put on the evidence as to what has happened and what amount they should pay. But the overall public policy for the court is to make sure that children are supported by their parents to their best abilities to do so, and that the public doesn’t have to pay for them if the parents can.