Child support can be awarded to the custodial parent or sole managing conservator of the minor child in question. Some people equate child support to punishment; however, these funds are to go to the support and maintenance of the minor child. In the State of Texas, child support is based off the percentage of your income according to how many children you have at that time.
Unfortunately, if you have a parent dead set on not paying child support, you will have to drag them back into court on a Motion to Enforce or a Motion for Contempt. This will normally be heard by the Judge, who can order them to pay child support or thrown them in jail. HOWEVER, throwing the other parent in jail for a period of time is highly unlikely to get you the result you want, it is an option that some Judges defer to in extreme circumstances.
If you are the parent paying child support, it is imperative you remain timely on your payment to prevent suspension of your professional licenses and to prevent being taken back to court. If you fail to pay court ordered child support, it is highly likely you will be held responsible for your former spouse’s attorney’s fees as well. If there is a change in circumstances, such as another child or a sudden decrease in income, it is imperative to file a modification with the court to determine if the child support you are paying is correct based on Texas laws.
Again, child support is not be used as a form of punishment, nor is it to be used frivolously. Both parties should think of what it is like to walk in the shoes of the other parent and remember they should be acting in the best interest of the child. Keep things as amicable as possible and make the best of the next 18 years.
If you feel overwhelmed by the situation, or you would like to know your rights (whether you are the parent paying child support or receiving it), its best that you consult with an attorney. This is nothing to be afraid of, and we as attorneys are here to guide you through this process.
Remember failure to plan is planning to fail. Give us a call! (832) 305-7694.