Child support is due until the child turns eighteen or, thereafter, until the end of the school year in which the child graduates from high school. IMPORTANT: If a child is mentally or physically impaired to the extent of requiring continuous care, child support may be ordered to be paid indefinitely past the child's 18th birthday. If this is the case with any of your children, be sure to inform your Attorney.

The Family Code requires that, if the support payor is a salaried employee, the payor's child support (or a portion thereof) be withhold from his or her wages by his or her employer and paid directly to the custodial parent through the Texas child support agency in San Antonio, Texas. Although you may ask that this be waived. In some cases, the court may allow it. Child support is usually ordered to be paid through the county agency charged with recording child support payments, which agency then keeps a record of all payments received. All payments go through the Child Support Disbursement Unit in San Antonio, Texas which then forwards the payment to the child support recipient. A major reason this is done is that, if the support obligor fails to pay support as ordered, the agency has attorneys who will usually represent the payee free of charge in a future contempt hearing.

Child support is determined by the obligor's net income and the number of children they have. For example, if the obligor has one child, 20% of his or her net income would be deducted. Twenty five percent is deducted if the obligor has two children. If the obligor has three children, then 30% of the net income is deducted. Four or five children, and the deductions would be 35% and 40% of the net income. Six children or more, and the obligor would pay over 40%.

Most states in America allow either or both parents to provide the child with medical coverage. Texas child support law requires that the non-custodial parent provides the medical coverage for the child. The non-custodial parent would have to purchase a medical plan through their employment. If coverage is unavailable through the non-custodial parent's employment, then the custodial parent would provide the coverage. The non-custodial parent would still be responsible for paying the coverage even if it is covered by the custodial parent's employment. If neither parent's employment carries no medical plan, then the court would order the non-custodial parent to pay an additional amount to cover the medical expenses. Medical coverage is not calculated within the child support plan, it is an addition that must be provided by the non-custodial parent.

Step-parents have no obligation of support for the kids of the other spouse from a previous relationship. In other words, the Texas Family Code section 154.069 actually prohibits the use of step-parent income in the obligor spouse's child support calculation. As a practical matter though, a step-parent is involved in the day to day dealings with the child(ren) and will spend money on them, but not under court order.

It is very unlikely that signing over your rights would be approved by the court. The issue you bring up is the termination of the father's parental rights. Dallas area judges are quite reluctant to allow a termination of your rights unless someone is also seeking adoption of the child. It is more likely that the paternity of the child would be established at this time. Texas law recognizes that children have a right to know their parents, and vice versa.

The Texas Family Code generally requires that child support would change by 20% or $100.00 per month to constitute a material change of circumstance AND it has been three years since the last order regarding child support. Texas Family Code section 156.401(a)(2). However, if a person ordered to pay child support were to lose a job, that would be a material and substantial change in circumstances that would presumably support a child support change. Texas Family Code section 156.401(a)(1). Another such change would be the move of the child's residence from one conservator to another.

Child support in Texas is calculated on the net resources of the person paying the support (the "obligor"), taking into account the cost of health insurance and how many children the obligor has a duty to support. For example, as in your case, if there are two children, and there is a third child now in the obligor's household, for whom there is a duty to support, the calculation is 22.50% of the net resources for the support of the first two children. This is a reduction from the 25% that would be paid for the two children in the absence of the third child in a different household. There may be other factors that should be considered. The way to address this issue is to file a Motion to Modify to reduce the child support payment.

For incarcerated individuals, the ruling with regard to child support depends on the judge of the court. Some judges rule that the person in jail cannot work, and thus should pay child support upon release. Other judges believe the actions of the person in jail put them there, and so they should be obligated for child support for the entire time behind bars. If the person went to jail after child support was already ordered, then he should file a motion to modify the child support based on his change of circumstances. This is the case because this parent is obligated under the existing order until that order is modified.

You probably need to file a Motion to Determine Arrearage. In the context of this lawsuit, you may contact the other parent to work out a payment plan. If you have been on public assistance, then the state will seek reimbursement from the parent who failed to pay child support. The court will approve any agreement the two of you make, as long as the state is not owed money for public assistance. Child support is considered a unique obligation and its collection is subject to a longer statute of limitations. Specifically, the court retains jurisdiction to confirm child support arrearages for ten years after the child becomes an adult, or the date the child support obligation terminates. Texas Family Code 157.005 (b). Then, after a court has determined any arrearage and reduced that finding to a judgment, the court has continuing jurisdiction to enforce its order, "until all current support and medical support and child support arrearages, including interest and any applicable fees and costs, have been paid". Texas Family Code 157.269. And that is NOT limited to a particular time frame. You should file a Motion to Determine Arrearage to request that you be awarded a judgment for the full amount of past child support owed, plus interest, and request that the parent paying child support address the arrearage in a larger amount payable per month. It is often the case that the child has graduated from high school, child support is owed, and the parent owing the child support now makes more money. Consequently, the paying parent should be able to afford higher monthly payments.

No. Bankruptcy does not affect any court hearing regarding child support in family court: setting it, collecting it, or enforcing an order about it. Therefore, if you are sued, with a request that you be held in contempt of court for failing to pay child support, the court may go forward with the hearing even if you file bankruptcy. Child support is considered to be a special obligation and not merely a debt. In contrast, any other litigation regarding settlement or collection of debts is stopped cold by bankruptcy.

You probably need to file a Motion To Declare Child Support Obligation Fulfilled, also requesting that the court determine any overpayment. The current order probably states the arrearage amount at a particular time. Then you may request an order for reimbursement from the overpaid parent, with terms for your repayment.