Child Support Flashcards
Suits for Child Support
- An original suit for child support will also determine conservatorship if the child is under 18 years of age.
- The parent who is not named the primary conservator (either primary JMC or SMC) will be ordered to pay child support. Both parents may be required to pay.
- Child support will typically be determined by the statutory guidelines (presumed to be in the best interest of the child), if obligor’s net income is below $9,200.00.
- Separate guidelines if obligor’s net income is below $1,000.
- If net income is greater than $9,200.00 the guidelines do not apply.
- Survive the death of the obligor. (Just because someone passes does not mean they are absolved from child-support. Sometimes, if individual is in poor health, court will require the purchase of life insurance where the child is the beneficiary).
obligor: who is paying support; Obligee: who is recieving child support
Continuing Exclusive Jurisdiction
- A final order in a SAPCR will trigger a court of continuing exclusive jurisdiction.
- Some children will be the subject of a child support order and then years later the parents will divorce—always run parties names before filing for divorce.
Jurisdiction and Possession
- Remember that in order for the court to award child support, it must have personal jurisdiction of the intended obligor.
- Also remember that possession and access cannot be conditioned on the payment of child support.
Income
Net Income, not gross. Tex. Fam. Code §154.062
* Determine all mandatory deductions in order to get to net.
* Spouse not considered for determining income (either contributing to or deducting from).
* Child support received from another obligor IS considered for determining income.
Presumed Wage Tex. Fam. Code §154.068 (not if incarcerated)
Intentional Unemployment or Underemployment (ex. if a 12 year attorney randomly decides to be a starbucks barista) —court can apply based on your earning potential. Tex. Fam. Code §154.066
“Reimbursement” if Obligee receives TANF, SNAP, Medicaid
What Constitutes Income?
- Salary
- Bonuses
- Overtime pay
- Perqs (parking, fuel reimbursement, car, cellphone)
- Severance, pension
- Interest Income
- Child support received
- Dividends, Royalties, Capital gains
- Rental income
- Social Security Benefits
- Unemployment benefits
- Disability/Workers Comp
- Alimony
- Winnings (Lotto, Gambling)
Mandatory Deductions
Subtract ALL below to get NET income
* Social Security Taxes;
* Federal Income Taxes (1 person, claiming 1 exemption and standard deduction);
* State Income Tax;
* Union dues; and
* Expenses for health insurance coverage for obligor’s child.
* Should be deducted from yearly gross
* Title IV-D Agency required to promulgate yearly tax charts §154.061(b)
Guidelines
- Presumed to be in the best interest of the child
- Two sets of guidelines:
-Obligor’s net monthly resources are less than $9,200; or
-Obligor’s net monthly resources are less than $1,000. - To determine percentage of child support owed, determine how many children are at issue, using chart in Tex. Fam. Code §154.125.
-Does obligor have a duty to support other children? If so, then look at chart in Tex. Fam. Code §154.129 - Based on percentage, calculate child support due.
How to Calculate
If obligor is paid monthly:
* Net Monthly Resources X percentage from table= Monthly obligation.
If obligor is paid twice per month:
- Monthly obligation divide by 2= Obligation Twice Per Month
If obligor is paid every two weeks:
- Monthly obligation X 12 then divide by 26=Obligation every two weeks.
If obligor is paid weekly:
- Monthly obligation X 12 then divide by 52=Obligation every week.
Step Down Provision
- If there are multiple children the subject of a child support order, the order should include a recalculation of child support as each child emancipates, ages, out, etc. Tex. Fam. Code 154.127
If Income Exceeds Guidelines
- Court can assess child support based on the proven needs of the child. Court can utilize factors in 154.123 in determining to awardadditional support.
- If obligor’s income exceeds guidelines, the court shall presumptively apply the percentage of guidelines to the portion of obligor’s net income that does not exceed guidelines.** Tex. Fam. Code 154.126.**
Child Support Not Using Guidelines
§154.123
If court orders finds that guidelines are not in the best interest of the child, the court shall consider all relevant factors:
* Age and needs of the child;
* Ability of the parents to contribute to support of child;
* Any financial resources available for support of child;
* Amount of time of possession of and access to the child;
* Amount of the obligee’s net resources including earning potential
Continuation of what courts consider when Not Using Guidelines
- Child-care expenses incurred by either party in order to maintain gainful employment;
- Whether either party has the MC or actual physical custody of another child;
- Amount of alimony or spousal maintenance actually and currently being paid or received by a party;
- Expenses for son or daughter for education beyond secondary school; Whether obligor or obligee has an automobile, housing, or other benefits furnished by his or her employer, another person, or a business entity;
- Amount of other deductions from the wage or salary income and from other compensation for personal services of the parties;
- Provision for health care insurance and payment of uninsured medical expenses;
- Special or extraordinary educational, health care, or other expenses of the parties or of the child;
- Cost of travel in order to exercise possession of and access to a child;
Positive or negative cash flow from any real and personal property and assets, including a business and investments; - Debts or debt service assumed by either party; and
- Any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents.
Place of Payment
- Payment of child support must be made through the State Disbursement Unit §154.004
- Unless the order is not being enforced by the Title IV-D agency.
-You will still want it going through the Disbursement Unit so that a record will exist.
Duration of Child Support
-
Tex. Fam. Code §154.006:
1. Later of child turning 18 or graduating from high school
2. Emancipation (marriage, court order, enlistment in military)
3. Further order of court
4. Death of child - If child is disabled, child support can be indefinite §154.302
- Even if parental rights have been terminated, you may still be ordered to pay child support for the child. Tex. Fam. Code §154.001(a-1).
-TDFPS is managing conservator
-Conceived as a direct result of conduct that constitutes an offense under **21.02, 22.011, 22.01, or 25.02 (Sexual Assault) **of the Texas Penal Code. - Survive the death of the obligor.
Medical Cash Support
154.181
- If court orders child support, court must also order medical support of the child.
- Insurance should be available at a reasonable cost to obligor. Reasonable cost means insurance does not exceed 9% of obligor’s net annual resources. If for more than one child, total coverage should not exceed nine percent of annual resources.
