Going through the divorce process can be extremely difficult, especially if there are children involved. You may be forced to deal with issues involving spousal support, property division, child custody and parenting plans. In addition to these matters, the judge presiding over the case will set child support. Child support is designed to bridge the financial gap children and custodial parents go through when separating.
It can be difficult for custodial parents in Texas to raise their children largely on their own. It not only takes a toll on you emotionally to have the larger burden of child-rearing responsibility, but having sole custody is also financially challenging. This is the purpose of child support – to ease your burden and ensure the non-custodial parent is involved in financially supporting his or her children. However, you may wonder if the courts or your ex-spouse can control how you spend child support.
A specific type of legal body, known as a Title IV-D court, would be the agency responsible for adjudicating any Texas child support issue in which you are involved. The name of these courts comes from a section of the Federal Social Security Act. This act requires states to uphold nationwide standards in the enforcement of your child support or related family law issues, such as medical support, determination of parental status or locating a missing parent.
The money you receive from your ex-husband is essential for your children's well-being and comfort. Unfortunately, your ex is not always reliable in paying child support, and if the payments you receive are becoming fewer and farther between, you are not alone. Custodial parents across Texas are not receiving the court-ordered child support due from their exes.
Those in San Antonio that are obliged to pay child support likely have little problem in needing to meet that obligation given the love that they have for their children. Yet at the same time, they may not be taking the steps necessary to ensure their children's continued support were something to happen to them. No one knows when they may meet an unexpected end, and thus few may plan for it. Indeed, information shared by the website ThinkAdvisor.com shows that while 85 percent of consumers recognize the need for life insurance, only 62 percent actually have it.
In Texas, the law permits modifications to child support obligations where circumstances have changed or the support guidelines would indicate overpayment, according to the official website of The Attorney General of Texas, Ken Paxton. Modification may be justified where the change in circumstances is “material and substantial” or where the amount provided under the general child support guidelines, as provided by law, differs from the amount a parent is presently required to pay under an earlier court order. Since modifications to child support are based on a parent’s current income, the total amount that must be paid can either go up or down.
Family courts in San Antonio typically make keeping families together the main focus of their proceedings. However, there may be situations where state officials are called in to remove children from a home in order to ensure their safety. Such action may be accompanied by either instructions issued by the court to parents detailing steps that must be taken in order for them to reclaim custody, or a termination of one’s parental rights altogether. In either case, one question remains after children are taken into state custody: who supports them?
Typically, the common complaint heard from those involved in the exchange of child support in San Antonio is that one who is obliged to pay it is not meeting that obligation. Yet what if you actually end up paying too much child support? This might seem an odd scenario given the importance that you likely place on helping to meet your kids’ needs, yet there are situations where this could reasonably happen.
If you count yourself among the many people in San Antonio that is owed child support by an ex-spouse, the you may be concerned about how you might be able to collect on any arrears should he or she fall behind on his or her payments. Your concern is shared by many that we here at The Law Office of Roland R. Esparza work with. Most rely on state enforcement methods designed to recover unpaid child support from an obligor directly. However, if those methods fail to produce results, there are other, more indirect ways to recover what is owed to you.
Despite whatever feelings divorcing parents in San Antonio may have towards each other, one aspect of their divorce proceedings that both may agree upon is the need for child support. Custodial parents (called the “managing conservator” in Texas) may realize that supporting themselves and their children without the added income of their spouse may be difficult (if not impossible). Non-custodial parents (“possessory conservators”) may likely still want to contribute to ensure that their kids’ every need is seen to. Indeed, information shared by the Congressional Research Service shows that as recently as 2013, $22.5 billion was paid in child support in the U.S.