Understanding Child Support in Texas   Eligibility CHILD: Generally, child support is due and payable for a child until the child turns 18 years-old, graduates from high school (whichever occurs later), marries, dies, or is emancipated (declared an adult) by court order. If the child is disabled or considered to have special needs, a parent…

What is Considered Community Property and Separate Property in a Texas Divorce? Texas is one of nine states considered a community property state. This means that in a divorce, most property acquired during the marriage is considered the property of both spouses and must be divided “equitably” under Texas law. Understanding the difference between community…

Child Support Modification When both parties agree on how to modify child support, the modification process will be quite swift.  All they will need to do after agreeing to modify the order is submit a proposed custody order reflecting the changes to the court. The court will then review it and decide whether to approve…

Changing Your Child Support Payments in Texas An individual must show just cause as to why they need a modification. Some of these reasons include the following: The noncustodial parent’s financial circumstances have changed. This would have likely resulted in a job loss or a reduction in the parent’s income; More than three years have…

EFFECTS OF NOT PAYING CHILD SUPPORT IN TEXAS In Texas, parents are required to financially support their children until they turn 18 or graduate high school, whichever comes later. Texas uses a percentage of income model, which can be reduced if the custodial parent is supporting other children from a different relationship. Child Support Enforcement…

Can a Child Choose Which Parent to Live with in Texas?   Under Section 153.009 of the Family Law Code, children still have a voice but in a more practical way. Sec. 153.009 allows parents to request that the judge speak with their child. If the child is at least 12-years-old, the judge has to…

WHAT IS A STANDARD POSSESSION ORDERPer the Texas Family Code, a Standard Possession Order constitutes the default visitation arrangement in all Texas divorces where children are involved. This SPO contains a detailed parenting time schedule setting forth not only exactly when you and your ex-spouse will have your children during the year, but also how…

CHILD SUPPORT OBLIGATION IN TEXAS One of the issues that will frequently arise is how much child support must be paid. Having an understanding as to how child support is determined, issues that might be in dispute and what circumstances are important when making post-divorce modifications to an order is key to both the custodial…

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