Child support is a crucial consideration for parents facing separation or divorce. Ensuring that children continue to receive financial support from both parents is not only a legal requirement but also a moral responsibility. Determining the appropriate amount of child support can be complex and fraught with challenges, often involving legal assistance.
In the video, Atty. Tina Campbell of Turner-Monahan, PLLC, reflects on different aspects of the child support agreement, including legal perspectives and the role of the Attorney General in the process. All case evaluations at Turner Monahan PLLC and the attorneys’ suggestions are in light of Texas Family Law. This content is for educational purposes only.
Can Parents Decide Together Without Legal Mediation?
When it comes to determining the amount of child support, many wonder if parents can come to an agreement without involving the Attorney General. The answer is yes, they can. However, there must still be a court order regarding the agreement. Parents can choose whether to open a case with the Office of the Attorney General or go through a private order, but in either scenario, they can certainly agree on the amount.
Most judges believe that if parents have reached an agreement and it can be reasonably explained without any indication of manipulation or coercion, it will be accepted. No agreement should appear forced, such as accepting $200 a month instead of $2,000 with the promise of a new car, a scenario that hasn’t typically arisen.
As long as everyone involved believes that the agreement is fair and equitable, parents can indeed determine a figure, even if it seems arbitrary at times. This is particularly true for self-employed individuals, where it’s challenging to identify an exact income and apply the usual formulas. In such situations, it might be necessary to evaluate different scenarios and agree on a reasonable amount that falls somewhere in the middle.
For the best outcome for your case, seek the advice of a trusted family law firm such as Turner Monahan, PLLC.
Applying Texas Family Code in Inter-State Divorce Cases
In line with the Texas Family Code, various statutes provide a detailed framework that directly affects this subject. Child support arrangements must follow the legal framework to ensure the child’s best interests are protected.
Court Order Requirement: Child support in Texas mandates a court order, as outlined in Section 154.001 of the Texas Family Code. The court may order either or both parents to provide support in a manner specified by the order, considering factors such as the child’s age, needs, and the parents’ financial resources. This is essential to ensure compliance with state guidelines and to protect the child’s best interests.
Agreement Between Parents: Section 154.124 of the Family Code allows parents to agree on the child support amount amicably. However, the agreement must be in line with the child’s best interest and adhere to the legal guidelines provided by Subchapter C. If the court finds the agreement appropriate, it will render an order according to the agreement. Otherwise, the court may request a revised agreement or render a new support order.
Judicial Consideration: Judges usually accept agreements that can be reasonably explained without signs of manipulation or coercion. In accordance with Section 154.130, the court must include specific findings regarding the child support calculation if requested by a party, ensuring fairness and transparency.
Avoiding Manipulation and Coercion: Although not directly stated in the Family Code, the principles governing family law agreements in Texas would naturally oppose any underhanded tactics in negotiating an agreement.
Consideration of Income for Self-Employed Individuals: For self-employed individuals, determining the exact income for child support can be complex. Section 154.062 outlines the factors to consider when calculating net resources, including wage and salary income, self-employment income, and other financial resources. This section provides guidance to both parents and the court when establishing a fair amount.
Fair and Equitable Agreement: The Texas Family Code stresses the importance of a fair and equitable agreement. Section 154.123 lists specific factors that may affect child support, like the child’s age and needs, the parents’ ability to contribute to support, and any financial resources available for the child’s support.
The statutes of the Texas Family Code provide a comprehensive legal structure for child support agreements in Texas. These guidelines, whether applied through a private order or the Office of the Attorney General, ensure that child support agreements align with state laws and prioritize the child’s well-being.
Given the complexity of these statutes and their application to individual circumstances, it’s advisable to hire or consult with an experienced attorney who can accurately explain and navigate these legal provisions to serve the child’s best interest.
Concerned about securing child support in Texas when the other parent is employed out of state?
The process may seem daunting, but it’s more straightforward than you might think. With inter-agency cooperation, the Office of the Attorney General in Texas can work with corresponding offices across state lines to enforce collections, wage withholding, and other actions.
Even private attorneys can step in to ensure legal compliance from the employer. The key lies in understanding the statutes and making the right moves. Click Here to explore the intricacies of this process and set your mind at ease.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Child support agreements are a complex and essential aspect of family law that requires careful consideration and understanding of the legal principles involved. Whether parents decide to work together privately or seek the help of the Attorney General, adhering to the legal guidelines is paramount.
Engaging an attorney in the process not only helps in navigating the legal landscape but also ensures that the agreement reached is fair, equitable, and in compliance with the law. The well-being of the child must always be the central focus, and having professional legal support ensures that this fundamental aspect is never overlooked. Schedule a free, no-obligation consultation with attorney Tina Campbell to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case.
There is tons of information on divorce and answers to unique questions like “What Is The Law About Holiday Possessions Schedules?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- Choosing Between Mediation, Trial, And Arbitration. Which Is The Best Alternative?
- Getting A Divorce If Your Spouse Cannot Be Located
- What Is The Difference Between A Legal Separation And A Divorce?
- Can A Parent Send Someone Else To Pick Up Or Drop Off The Child For Visitation Or Other Activities?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
