When it comes to child support in Texas, there can be confusion and misunderstandings. It’s important to clearly understand the laws and regulations surrounding child support, especially regarding the termination of payments.
In the video, Atty. Tina Campbell of Turner-Monahan, PLLC, discusses when child support in Texas ends and what factors determine the end date. All case evaluations at Turner Monahan PLLC and the attorneys’ suggestions are in the light of Texas Family Law. This content is for educational purposes only.
Child Support and School Enrollment in Texas
In Texas, child support ends when the child is emancipated, according to the state’s Family Code. Emancipation occurs when the child reaches the age of 18 or graduates from high school, whichever happens last.
However, it is important to note that child support can continue for a 19 or 20-year-old, depending on their circumstances, as long as they are pursuing a high school diploma or a GED.
To continue receiving child support after turning 18, the child must remain enrolled in school. If the child drops out of school two days before their 18th birthday and does not finish or graduate, their child support will stop. Even if they re-enroll a week after turning 18, child support will have already ended because they were not enrolled in school on their 18th birthday.
Therefore, to ensure the continuity of child support, the child must remain enrolled in school until they graduate or receive their GED. Remember, emancipation is determined based on the age of the child or their high school graduation, whichever comes last.
How Does The Family Code Address This Issue?
A number of statutes establish the rules and guidelines for determining child support in Texas, including when child support ends and under what circumstances it may be modified or extended. Here are some of them:
Texas Family Code Section 154.001 defines the purposes of child support and provides that parents have a duty to support their child until the child reaches the age of 18 or graduates from high school, whichever occurs later.
Texas Family Code Section 154.002 allows for child support to continue past the age of 18 if the child is enrolled in high school or certain other educational programs leading to a diploma or GED. The support order can be requested before or after the child’s 18th birthday and may continue until the end of the month in which the child graduates.
Texas Family Code Section 154.125 specifies guidelines for child support. Subsection (a) applies to situations where the obligor’s monthly net resources are not greater than the maximum amount set by the Title IV-D agency, and Subsection (a-1) adjusts the amount every six years based on inflation.
Texas Family Code Section 154.130 requires that the court makes specific findings in the child support order when a written or oral request is made or when the amount of child support ordered by the court varies from the amount computed by applying the percentage guidelines under Section 154.125 or 154.129.
The court must state the net resources of the obligor and obligee, the percentage applied to the obligor’s net resources for child support, and whether the application of the guidelines would be unjust or inappropriate.
Texas Family Code Section 154.131 outlines guidelines for determining retroactive child support payments. The court should consider the obligor’s net resources during the relevant time period, the mother’s attempts to notify the obligor of his paternity, and the obligor’s knowledge of paternity.
The court may limit the amount of retroactive support to an amount not exceeding the total amount of support that would have been due for the four years preceding the filing of the support petition. The court retains jurisdiction to order retroactive child support if a petition is filed before the child’s 18th birthday or within four years after the child’s 18th birthday.
If you are currently in the middle of a dispute over custody of your children and the division of your property in Texas, you should be aware of the dangers of verbal agreements. Read more here!
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Having an experienced family law attorney like Tina Campbell on your side can make all the difference in navigating child support-related matters and other family law concerns. Her extensive knowledge and experience in the field make her uniquely qualified to help parents navigate these complex legal issues. 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 “How is Child Support Determined in Texas.”
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.
- How Does A Father File A Paternity Suit To Prove Paternity?
- Who Pays The Attorney Fees In A Divorce?
- What Is The Difference Between A Legal Separation And A Divorce?
- Can I Still Get Medical Insurance Benefits From My Spouse’s Employer After The Divorce?
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.
