Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. However, many parents receiving support ask the paying parent to purchase a policy for that purpose, and some judges will include a provision in the divorce judgment requiring that the paying parent have life insurance. Termination of Parental Rights & Divorce in Texas, How to Get Help Right Away In Your Family Law Case: Temporary Orders in Divorce in Bexar County, Texas, Custody Lawyer’s Divorce Tips: The Ultimate List, Complete Packet- Divorce Papers To File Case Without a Lawyer, How to Keep Certain Information Private in Divorce, Bexar County DIY Divorce Templates Download, Recommendation For Real Estate Agent During Your Divorce in San Antonio, The Divorce Waiting Period in Every State, Divorce Rate Has Plunged During Covid-19, Contrary To Popular Belief, Top 8 Things Your Custody Attorney Must Do, Bexar County Do-it-yourself Divorce Packet Download. The court determined that the following factors (at a minimum) are to be considered in determining the best interest of the child: If your children live in another state and you want to have the court issue an order as part of the divorce concerning child support, it usually can't be done in a state other than the state where the children live. There are a lot things that parents, and spouses, have to consider when going through a separation or divorce. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. If you think child support should be decreased or increased before a court issues the order, then you can ask the court to adjust it. You aren't required to guarantee your child support with a life insurance policy. The specific reasons that the amount of child support per month ordered by the court varies from the guidelines is: The parties have come to a mutual agreement that formal child support would not be in the best interest of the child; Divorce–Did You Know That You Can Part as Friends? The SPO provides that the noncustodial parent is granted visitation of the children: DivorceWriter offers the customer the choice of the SPO or a long-form, customized, visitation schedule. If parents will be paying child support determining the amount of child support paid will be used by the child support guidelines. (Tex. In the divorce agreement, the paying parent may agree to continue supporting through college. If the court finds it to be in the best interest of the child, an order based on the agreement will be signed by the judge. If you have an existing policy, the courts may require that you maintain your children as beneficiaries as long as you are required to pay child support. The question is if this is legal or not? Support calculation for a parent with $2,000 net monthly income and two children: $2,000 (net monthly income) x .25 (25% for two children) = $500 per month in monthly child support. You may also have concerns about paternity, child support in divorce cases, and enforcing your rights if the child’s other parent does not comply with his or her legal obligations. Code Ann. To begin, parents in a child support case will have to remember that all orders regarding their children will be made with their child’s best interest in mind. TX However, there are reasons why child support is ordered. Child support is a payment from a noncustodial parent to cover the child's necessary expenses. In cases like this, if the asset—say a vacation home bequeathed from grandma’s will—can be liquidated (sold), then a court will consider its market value as part of income. Regardless of your relationship status, if you have children and you're not living with the other parent, it's likely the court will award child support. It has been more than three or more years since the order was established or last modified and the monthly amount of the child support ordered differs by either 20 percent or $100 from the amount that would be awarded according to the child support guidelines. The attorney listings on this site are paid attorney advertising. Holidays: (including Thanksgiving, Christmas or Winter break, and spring break) are divided between the parents, giving one parent the right to spend a particular holiday with the children every other year. Also, there are circumstances where the result given by the guidelines would be unfair to a parent or the child. Parenting abilities of the individual seeking custody. If the income is similar it may prove that both parents can equally afford all the child’s expenses and split those costs. Most child support payments will be handled through the Attorney General of Texas, more specifically the Texas State Disbursement Unit. The SPO also provides for the noncustodial parent to have thirty days with the children during the summer, or forty-two if the children live more than 100 miles away from that parent. In summary, having a child support order enforces accountability on the parent ordered to pay. ). 3707 Cypress Creek Parkway, In some states, the information on this website may be considered a lawyer referral service. The breakdown for what percentage of your net monthly income is as follows: 40% (at the least) of your net monthly income will be calculated for 4+ children.