Child Support

The Texas Family Code establishes several rights and duties involving children, one of which involves the need for a child support obligation to be established in cases where the parents of minor children are involved in a divorce or a suit affecting the parent-child relationship (“SAPCR”). Along with cash child support, the State of Texas also mandates that custodians cooperate in establishing some form of medical and dental insurance for their children in such cases. Uninsured medical expenses (medical costs, including prescriptions, not reimbursed by insurance) are generally ordered to be paid 50/50 by the parents, while typically, the non-residential parent either provides medical and dental insurance for the child or reimburses the residential parent for 100% percent of the cost of the monthly medical and dental insurance premiums related to the child.

Determining Payment

Child support is calculated using guidelines outlined in the Texas Family Code. The Court can consider other factors in determining the amount of child support, but it has been our experience that most courts will generally defer to using the guideline calculation. Child support is calculated using a specific formula that our courts and Family Law attorneys routinely use. (Hint: it is not wise to utilize general calculations one may read about in print or hear about from friends or family members regarding other cases. These urban legends are quite often incorrect.)

Texas courts generally view child support as something to which the child is entitled. We sometimes hear from folks who wonder whether they can terminate their parental rights to avoid the child support obligation. Absent compelling circumstances, courts generally loathe approving an order whereby one parent does not have to pay support to the other for their child’s benefit.

How we can help

Please feel free to call us if you are curious about what monthly child support amount might be ordered in your specific case. Izzo & Associates assists our clients with support issues, whether they may be in the position of paying or receiving child support. There are numerous factors involved in child support calculation. Some of these factors include the number of children that will be supported, whether the obligor parent has additional children from other relationships, etc. We also assist our clients in explaining the various forms of medical support and how courts handle these obligations.