One of the most frequent inquiries we receive at The Nacol Law Firm is whether child support obligations are equally applied between Mothers and Fathers. When a parent is considering a divorce or a union break up with the child’s other parent, who pays for child support and medical/dental insurance for the child, for how long and according to what guidelines?
The State of Texas (Texas Family Code Ch 154) Sec. 154.001. SUPPORT OF CHILD. (a) The court may order “Either” or “Both” parents to support a child in the manner specified by the order: (1) until the child is 18 years of age or until graduation from high school, whichever occurs later; (2) until the child is emancipated through marriage, through removal of the disabilities of minority by court order, or by other operation of law; (3) until the death of the child; or (4) if the child is disabled as defined in this chapter, for an indefinite period.
The State of Texas child support laws dictate that children are entitled to financial support from both parents. Texas establishes child support guidelines to determine how much an average child will need. The guidelines provide for a basic amount of support to the parent who receives it based on the other parent’s income and number of children to be supported. However, there may be special circumstances that justify the court’s deviation from the standard amount of child support. Extraordinary expenses can be taken into consideration, including medical expenses or high childcare costs and other specific exceptions.
The State of Texas also supports that a Father and Mother should have the relatively equal rights to the child and should share in the child’s care and support. What does that mean? If Mom or Dad each have standard access and possession 50% of the time, then the Father and Mother should pay guideline support for the care of the child. Yes, Father and Mother.
With a substantial rise of mothers paying child support in the United States, many women are reevaluating their situations, when they find out Dad will not be paying all expenses and child support and be prorated when raising the child 50% of the time. Today’s mothers are the primary breadwinners in four out of 10 U.S. families (Pew Research).
Texas statutes dictate specific Child Support guidelines and, like it or not, other than rare exceptions, neither parent can escape this obligation! Many mothers will plea that they cannot work because of their obligation to the care of the child or will under-employ to try to escape paying their rightful share of the child’s support. But in today’s world many parents either share 50/50 time with their child or father may be the primary custodial parent.
If the mother refuses to pay court-ordered child support, there may be several enforcement options. A contempt of court action can hold the mother civilly or criminally liable for not obeying the court’s mandate. If found guilty, the mother may be required to post a bond equal to the amount of child support in arrearages or may have to serve time in jail for contempt. Other actions include suspending the mother’s driver’s license or professional license, intercepting tax refunds or federal payments, denying passports, placing liens on property and reporting the debt to credit bureaus.
CHILD SUPPORT GUIDELINES BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR:
- 1 child 20% of Obligor’s Net Resources
- 2 children 25% of Obligor’s Net Resources
- 3 children 30% of Obligor’s Net Resources
- 4 children 35% of Obligor’s Net Resources
- 5 children 40% of Obligor’s Net
- 6+ children Not less than the amount for 5 children
(3/5/2019 FAMILY CODE CHAPTER 154. CHILD SUPPORT https://statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm 20/47)
For more information on Texas Child Support Guidelines, please go to the Texas Attorney General Child Support Website at: https://csapps.oag.texas.gov/monthly-child-support-calculator
Nacol Law Firm
Are You An Alienated Parent With A Parental Alienation Syndrome (PAS) Family Experience? What Can You Do?
There is nothing worse than a family torn apart by parents who are battling over child custody. Many of these cases are in serious litigation and often, these disputes will continue for years.
What is Parental Alienation Syndrome (PAS)? In the 1980’s, forensic psychiatrist, Dr. Richard A. Gardner noticed a large increase in a disorder where one parent will program or brainwash a child to alienate the other parent. He also found the child was self-creating contributions supporting the alienating parent’s campaign of denigration against the targeted parent.
Dr. Gardner’s definition of PAS: Parental Alienation Syndrome (PAS) is a disorder that arises primarily in the context of child-custody disputes. Its primary manifestation is the child’s campaign of denigration against a parent, a campaign that has no justification. It results from the combination of a programming (brainwashing) parent’s indoctrinations and the child’s own contributions to the vilifications of the target parents. (Gardner, the Parental Alienation Syndrome)
There is no pure PAS diagnosis if the child still has a positive relationship with the parent even though the other parent is trying to alienate the child.
Courts are generally more conservative in their judgment acknowledging PAS in high conflict cases. Even though Parental Alienation evidence may be overwhelming, often courts will enter judgments allowing the “parents to make joint decisions about the child’s welfare.” This will not ever happen between two alienated parents! In many situations it will take a dramatic or tragic situation to force the court to change primary custody. When the alienating parent becomes unstable mentally, the court will recognize that there is something “out of line” and will become more supportive of the targeted parent.
What are the Best ways for the Alienated Parent to Deal with the PAS issue?
Keep your “cool”. Never retaliate. Never act in anger since anger=unstable.
Never give up! You cannot let your child grow up in this environment of hate. The child is the victim of a situation that he/she never asked to be in.
Be “Proactive”! It is a terrible situation for the entire family, but work on seeking constructive action to solve the problem. Do not allow yourself to become a victim!
Always keep a journal of dates and times of major key events. Explain when the situation occurred and what happened specifically. Any Witnesses?
Always call and show to pick up the child even when you know he/she will not be there. Try to contact the police to have a record of the no-show event or take a witness to video the denial of possession. You do have an interest in your child, no matter what the alienating parent says.
When you do see the child, focus on enjoying your parent-child time together. Never talk badly about the other parent and do not let children overhear inappropriate conversation on the telephone.
Hire a skilled family lawyer who has experience in parental alienation syndrome issues. Do your homework on PAS and interview the lawyer on his experience and what your issues are. If you are not satisfied look again. This is your life and you are trying to save your child.
Be prepared to financially see this case to the end. Most of these case last for years. You cannot start and stop.
A forensic evaluator in PAS cases is usually an asset in showing that there is truly alienation occurring and recommend changing legal and primary custody to the alienated parent. An appropriate parenting plan included showing how well the child will be taken care of with the alienated parent, is advised.
Always pay your child support on time and never violate court orders. Never give the alienating parent reason to question your behavior.
Last but not least, to show that your parenting skills are superior, take a comprehensive parenting course to be able to show the court that you strive to be the best parent you can to the child, no matter what the alienating parent says.
Two New Family Case laws have been passed by the Texas legislature and signed by Governor Abbott, effective 9/1/2019:
HB553 Relating to notice summer weekend possession of a child under a standard possession order in a suit affecting the parent-child relationship.
SECTION 1. Section 153.312, Family Code, is amended by adding subsection (c) to read as follows:
(c) Notwithstanding Section 153.316, after receiving notice from the managing conservator under Subsection (b)(3) of this section designating the summer weekend during which the managing conservator is to have possession of the child, the possessory conservator, not later than the 15th day before Friday that begins that designated weekend, must give the managing conservator written notice of the location at which the managing conservator is to pick up and return the child.
SECTION 2. Section 153.312 (c), Family Code, as added by this Act, applies only to a court order providing for possession of or access to a child rendered on or after the effective date of this Act. A court order rendered before the effective date on this Act is governed by the law in effect on the date the order was rendered, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019
HB House Bill 558: Relating to the court ordered support for a child with disability:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 154.302, Family Code, is amended by adding Subsection (c) to read as follows:
(c) notwithstanding Subsection (b), a court that orders support under this section for an adult child with a disability may designate a special needs trust and provide that the support may be paid directly to the trust for the benefit of the adult child. The court shall order that support payable to a special needs trust under this subsection be paid directly to the trust and may not order that the support be paid to the state disbursement unit. This subsection does not apply in a Title IV-D case.
SECTION 2. The change in law made by this Act constitutes a material and substantial change of circumstance under Section 156.401, Family Code, sufficient to warrant modification of a court order or a portion of a decree that provides support for a child rendered before the effective date of this Act.
Section 3. This Act takes effect on September 1, 2019
More new Texas Legislature Family Laws to come!
Are you the father of a child in Texas and Mom is refusing to let you see or communicate with your child? Are you paying child support in Texas for your child, yet Mom tries to dominate all interaction between you and the child to suit her needs. Is this Parental Alienation in the present or a step commencing down that path?
Fathers have rights in Texas and because this is one of the more frequent calls we receive from Dads, I thought it was time to discuss some specific law from the Texas Family Code regarding the rights and duties afforded to a Parent, whether Mom or Dad!
Under the Texas Family Code a “Parent” is defined as the mother, a man presumed to be the father, a man legally determined to be the father, a man who has been adjudicated to be the father by a court of competent jurisdiction, a man who acknowledged his paternity under applicable law or an adoptive mother or father.
Tex. Fam. Code Sec. 160, otherwise known as the Uniform Parentage Act, states that a man is presumed to be the father of a child if:
1. he is married to the mother of the child and the child is born during the marriage;
2. he is married to the mother of the child and the child is born before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
3. he married the mother of the child before the birth of the child in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
4. he married the mother of the child after the birth of the child in apparent compliance with law, regardless of whether the marriage is or could be declared invalid, he voluntarily asserted his paternity of the child, and:
a)the assertion is in a record filed with the bureau of vital statistics;
b) he is voluntarily named as the child’s father; or
c) he promised in a record to support the child as his own; or
5. during the first two years of the child’s life, he continuously resided in the household in which the child resided and he represented to others that the child was his own.
If the above applies to you and you have established legal standing to support that you are “the father,” what are your rights and duties as the Texas Family Code Sec. 151.001 states:
§ 151.001. Rights and Duties of Parent
(a) A parent of a child has the following rights and duties:
(1) the right to have physical possession, to direct the moral and religious training, and to designate the residence of the child;
(2) the duty of care, control, protection, and reasonable discipline of the child;
(3) the duty to support the child, including providing the child with clothing, food, shelter, medical and dental care, and education;
(4) the duty, except when a guardian of the child’s estate has been appointed, to manage the estate of the child, including the right as an agent of the child to act in relation to the child’s estate if the child’s action is required by a state, the United States, or a foreign government;
(5) except as provided by Section 264.0111, the right to the services and earnings of the child;
(6) the right to consent to the child’s marriage, enlistment in the armed forces of the United States, medical and dental care, and psychiatric, psychological, and surgical treatment;
(7) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;
(8) the right to receive and give receipt for payments for the support of the child and to hold or disburse funds for the benefit of the child;
(9) the right to inherit from and through the child;
(10) the right to make decisions concerning the child’s education; and
(11) any other right or duty existing between a parent and child by virtue of law.
Both parents have these rights unless a court order has created, modified, ordered, or delegated the statuary rights of a parent. The rights you have will support and empower you in a hands on relationship with your child.
All parents have the right to have a relationship with their children! One misguided parent may attempt to employ parental alienation to hurt the other parent and cause the child to be denied a loving relationship with the other parent. Know your rights and contact an attorney who can help you and your child fulfill a meaningful relationship!
In Texas it is the responsibility of a mother and father to adequately support their child. An adequate support usually comes in the form of child support payments monthly. It is a common mistake of judgment to attempt to hide from child support obligations or willfully ignore the obligation. Intentional non-payment gives rise to contempt proceedings
The circumstances regarding the parent’s decision not to pay child support is considered by the court in contempt proceedings. Texas Family Code 154.131 strictly deals with retroactive child support payments. There are four factors a Texas Court will consider when determining how far back a parent must make child support back-payments. They are:
- If the mother of the child had made any previous attempts to notify the obligor (delinquent parent) of his paternity or probable paternity;
- If the obligor (delinquent parent) had knowledge of his paternity or probable paternity;
- If the order of retroactive child support will impose an undue financial hardship on the obligor (delinquent parent) or the obligor’s family; and
- If the obligor (delinquent parent) has provided actual support or other necessities before the filing of the action.
All these factors will be taken into consideration by a Texas Court when determining how far back and how much an individual must pay child support.
If it is reasonable and in the best interest of the child then the Texas Family Code 154.131(c) allows for the Court to assign retroactive child support payments that only extends back 4 years. The option to confine retroactive child support payments to only four years may be contested by the parent requesting the child support. A parent that is contesting the Court’s decision in allowing the delinquent parent to pay back only four years’ worth of back-payments will have the burden of proof to establish:
- The Obligor (delinquent parent) knew or should have known that he was the father of the child for whom the support is sought
- The Obligor (delinquent parent) sought to avoid the establishment of support obligation to the child
If, however, a father is delinquent on child support because he did not know of the child’s existence, was told by the mother that his support was not wanted or needed, or the father had been paying a certain amount prior to the filling of the child support then the Court will likely only award retroactive payments of four years or less. If the father has willfully refused or ignored his obligation to pay support and adequately support his child, then the Court has the authority to order that delinquent parent to pay retroactive child support payments dating back to the day the child was born.
Retroactive child support can be complex and tricky considering the multiple circumstances in which this problem may arise. If you find yourself in this predicament and have received a summons to a Texas Child Support Court, then contact an experienced attorney immediately to see what can be done and how to best effetely address this unavoidable issue.