The Child Support Texas form, officially known as the Exhibit: Child Support Order, is a document used to formalize the amount and duration of child support payments ordered by a court. It outlines the obligations of the obligor (the person ordered to pay child support) and includes detailed information on payment schedules, termination events, and the rights of the obligee (the person ordered to receive child support). Understanding this form is critical for anyone navigating the child support system in Texas. Ensure your child support is managed correctly by clicking the button below to fill out the necessary form.
The Child Support Texas form serves as a crucial document within family law, encompassing a broad range of stipulations that govern the financial obligations of a person (termed as the Obligor) towards the support of their child or children until certain terminating events occur. Notably, the form specifies situations that end the obligation to pay child support, such as the child reaching adulthood, marriage, emancipation, or military enlistment, among others. Furthermore, it delineates the ordered amounts for child support, which can vary depending on whether support is for one child or multiple children, acknowledging that obligations decrease as each child reaches an event that terminates child support. The document also identifies the recipient of the child support (the Obligee) and emphasizes the formal process for payment through the Texas Child Support State Disbursement Unit. It underscores the importance of formal payments over informal ones and outlines the situation under which guideline support can be deemed inapplicable. Mandatory actions after the court order, including the setup of a child support account, adherence to income withholding orders, and the potential requirement for a life insurance policy, are also addressed. Required notices regarding changes in personal information and stern warnings about the consequences of non-compliance emphasize the seriousness of these orders. Through its comprehensive directives, the Child Support Texas form plays a vital role in ensuring that child support arrangements are clearly understood, properly executed, and legally enforceable, safeguarding the financial well-being of children involved in family law proceedings.
Exhibit: Child Support Order
1.Person Ordered to Pay Child Support (Obligor)
IT IS ORDERED that ___________________________________________ is the Obligor, the person
(Name of person to pay support)
ordered to pay child support for the children listed in the Decree or Order, and that he or she is obligated to and shall pay child support in the amount and manner described below, until one of the following events that terminate child support occurs for each child.
2. Events that Terminate Child Support
(See Texas Family Code Sections 154.006 and 154.002.)
The obligation to pay child support for a child terminates when:
The child turns 18, unless when the child turns 18 he or she is enrolled and complying with attendance requirements in a secondary school program leading toward a high school diploma or enrolled in courses for joint high school and junior college credit then child support terminates at the end of the month in which the child graduates. -or-
The child marries, dies, or is emancipated by court order. -or-
The child begins active duty in the United States armed forces. -or-
A court terminates the parent-child relationship between the man ordered to pay child support and the child based on genetic testing that determines the man is not the child’s father. -or-
The person ordered to pay child support and the person ordered to receive child support marry or remarry each other, unless a nonparent or agency has been appointed conservator of the child.
3.Child Support Amount Ordered
If there is only one child who will receive support, fill out 3a below and cross out 3b.
If there is more than one child who will receive support, fill out 3b below and cross out 3a.
3a. For a Single Child Write in the child support amount for the single child on the line below.
There is ONLY ONE child for whom child support is ordered in this Order. The person ordered to pay child support is ORDERED to pay:
$ __________
child support per month. The 1st payment is due on the 1st day of the 1st month
after this order is signed by the Court. A like payment is due on the 1st day of
each month after that until child support terminates for the child. Support for the
child terminates when one of the events listed in section 2 “Events that Terminate
Child Support” occurs.
3b. For Multiple Children Write in the total child support amount for all of the children on the 1st line below. On each additional line, write in the child support amount for one less child. Note: Child support based on the guidelines set out in Texas Family Code Chapter 154, Subchapter C decreases each time child support terminates for one of the children.
There is MORE THAN ONE child for whom child support is ordered. The person ordered to pay child support is ORDERED to pay:
each month after that until child support terminates for one child.
After that, the person ordered to pay child support is ORDERED to pay:
after child support terminates for one child. A like payment is due on the 1st day
of each month after that until child support terminates for a second child.
© TexasLawHelp.org, Exhibit Child Support July 2012
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Texas Family Code, Chapter 154
after child support terminates for a second child. A like payment is due on the 1st
day of each month after that until child support terminates for a third child.
after child support terminates for a third child. A like payment is due on the 1st
day of each month after that until child support terminates for a fourth child.
after child support terminates for a fourth child. A like payment is due on the 1st
day of each month after that until child support terminates for a fifth child.
4.Person Ordered to Receive Child Support (Obligee)
IT IS ORDERED that child support is payable to ________________________________________,
(Name of person to receive child support)
but must be sent to the place of payment listed below.
5.Place of Payment
The person ordered to pay child support is ORDERED to send all child support payments to the Texas Child Support State Disbursement Unit, PO Box 659791, San Antonio, TX 78265, for distribution according to law.
Include the following information with each payment:
Name of person ordered to pay child support, and
Name of person ordered to receive child support, and
Cause Number and County of Decree or Order, and
Attorney General Case Number, if applicable.
6.No Credit for Informal Payments
IT IS ORDERED that money paid by the person ordered to pay child support directly to the person ordered to receive child support or spent while in possession of the children does NOT count as child support and shall be deemed in addition to and not instead of the support ordered in this order.
7.Guideline or Non-Guideline Support
Check Guideline Support if the child support amount or amounts listed are based on the guidelines set out in Texas Family Code, Chapter 154, Subchapter C.
Check and complete Non-Guideline Support, if the child support amount or amounts listed are not based on the statutory guidelines.
Guideline Support: The amount of child support is approximately the amount recommended in the Texas Family Code Guidelines, Chapter 154.
Non-Guideline Support: The amount of child support differs significantly from the amount recommended in the Texas Family Code Guidelines, Chapter 154. The court finds that guideline support would be unjust or inappropriate under the circumstances because (explain):
_________________________________________________________________________________________
The net monthly income (from all sources) of the person paying child support is $ ______________. The net monthly income (from all sources) of the person receiving child support is $ ____________.
Actual monthly child support is $_______________, which is_______ % of the paying person’s net monthly income.
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8.Child Support Account / Fees Each party is ORDERED to:
Fill out any forms necessary to set up a child support account, and
Take the forms to the local Domestic Relations Office or county child support liaison within 5 days after the judge orders child support, and
Pay when due, all fees charged to that party by the state disbursement unit and any other agency authorized by law to a charge a fee.
9.Income Withholding
IT IS ORDERED that any employer of the person ordered to pay child support is ordered to withhold child support from the person’s disposable earnings.
If an income withholding for support order is served on the employer of the person ordered to pay child support, the employer shall withhold child support payments from the employee’s pay, and send it to the Texas Child Support State Disbursement Unit, PO Box 659791, San Antonio, TX 78265, where the payments shall be recorded, and forwarded to the person ordered to receive child support. All child support withheld and paid in accordance with this order shall be credited against the child support obligation.
If the employer withholds less than 100% of the child support ordered, the person ordered to pay child support is ORDERED to send the balance owed to the Texas Child Support State Disbursement Unit, PO Box 659791, San Antonio, TX 78265.
If an income withholding for support order is not served on the employer, or if the person paying child support is self-employed or unemployed, the person ordered to pay child support is ORDERED to send all child support payments to the Texas Child Support State Disbursement Unit, PO Box 659791, San Antonio, TX 78265.
IT IS ORDERED that the Clerk of this Court shall cause a certified copy of the income withholding for support order to be delivered to any employer of the person ordered to pay child support, if asked to do so by the person ordered to pay or receive child support, a prosecuting attorney, the title IV-D agency, a friend of the Court, or a domestic relations office.
10.Suspension of Income Withholding
Check here if all parties agree not to have the employer withhold child support payments at this time.
The parties agree, and the Court ORDERS that an income withholding for support order shall not be served on the employer unless: 1) child support payments are more than 30 days late, 2) the past due amount is the same or more than the monthly child support amount, 3) another violation of this child support order occurs or 4) the Office of the Attorney General Child Support Division is providing services to the person ordered to receive child support. The person ordered to pay child support is ORDERED to send all child support payments to the Texas Child Support State Disbursement Unit, PO Box 659791, San Antonio, TX 78265, where the payment will be recorded, and forwarded to the person ordered to receive child support.
11.Child Support After Death
If the person ordered to pay child support dies before this child support order ends, any unpaid child support shall become the obligation of his or her estate.
12.Life Insurance Policy
Check here if the person ordered to pay child support should also be ordered to maintain a life insurance policy for as long as child support is ordered.
As additional child support, the person paying child support under this order is ORDERED to obtain and maintain a life insurance policy on his or her life for as long as child support is ordered. The value of the policy shall be at least as much as the total child support obligation. The person receiving child support under this order must be named as the primary beneficiary for the benefit of the children.
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13.Required Notices
EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY EVERY OTHER PARTY, THE COURT, AND THE STATE CHILD SUPPORT REGISTRY OF ANY CHANGE IN THE PARTY’S:
CURRENT RESIDENCE ADDRESS,
MAILING ADDRESS,
HOME TELEPHONE NUMBER,
NAME OF EMPLOYER,
ADDRESS OF EMPLOYMENT,
DRIVER’S LICENSE NUMBER, AND
WORK TELEPHONE NUMBER.
THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED INFORMATION TO THE OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO GIVE NOTICE OF THE CHANGE TO PROVIDE 60-DAYS NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE 5TH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE.
THE DUTY TO FURNISH THIS INFORMATION TO EVERY OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE EVERY OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS.
Notice shall be given to every other party by delivering a copy of the notice to each party by registered or certified mail, return receipt requested.
Notice shall be given to the Court by delivering a copy of the notice either in person to the clerk of the Court or by registered or certified mail addressed to the clerk.
Notice shall be given to the State Case Registry by mailing a copy of the notice to the State Case Registry, Contract Services Section, MC046S, P.O. Box 12017, Austin, Texas 78711-2017.
14.WARNINGS TO PARTIES
FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION TO ENFORCE THIS ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS.
FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE PARTY’S NOT RECEIVING CREDIT FOR MAKING THE PAYMENT.
FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD SUPPORT TO THAT PARTY.
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Filling out the Child Support Texas form is a vital step in ensuring that the financial needs of your children are met following a separation or divorce. This document serves as a legally binding agreement between the parties involved, outlining the responsibility of one party (the obligor) to provide financial support for the well-being of their children. The process may seem complex, but by following these step-by-step instructions, you can ensure that the form is completed accurately and submitted properly.
Once you have carefully filled out the form following these steps, review the document to ensure all information provided is accurate and complete. Gathering the necessary documentation and completing the Child Support Texas form correctly plays a crucial role in safeguarding your children’s future financial security. If you're unsure about any part of the form, consider seeking legal advice to guide you through the process.
In Texas, the person ordered to pay child support is referred to as the Obligor. This is the individual the court has determined is responsible for making child support payments for the benefit of their child or children, according to specific terms set by the court.
Child support obligations in Texas are terminated when any of the following occurs:
The child support amount is determined based on whether there is one or multiple children to support. Texas Family Code’s guidelines provide a structured calculation based on the obligor's income and the number of children they are obligated to support. For families with more than one child, the support amount is adjusted as each child reaches an event that terminates child support.
All child support payments must be sent to the Texas Child Support State Disbursement Unit in San Antonio. This ensures payments are properly recorded and distributed according to law. Each payment must include specific information such as the names of the obligor and recipient, court cause number, and if available, the Attorney General Case Number.
Money paid directly to the person receiving child support, or expenses incurred while the children are with the obligor, do not count as formal child support payments. By law, these are considered separate from and not in lieu of the ordered support payments.
Most child support amounts are based on state guidelines, but if a court finds the guideline amount unjust or inappropriate under certain circumstances, it may order a non-guideline amount. This flexibility allows the court to consider the unique circumstances of each family when determining support payments.
If the obligor dies before fulfilling their child support obligation, unpaid child support becomes a claim against their estate. To secure future payments, the court may order the obligor to maintain a life insurance policy with the child support recipients as beneficiaries, for as long as they are obliged to pay support.
Failing to accurately identify the Obligor, the person ordered to pay child support. This mistake can lead to legal complications and delays in the enforcement of the order.
Not clearly understanding or correctly indicating the events that terminate child support. Misinterpretation of these conditions could result in overpayment or underpayment of support.
Incorrectly calculating the child support amount for a single child (3a) or for multiple children (3b). This could significantly impact the financial well-being of both the children and the receiving party.
Omitting or inaccurately identifying the Person Ordered to Receive Child Support (Obligee). This error can misdirect payments or hinder the legal process.
Not specifying the correct Place of Payment. This mistake can lead to payments not being properly credited to the obligor's account.
Ignoring the section on No Credit for Informal Payments, leading to misunderstandings about what constitutes acceptable child support payment methods and not receiving credit for direct payments.
Choosing between Guideline or Non-Guideline Support without adequate understanding, potentially resulting in incorrect support amounts being ordered or paid.
Overlooking the necessity to set up a Child Support Account and pay associated fees, which is crucial for the systematic processing of payments.
Mismanagement or lack of awareness regarding the Income Withholding section, including not ensuring an employer withholds the correct amount, which could lead to accumulation of arrears.
In addition to the above specific mistakes, a general overview of frequent errors also includes:
Not updating personal information as required, risking non-compliance with the court's order and potential penalties.
Assuming suspension of income withholding will automatically apply without obtaining a court order.
Misunderstanding their rights and responsibilities regarding life insurance policies to secure child support.
Failure to properly notify all necessary parties of changes in circumstances, leading to enforcement issues or modification delays.
Ignoring the stern warnings provided at the end of the document, risking contempt of court and its serious consequences.
In the process of establishing or modifying child support in Texas, several forms and documents are often used in conjunction with the Child Support Order form. These documents play crucial roles in ensuring the accuracy of the process, facilitating communication between parties, and enforcing the orders established by the court. Understanding these forms and their purposes aids in navigating the child support process more effectively.
Each of these documents serves an essential function within the broader context of managing child support arrangements. They contribute to the clarity, fairness, and enforceability of child support orders, benefiting both the children involved and their parents. Understanding how to properly complete and use these forms can significantly impact the effectiveness and efficiency of the child support process.
The Child Support Texas form shares similarities with a Divorce Decree, particularly in how it outlines financial obligations towards children after the dissolution of a marriage. Like a Child Support Order, a Divorce Decree can specify the amount one parent must pay to another for child support, including how and when these payments should be made. Both documents are legally binding and detail the financial responsibilities that directly affect the child's welfare post-divorce.
Similar to a Child Support Modification Order, the Child Support Texas form includes provisions for altering child support obligations. Modification orders come into play when there’s a significant change in circumstances, affecting the original child support agreement. Both types of documents specify conditions under which child support payments can be increased, decreased, or terminated, highlighting their adaptability to changing financial situations of the parties involved.
The Income Withholding Order is another document related to the Child Support Texas form. This order mandates an employer to deduct child support payments directly from the paycheck of the parent obligated to pay. The Child Support Order includes instructions for income withholding, ensuring that child support payments are made promptly. Both documents are instrumental in securing regular child support payments and share the goal of minimizing payment delays or defaults.
A Paternity Establishment form, while focusing on determining the biological father of a child, shares a common goal with the Child Support Texas form in terms of securing child support. Once paternity is established, a legal obligation for child support can be enforced, similar to the obligations outlined in the Child Support Order. Establishing paternity is a crucial step towards formalizing child support arrangements, ensuring the child's financial needs are met.
The Custody and Visitation Order, although primarily focused on the physical and legal custody of children, often intersects with child support documents like the Child Support Texas form. Custody orders sometimes address financial responsibilities, aligning with child support orders that ensure the financial aspect of child care is covered. Both documents work together to outline a comprehensive care plan that includes both physical custody and financial support.
The Child Support Account Setup forms are closely related to the section in the Child Support Texas form that deals with payments and where to send them. These setup forms are crucial for establishing where and how child support payments are processed and distributed, ensuring that payments reach the intended recipient. They share the objective of streamlining the payment process to support the child's financial stability.
Financial Statement forms are critical in the child support process, akin to the Child Support Texas form’s section on guideline versus non-guideline support. These statements provide a detailed overview of each parent's financial situation, influencing the calculation of child support payments. The transparent disclosure of finances ensures that child support orders are fair and reflect the actual financial capabilities of the parents involved.
Lastly, the Medical Support Order has ties to the Child Support Texas form, especially in sections mandating additional child support for medical expenses or insurance. While medical support orders specifically focus on providing health care coverage for the child, the Child Support Order may include similar provisions, ensuring comprehensive support that covers both general wellbeing and health care needs.
When approaching the task of filling out the Child Support Texas form, it is crucial to adhere to certain guidelines to ensure the accuracy and validity of the information you provide. Below are six recommendations on what you should and shouldn't do during this process:
Things You Should Do:
Things You Shouldn't Do:
Taking these dos and don'ts into account when filling out the Child Support Texas form will aid in the smooth processing of child support payments and help avoid unnecessary complications.
Understanding the nuances of child support orders in Texas can sometimes be tricky, and misconceptions are common. Here are six often misunderstood aspects of the Child Support Texas form that need clarification:
Clearing up these misconceptions is key, ensuring that both obligors and obligees understand their rights, responsibilities, and the processes involved in child support arrangements in Texas.
When dealing with the Child Support form in Texas, there are several crucial takeaways to ensure compliance and understanding of the legal processes involved. Here are 10 key points:
The individual required to pay child support is specifically named as the Obligor. This designation places the responsibility to fulfill child support obligations squarely on their shoulders.
Child support obligations typically conclude upon the occurrence of specific events such as the child turning 18, marriage, death, emancipation, the child entering active military duty, or a judicial determination that the obligor is not the child's biological parent.
The formula for calculating child support payments varies depending on the number of children involved. It's essential to accurately fill out the appropriate section whether supporting a single child or multiple children.
All child support payments must be sent to the Texas Child Support State Disbursement Unit, ensuring a legal record of all transactions.
Informal payments directly to the Obligee (the person designated to receive child support) or expenditures made on behalf of the child do not count toward the obligor’s child support obligations.
Distinguishing between guideline and non-guideline support helps in understanding whether the support amount meets or deviates from state recommendations. The reasons for any deviations must be clearly explained.
Obligors and Obligees must promptly set up a child support account and are responsible for any associated fees, ensuring the administrative aspect of support is handled correctly.
Employers may be required to withhold child support from the obligor’s earnings, demonstrating the state's proactive measures to collect support payments.
In some scenarios, income withholding by the employer may be temporarily suspended, though this is contingent upon certain conditions being met regarding payment timeliness and compliance.
Both parties must promptly report any changes in contact details, employment, and other pertinent information to the court and the State Case Registry, illustrating the importance of maintaining up-to-date records for all involved.
Understanding these key points helps in navigating the complexities of child support processes in Texas, ensuring both compliance with legal obligations and the well-being of the children involved.
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