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Download Tx Child Support Order Template

The Tx Child Support Order form serves as a mandated legal document that outlines the financial obligations a non-custodial parent (Obligor) must pay to the custodial parent (Obligee) for the support of their child(ren). It includes specifics such as payment amounts, termination events, and the method of payment to ensure the well-being of the child(ren) involved. For parents navigating the complexities of child support in Texas, understanding every section and compliance with this order is crucial. Click the button below to begin filling out your Tx Child Support Order form accurately and efficiently.

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The Tx Child Support Order form serves as an essential document within the Texas legal framework, ensuring that child support is properly established, enforced, and modified according to the needs and circumstances of the involved children. This comprehensive form details the obligations of the parent mandated to pay support, termed as the "Obligor," towards the designated recipient, known as the "Obligee." It specifies the names of the children for whom support is to be paid, the amount of support, the payment schedule, and the conditions under which the obligation ends. Key sections include the delineation of events that terminate child support, such as the child reaching adulthood, marriage, or other significant life changes, alongside stipulations for the payment method, notably through the Texas Child Support State Disbursement Unit to avoid miscredit of payments. It addresses both guideline and non-guideline support amounts, providing for adjustments based on the financial circumstances of both parties, such as income changes, employment status, or the need for healthcare provisions like life insurance. Additionally, this form outlines the legal requirement for obligors to notify of changes in employment and ensures the continuation of support obligations even after the obligor's death, emphasizing the enduring nature of the commitment to fulfill child support obligations. Lastly, it incorporates mechanisms for the modification of the order, underscoring the dynamic nature of child support in response to changing needs.

Document Example

Child Support Order

The Court ORDERS that this Child Support Order is fully incorporated into the: (Check one.)

Order Modifying the Parent-Child Relationship to which it is attached.

Order Adjudicating Parentage to which it is attached.

1. Order to Pay Child Support

The Court ORDERS ___________________________________________________ (Obligor) to pay

(Print the name of the parent who will pay child support.)

child support to _________________________________________________ (Obligee) for the

(Print the name of the parent who will receive child support.)

child/ren, __________________________________________________________________________,

(Print the name of each child for whom child support will be paid.)

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 (ends) 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.Obligor and Obligee

The Court ORDERS that the parent ordered to pay child support above is the Obligor and will be referred to as the “Obligor” throughout this section.

The Court ORDERS that the parent ordered to receive child support above is the Obligee and will be referred to as the “Obligee” throughout this section.

4. Termination of Obligee’s Obligation to pay current child support (if applicable)

If the Obligee was the parent ordered to pay child support in the prior order, the Court ORDERS that the

Obligee’s obligation to pay current child support terminates (ends) on the date the Court signs this Order.

This Order does not change Obligee’s obligation to pay any past due child support or arrearage judgment.

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5. Child Support Amount(s) Ordered

If only one child will receive support, check box 5A and fill in the child support amount and start date.

If more than one child will receive support, check box 5B and fill in the child support amounts and start date.

5A.

For a Single Child

Obligor is ORDERED to pay $________________ child support per month. The 1st payment is

due on ________________________. A like payment is due on the 1st day of each month

Month / Day / Year

after that until child support terminates for the child.

5B.

For Multiple Children

Obligor is ORDERED to pay $________________ child support per month. The 1st payment is

due on ________________________. A like payment is due on the 1st day of each month after

Month / Day / Year

that until child support terminates for one child.

After child support terminates for one child, Obligor is ORDERED to pay $______________

child support per month. The 1st payment is due on the 1st day of the 1st month 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.

After child support terminates for two children, Obligor is ORDERED to pay $_____________

child support per month. The 1st payment is due on the 1st day of the 1st month 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 three children, Obligor is ORDERED to pay $_____________

child support per month. The 1st payment is due on the 1st day of the 1st month 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 four children, Obligor is ORDERED to pay $______________

child support per month. The 1st payment is due on the 1st day of the 1st month 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.

After child support terminates for five children, Obligor is ORDERED to pay $______________

child support per month. The 1st payment is due on the 1st day of the 1st month after child support terminates for a fifth child. A like payment is due on the 1st day of each month after that until child support terminates for a sixth child.

Warning! Do not pay child support directly to the other parent. Send all child support payments to

the Texas Child Support Disbursement Unit, PO Box 659791, San Antonio, TX 78265. If you pay

child support directly to the other parent, you won’t get credit and you may have to pay again!

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6. Place of Payment

The Court ORDERS Obligor 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.

The Court ORDERS Obligor to include the following information with each payment:

Name of parent ordered to pay child support, and

Name of parent ordered to receive child support, and

Cause Number and County of Decree or Order, and

Attorney General Case Number, if applicable.

Payments should be made out to the Texas State Disbursement Unit or TXSDU.

7. No Credit for Informal Payments

IT IS ORDERED that money paid by Obligor directly to Obligee or spent while in possession of the child/ren does NOT count as child support and shall be deemed in addition to and not instead of the support ordered in this order.

8.Child Support Account / Fees

Each parent 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 parent by the state disbursement unit and any other agency authorized by law to a charge a fee for the collection and distribution of child support.

9.Guideline or Non-Guideline Support

The Court finds that the child support ordered above is:

Guideline Support: The amount of child support is approximately the amount recommended by the Texas Family Code Child Support Guidelines. See Texas Family Code, Chapter 154, Subchapter C.

Non-Guideline Support: The amount of child support differs significantly from the amount recommended by the Texas Family Code Child Support Guidelines.

(If the amount ordered is not based on the guidelines, you must also provide the following information.)

The net monthly income/resources of the Obligor is $ __________________.

The net monthly income/resources of the Obligee is $ __________________.

Guideline child support would be ________ % of Obligor’s net monthly resources, which is

$________________ per month.

The actual monthly child support amount ordered is $_______________, which is_______ % of

Obligor’s net monthly income/resources.

Guideline child support would be unjust or inappropriate under the circumstances because:

10. Income Withholding

IT IS ORDERED that any employer of Obligor is ordered to withhold child support from Obligor’s disposable earnings. If an income withholding for support order is served on Obligor’s employer, the employer shall withhold child support payments from Obligor’s pay, and send it to the Texas Child Support Disbursement Unit, PO Box 659791, San Antonio, TX 78265, where the payments shall be recorded, and forwarded to Obligee. All child support withheld and paid in accordance with this order shall be credited against Obligor’s child support obligation.

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If the employer withholds less than 100% of the child support ordered, Obligor is ORDERED to send the balance owed to the Texas Child Support Disbursement Unit, PO Box 659791, San Antonio, TX 78265.

If an income withholding for support order is not served on the employer, or if Obligor’s is self-employed or unemployed, Obligor’s is ORDERED to send all child support payments to the Texas Child Support

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 Obligor, if asked to do so by Obligor, Obligee, a prosecuting attorney, the title IV-D agency, a friend of the Court, or a domestic relations office.

11. 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, or

2)the past due amount is the same or more than the monthly child support amount, or

3)another violation of this child support order occurs, or

4)the Office of the Attorney General Child Support Division is providing services to Obligee.

Obligor is ORDERED to send all child support payments to the Texas Child Support Disbursement Unit, PO Box 659791, San Antonio, TX 78265, where the payment will be recorded, and forwarded to Obligee.

12. Change of Employment

Obligor is ORDERED to notify this Court and Obligee by U.S. certified mail, return receipt requested, of any change of address and of any termination of employment. This notice shall be given no later than 7 days after the change of address or the termination of employment. This notice or a subsequent notice shall also provide the current address of Obligor and the name and address of Obligor’s current employer, whenever that information becomes available.

13. Child Support After Death

IT IS ORDERED that the provisions for child support in this decree shall be an obligation of Obligor’s estate and shall not terminate on his/her death. Payments received for the benefit of the child/ren, including payments from the Social Security Administration, Department of Veterans Affairs, or other governmental agency or life insurance proceeds, annuity payments, trust distributions, or retirement survivor benefits, shall be a credit against this obligation. Any remaining balance of the child support is an obligation of Obligor’s estate.

14.Life Insurance Policy Check box below 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.

NOTICE REGARDING MODIFYING (CHANGING) THIS CHILD SUPPORT ORDER

THE COURT MAY MODIFY THIS ORDER THAT PROVIDES FOR THE SUPPORT OF A CHILD, IF:

(1)THE CIRCUMSTANCES OF THE CHILD OR A PERSON AFFECTED BY THE ORDER HAVE MATERIALLY OR SUBSTANTIALLY CHANGED; OR

(2)IT HAS BEEN THREE YEARS SINCE THE ORDER WAS RENDERED OR LAST MODIFIED AND THE MONTHLY AMOUNT OF THE CHILD SUPPORT AWARD UNDER THE ORDER DIFFERS BY EITHER 20 PERCENT OR $100 FROM THE AMOUNT THAT WOULD BE AWARDED IN ACCORDANCE WITH THE CHILD SUPPORT GUIDELINES.

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Form Information

Fact Name Description
Form Purpose The Child Support Order form is used to specify the obligations of a parent, referred to as the Obligor, to provide financial support to their child or children through payments to the other parent, referred to as the Obligee.
Integration into Existing Orders This Child Support Order must be fully incorporated into either an Order Modifying the Parent-Child Relationship or an Order Adjudicating Parentage, depending on the case's circumstances.
Termination Events The obligation to pay child support terminates upon specific events, such as the child turning 18 and graduating from high school, the child’s marriage, death, emancipation, or active military service, among others.
Obligor and Obligee Designation The court designates which parent is the Obligor (payer) and which is the Obligee (recipient) for the purposes of child support.
Child Support Amounts The form dictates specific amounts to be paid monthly for the support of the child or children, with adjustments made as the number of children receiving support changes.
Payment Method and Place All payments must be sent to the Texas Child Support State Disbursement Unit, with the inclusion of identifying information to ensure proper crediting of payments.
Prohibition of Informal Payments Payments made directly to the Obligee or expenditures made while the child is in the Obligor’s care do not count towards the child support obligation.
Governing Laws The provisions of this form are governed by Texas Family Code Sections 154.006 and 154.002, which outline the events that terminate child support and the obligations of child support, respectively.

How to Use Tx Child Support Order

Filling out the Texas Child Support Order form is a crucial step in ensuring financial support for children. This document formalizes the amount an individual, known as the "Obligor", must pay to the other parent, the "Obligee", for child support. It's important for both parents to understand the responsibilities and requirements laid out in this form. The procedure involves providing detailed information regarding both the Obligor and Obligee, the child or children involved, and the specific terms of the support arrangement, including payment amounts, frequency, and duration. Follow these steps to complete the form accurately.

  1. Start by checking the appropriate box at the top of the form to indicate whether this is an Order Modifying the Parent-Child Relationship or an Order Adjudicating Parentage.
  2. In the space provided after "The Court ORDERS", write the full name of the Obligor - the parent required to pay child support.
  3. Fill in the full name of the Obligee - the parent who will receive the child support payments - in the space provided.
  4. List the name(s) of the child or children for whom the child support will be paid.
  5. Review the section "Events that Terminate Child Support" and familiarize yourself with the conditions that will end the support obligation.
  6. Complete Section 3 by acknowledging the designations of the Obligor and Obligee as previously mentioned.
  7. If applicable, acknowledge the termination of the Obligee’s obligation to pay current child support as stated in Section 4.
  8. In Section 5A or 5B, check the appropriate box based on the number of children receiving support, and fill in the monthly child support amount(s) along with the start date(s) for payments.
  9. Ensure all child support payments will be sent to the Texas Child Support State Disbursement Unit as mentioned in Section 6, including all required information with each payment to avoid any processing delays.
  10. Understand and acknowledge that informal payments directly to the Obligee are not considered legal child support payments and do not count towards the Obligor's obligation.
  11. Fill out and take any necessary forms to set up a child support account as directed in Section 8.
  12. Decide if the support amount falls under guideline or non-guideline support as per Section 9 and provide the necessary information regarding both parents' net monthly resources.
  13. Read and understand the income withholding orders in Section 10, along with the conditions for suspension of income withholding stated in Section 11.
  14. Check the appropriate box in Section 14 if the Obligor is required to maintain a life insurance policy, ensuring the named beneficiary is the person receiving child support.
  15. Complete and sign any additional paperwork required by the court or child support enforcement agency.
  16. Submit the form and any additional documentation to the designated court or agency.

After submitting the Texas Child Support Order form, the court will review and approve the order. Once approved, the Obligor must adhere to the payment schedule and conditions outlined. Failure to comply may result in legal consequences. It's essential to keep a copy of the submitted form and any correspondence for personal records. If circumstances change, either party may request a modification of the child support order under specific conditions. Understanding and complying with the child support order helps ensure the well-being and financial security of the children involved.

Listed Questions and Answers

What is a Child Support Order in Texas?

A Texas Child Support Order is a legal document issued by a court that mandates one parent (the Obligor) to provide financial support for their child or children to the other parent (the Obligee). This order becomes part of either an Order Modifying the Parent-Child Relationship or an Order Adjudicating Parentage, establishing the details of payment amounts, schedules, and conditions under which the support must be provided.

How is the amount of child support determined?

The amount of child support ordered in Texas is determined based on guidelines set forth in the Texas Family Code. These guidelines consider the income of the Obligor, the number of children to be supported, and any specific needs of the children. The court may order guideline support, which closely follows these guidelines, or non-guideline support, which can significantly vary from the guideline amounts based on the circumstances.

What are the common reasons for child support termination?

Child support obligations in Texas typically end when any of the following happens:

  • The child turns 18 and is not in secondary school or enrolled in joint high school and junior college credit courses.
  • The child marries, passes away, or is legally emancipated.
  • The child begins active military service.
  • A court-ordered termination of the parent-child relationship, based on genetic testing that proves the Obligor is not the child's biological parent.
  • Remarriage of the Obligor and Obligee, unless a nonparent or agency has conservatorship over the child.

Where should child support payments be sent?

Child support payments in Texas must be sent to the Texas Child Support Disbursement Unit located in San Antonio. This ensures that payments are properly recorded and distributed. Direct payments to the Obligee are discouraged as they might not be recognized as child support, requiring the Obligor to make the payment again.

Can child support payments be deducted directly from the Obligor's paycheck?

Yes. The court can order an income withholding, directing the Obligor's employer to deduct child support payments from the paycheck directly. These deducted amounts are then sent to the Texas Child Support Disbursement Unit for distribution. This arrangement ensures timely payments and reduces the burden on the Obligor to make separate payments.

Is it possible to modify a child support order?

A child support order in Texas can be modified if there's been a material or substantial change in the circumstances of the child or a person affected by the order. It can also be modified if it has been three years since the order was rendered or last modified and the monthly amount of the child support award differs by either 20 percent or $100 from the guideline amount.

What happens if the Obligor does not make child support payments?

If child support payments are not made as ordered, several enforcement actions can be taken, ranging from income withholding to legal action that may result in fines or imprisonment for contempt of court. It's crucial for Obligors to notify the court or the Texas Child Support Division if they are unable to make payments to discuss potential modifications to the order.

Are there any consequences for making "informal" payments?

Yes. The court specifies that any informal payments made directly to the Obligee or for expenses while the child is in the Obligor's care do not count towards the child support obligation. These are considered additional to the ordered support amount. To ensure credit for payments, all child support should be sent through the official payment channel.

Both parents are required to fill out and submit any forms necessary for setting up a child support account and are responsible for paying any associated fees charged by the state disbursement unit or any other authorized agency for the collection and distribution of child support. This helps in maintaining an accurate record of payments.

What should be done in case of change in employment or address?

The Obligor is required to inform the court and the Obligee of any change in address or employment within seven days of such a change. Proper notification helps ensure that child support payments are not disrupted and that all parties are aware of the Obligor's current employment status for income withholding purposes.

Common mistakes

  1. Not correctly selecting the type of order to which the Child Support Order is attached is a common mistake. The form requires the filer to check whether it's an Order Modifying the Parent-Child Relationship or an Order Adjudicating Parentage. Failing to check the appropriate box can lead to confusion and potential delays in processing the order.

  2. Another frequent error is not printing the names of the child or children for whom support will be paid. It's crucial to clearly list each child's name to ensure that the order accurately reflects who will benefit from the child support payments. This detail helps in enforcing the order and tracking the support for each child.

  3. Misunderstanding the events that terminate child support can also lead to mistakes on the form. It's important to recognize that child support obligations typically end when a child reaches 18 and graduates from high school, among other specified events. Inaccurately anticipating the termination of child support can impact financial planning and the well-being of the child or children involved.

  4. Inaccurately stating the child support amount or the payment schedule, especially when multiple children are involved, is another common mistake. For instance, failing to adjust the support amount as child support terminates for each child can lead to incorrect payment amounts being ordered. This error requires careful attention to detail, particularly in situations involving support for multiple children with different termination events.

  5. A significant mistake is not understanding the prohibition against informal payments. The form specifically warns that direct payments to the other parent do not count as child support and mandates that all payments be sent through the Texas Child Support Disbursement Unit. Ignoring this instruction can result in payments not being credited, leading to potential disputes and additional financial obligations.

Each of these errors can severely impact the effectiveness and enforceability of the Child Support Order. Ensuring accuracy in these areas is essential for the well-being of the child or children involved and for the legal and financial stability of both parents.

Documents used along the form

When managing child support cases in Texas, several critical documents and forms often accompany the Child Support Order. These documents play a pivotal role in ensuring that the child support process is thorough and legally compliant.

  • Income Withholding Order (IWO): This document is sent to the obligor's employer, instructing them to withhold child support payments directly from the obligor's paycheck. It specifies the amount to be deducted each pay period and where to send the payment, ensuring timely and consistent child support payments.
  • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit: A legal document that provides information about a child's current and past residences, which helps establish the correct jurisdiction for child custody and support matters. It's essential for cases involving parents living in different states.
  • Medical Support Order: This order details the provision of health insurance for the child, including who is responsible for maintaining health insurance coverage and how uninsured medical expenses are to be shared between the parents. It ensures that the child's health care needs are addressed alongside regular child support.
  • Notice of Change of Address Form: Both parties in a child support arrangement are required to notify the court and each other of any change in address. This form facilitates compliance with legal obligations to keep contact information current, ensuring that all parties receive necessary legal and financial documents.
  • Request for Review by Child Support Division: If a parent believes that the child support amount needs to be adjusted due to a change in circumstances, they can file this form with the state's Child Support Division to request a review of the order. This is particularly relevant when it has been three years since the order was rendered or last modified, and the monthly support amount differs by either 20 percent or $100 from the current guidelines.

Each of these documents serves a specific function within the broader context of Texas child support laws, complementing the Child Support Order to ensure comprehensive coverage of the child's needs. These forms facilitate the enforcement of child support orders, ensure legal compliance by both parents, and ultimately support the well-being and development of the child.

Similar forms

The "Order Modifying the Parent-Child Relationship" form shares similarities with the Texas Child Support Order form in its function to legally alter the conditions of a parent's responsibilities towards a child. Both documents are integral to the family court system, focusing on the child's well-being by addressing financial support, custody, or visitation rights. While the Child Support Order specifically mandates financial support from the non-custodial parent to the custodial parent for the child's needs, the Modification Order may encompass a broader range of adjustments to the parent-child dynamic, including changes to previously set child support terms.

Similar to the Texas Child Support Order form, an "Order Adjudicating Parentage" also plays a pivotal role in determining financial responsibilities towards a child but focuses on establishing legal paternity. This form is essential when a child's paternity is in question and needs to be legally confirmed. Upon establishing paternity, the court may proceed to order child support similar to directives found in the Texas Child Support Order. Both documents ensure that the child's financial needs are met by legally identified parents, but the Order Adjudicating Parentage uniquely facilitates the initial recognition of a father's legal responsibilities toward a child.

An "Income Withholding for Support Order" operates in tandem with the Texas Child Support Order by ensuring the enforcement of child support payments through automatic deductions from the obligor's (parent ordered to pay support) income. While the Child Support Order specifies the amount, duration, and parties involved in the child support agreement, the Income Withholding Order functions as a practical mechanism to guarantee consistent financial support by directing an employer to withhold a portion of the obligor's earnings. Both documents safeguard the child's interest by facilitating the regular flow of support payments but do so through different stages of the enforcement process.

The "Affidavit for Termination of Child Support" shares a significant procedural link with the Texas Child Support Order by addressing the cessation of child support obligations. While the Texas Child Support Order details the circumstances under which child support is to be paid, including its inception and the conditions for termination, such as the child reaching a certain age or gaining independence, the Affidavit for Termination of Child Support is utilized to formally request the end of support payments when these predefined conditions are met. Both documents are critical to ensuring that child support arrangements are equitably initiated, maintained, and concluded according to the child's best interests and the legal standards set by the jurisdiction.

Dos and Don'ts

When filling out the Texas Child Support Order form, there are crucial steps to follow and common pitfalls to avoid to ensure compliance and accuracy in the establishment or modification of child support arrangements. Here’s a guide to navigate this process effectively:

Things You Should Do:

  • Verify all personal information: Double-check the names of the obligor, obligee, and children involved in the order, ensuring they are spelled accurately as per legal documents.
  • Include accurate payment details: Clearly state the child support amounts, the start date, and the specific payment schedule to prevent any confusion.
  • Understand termination events: Familiarize yourself with the conditions under which child support payments can be terminated to foresee future obligations or modifications needed.
  • Follow payment protocols: Ensure payments are made to the Texas Child Support Disbursement Unit to receive proper credit and avoid duplicate payments.
  • Report changes promptly: Notify the court and the other party of any changes in employment or address within 7 days, as required to maintain current records.

Things You Shouldn't Do:

  • Make informal payments: Avoid paying child support directly to the other parent. Payments not made through the Texas Child Support Disbursement Unit may not be credited.
  • Exclude required fields: Do not leave any mandatory sections incomplete, such as the obligation to fill out and submit forms necessary for setting up a child support account.
  • Ignore instructions regarding life insurance: If instructed to maintain a life insurance policy, do not overlook this requirement. The policy serves as additional security for the child support obligations.
  • Forget to list all children: Make sure to list each child receiving support under the order. Omitting a child could result in incomplete or incorrect child support calculations.
  • Disregard guideline or non-guideline support documentation: If your ordered amount deviates from the guidelines, adequately document the reason for this variation to prevent future legal challenges.

Misconceptions

Many misconceptions surround the Texas Child Support Order form. Clearing up these misunderstandings is essential for parents navigating the child support system.

  • Direct Payments to the Other Parent Count as Child Support: It's a common belief that directly paying the other parent is acceptable and will count towards your child support obligations. However, the order specifically states that child support payments should be sent to the Texas Child Support Disbursement Unit to ensure proper credit. Direct payments might not be recognized as fulfilling child support obligations.
  • Child Support Automatically Ends When a Child Turns 18: While many think child support automatically ceases when the child reaches 18, this is not always the case. The obligation may continue if the child is still enrolled in high school or a comparable program and complying with attendance requirements leading toward a diploma or enrolled in joint high school and junior college credit courses.
  • Changes in Employment Do Not Affect Child Support Payments: There's a misconception that changes in employment or income do not require notifying the court or the other parent. The truth is, the order mandates that the obligor must notify the court and the obligee of any employment changes within seven days after the change occurs.
  • Income Withholding Is Optional: Some believe that income withholding orders for child support are optional and can be ignored. Nonetheless, the order specifies that employers must withhold child support from the obligor’s disposable income unless an exception, as outlined in the document, applies.
  • Child Support Only Covers Basic Necessities: A mistaken belief is that child support is meant only for food, shelter, and clothing. In reality, child support is intended to cover a wide range of expenses, including educational costs, healthcare, and extracurricular activities.
  • Back Child Support Owed Can Be Forgiven: Many think it is simple to forgive back child support owed. However, the document makes clear that the obligee’s obligation to pay any past-due child support or arrearage judgment does not change unless specifically ordered by a court.
  • You Can Pay Child Support in Advance: Some parents assume they can prepay child support. While you can send more than the required amount, the order dictates how child support should be paid through the official channels to ensure proper crediting.
  • Child Support Is Not Due If You Have Primary Custody: There’s a common misunderstanding that having primary custody nullifies child support requirements. Regardless of custody arrangements, support is determined by the order and generally reflects the non-custodial parent's income.
  • The Standard Calculation Formula Always Applies: It's wrongly assumed the calculation formula for determining child support payments is inflexible. The order allows for deviations under certain conditions, recognizing that guideline support might be unjust or inappropriate depending on the circumstances.
  • Understanding Life Insurance Obligations: Finally, some parents are not aware that the obligor might be ordered to maintain a life insurance policy as additional security for child support. This requirement ensures that even after the obligor’s death, the child's financial needs are taken care of.

Navigating child support can be complex, and understanding these misconceptions can help parents better comprehend their obligations and rights under the Texas Child Support Order form.

Key takeaways

Understanding the Texas Child Support Order process is essential for both the obligor (the parent ordered to pay child support) and the obligee (the parent ordered to receive child support). Here are 10 key takeaways for filling out and using the Texas Child Support Order form effectively:

  • The Child Support Order should be fully incorporated into either the Order Modifying the Parent-Child Relationship or the Order Adjudicating Parentage, depending on the specific case.
  • Child support ends when the child turns 18 and graduates from high school, marries, dies, is emancipated, begins active military duty, or when paternity is legally disproven.
  • It specifically identifies the obligor and obligee for clarity throughout the document.
  • If there's a change, the obligation to pay current child support might end; however, any arrears must still be settled.
  • The amount of child support is detailed, with adjustments made for the number of children supported and changes accordingly as each child ages out.
  • All payments must be made through the Texas Child Support State Disbursement Unit to ensure proper accounting and crediting of payments.
  • Informal payments directly to the obligee are not counted towards the child support obligation, highlighting the importance of using the official payment channel.
  • Both parents are responsible for setting up a child support account and bearing any associated fees for the management and distribution of funds.
  • The court determines child support amounts based on either guideline support, which follows the Texas Family Code, or non-guideline support, which deviates due to circumstances.
  • Income withholding orders are standard, requiring employers to deduct child support directly from the obligor’s wages, ensuring consistent payments.
  • A provision for the suspension of income withholding exists if agreed upon, but strict conditions apply for reinstatement.
  • The obligor must notify the court and the obligee of any employment changes, ensuring ongoing compliance with the order even if circumstances change.
  • Child support obligations extend beyond the obligor’s death, becoming a claim against their estate if unpaid, ensuring children are supported financially.
  • Obligors may be required to maintain a life insurance policy, further protecting the financial interests of the children involved.
  • Changes to the child support order are possible if substantial changes occur or if a significant time has passed, offering some flexibility for future modifications.

This insight into the Texas Child Support Order form aims to simplify the complex nature of child support agreements, ensuring both parties understand their responsibilities and rights.

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