1 child |
20% of Obligor's Net Resources |
In addition to monthly child support payments, the payor is required to maintain the children on the payor's employment health insurance policy. If insurance is not available through the payor's employment, but is available through the payee's employment, the payor will be ordered to pay the premium costs. If insurance is not available through either parties' employment, the payor will be ordered to provide insurance coverage to the extent available and affordable. Additionally, the Court usually makes orders regarding the payment of deductibles and other uninsured expenses.
Absent marriage or other acts which would emancipate the child, child support orders continue until the child reaches age 18. If the child is in high school at age 18, support continues until high school graduation. If the child is disabled, it may be possible to continue child support for an indefinite period. Texas law makes no provision for support during college, or the payment of college expenses. However, this can be done by a contract between the parties if an agreement can be reached on this issue.
CAUTION: Informal agreements between the parties are not binding on the Court. If your former spouse agrees to give you primary possession of the children, and then demands return of the children several days later, you have no enforceable right to retain possession. If you rely on the agreement of your former spouse that you can pay a lesser amount of child support, you are likely to find yourself in contempt of court. If agreements are reached, contact an attorney to have them reduced to the form of a court order.
CAUTION: Please remember that the duty to pay child support and the right to periods of possession with the child are independent concepts. If your spouse or former spouse does not allow you to see the children, you cannot refuse to pay child support. If your spouse or former spouse is not paying child support, you cannot refuse visitation rights with the children. Your remedy is to seek enforcement of the court order. If you violate the court order, your spouse can file an enforcement action against you. If you do not pay child support, the Court can order jail time, garnishment of wages, and other onerous punishments. If you refuse visitation, there are civil and criminal remedies available to the other parent. Additionally, the child's parent could seek modification of the conservatorship arrangement to decrease your rights.