Custody & Support 
Frequently Asked Questions

Child Support Questions

   1) How much Child Support should a Parent be Paying?

   2) What does the Court Consider in Awarding Child Support?

   3) What do the Statutory Guidelines of the State Say a Parent Should Pay?

   4) My Spouse is Very Wealthy.  Can I receive more Child Support?

   5) What if a Parent Paying Child support is Supporting another Family?

   6) For How Long Must a Parent Pay Child Support?

   7) What Parent Must Pay for the Child's Health Insurance?

   8) What Should I do if I am not Receiving my Child Support Payments?

   9) Can I Claim my Child on my Income Tax Return?

Child Custody Questions

   10) What is the difference between a Sole Managing Conservator & Possessory Conservator?

   11) What Rights does a Possessory Conservator Have?

   12) What Rights does a Sole Managing Conservator Have?

   13) How Does the Court Determine which Parent to Appoint as Managing Conservator & which to appoint as Possessory Conservator?

   14) I am a Father.  Does that mean I will not get Possession of my Child?

   15) I have more than one Child.  Is the Court going to split them up?

   16) Can a Child Decide where he Lives?

   17) If I am not Awarded Custody, how much will I be able to Visit my Child?

   18) What if I Cannot Pay Support, Will I be Denied Access to my Child?

Modification Questions

   19) When Can a Child Support & Custody Order be Modified?

   20) I Cannot Afford to Pay my Support, Can it be Modified so I can Pay Less?

1) How much Child Support should a Parent be Paying?

A person should be paying the exact amount of child support that it states in the child support order handed down by the court.  However, the State of Texas has set out statutory guidelines that help the court to determine the proper amount of support that should be paid.  The court is also allowed to consider other factors when deciding how much support to award.  There is a presumption that a support order tied to these guidelines are in the best interest of the child.  

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2) What does the Court Consider in Awarding Child Support?

The Court considers-

1. Needs of the Child;

2. Ability of Parents to Contribute;

3. Financial Resources of Parents Available;

4. Amount of Possession and Access to Child; and

5. Statutory Guidelines of the the State.

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3) What do the Statutory Guidelines of the State Say a Parent Should Pay?

The statutory guidelines state that a parent with the following number of children should pay-

1. 1 Child- 20% of Paying Parents Net Pay

2. 2 Children- 25% of Paying Parents Net Pay

3. 3 Children- 30% of Paying Parents Net Pay

4. 4 Children- 35% of Paying Parents Net Pay

5. 5 Children- 40% of Paying Parents Net Pay

6. Over 5 Children- Not less than 40% of Paying Parents Net Pay          

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4) My Spouse is Very Wealthy Can I Receive More Child Support?

No.  The guidelines only apply to the first $6000 of net earnings per month of a paying parent.  If the person makes more than that a month, the court could order more.  But, the fact that the parent earns a whole lot of money does not justify deviation from the support guidelines- only the needs of the child justify such a deviation

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5) What if a Parent Paying Child support is Supporting another Family?

All children of the paying parent are taken into account. So, the fact that the paying parent must support another family is taken into account.

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6) For How Long Must a Parent Pay Child Support?

A parents duty to pay child support continues until the latter of the child finishing high school or turning 18. 

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7) What Parent Must Pay for the Child's Health Insurance?

Generally the parent who pay's child support must also pay for the child's health insurance.  If health insurance is available to the child through that parent's employer or through another organization at a reasonable cost, the court must order that parent to pay for health insurance for the child.

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8) What Should I do if I am not Receiving my Child Support Payments?

There are many ways to enforce a child support order.  If you are not receiving your child support because the other parent is not paying you, there are a variety of ways you can force them to do so.  Some of them include-

• Withholding the child support from their earnings;

• Hold them in contempt of court;

• Suspend their license (drivers license, hunting license, professional license, etc.)

• Create a judgment for child support arrearages.

The last thing you should do is to just accept that someone is not paying support.

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9) Can I Claim my Child on my Income Tax Return?

You should look to the court order in the final divorce decree in order to clarify who may claim the child on their Income Tax Return.  Generally, the parent who has custody of the child may claim them on their return.

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10) What is the difference between a Sole Managing Conservator & Possessory Conservator?

A Sole Managing Conservator is a parent that is awarded custody of the child.  The Possessory Conservator is the parent that only has visitation rights.

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11) What Rights Does a Possessory Conservator Have?

A Possessory Conservator is a parent without custody, but has visitation rights.

The Court must specify in its order what rights and duties each parent has, but generally, both parents have the right to-

1. Access to Records- right to have access to medical, psychological, and education records;

2. Talk to Teachers & Attend Functions- right to consult w/ school officials and attend school activities;

3. Notified in Emergency- right to be notified in an emergency; and 

4. Manage Estate Created by That Parent- the right to manage the child's estate to the extent it was created by that parent.

Furthermore, during the Possessory Conservator's period of possession, he has the right to-

1. Religious Training- direct the religious training of the child;

2. Care, Control, & Discipline- the duty of care, control, and discipline of the child;

3. Support- the duty to support the child; and

4. Right to Consent to Non-Invasive Care- the right to consent to non-invasive medical and dental care for the child.

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12) What Rights does a Sole Managing Conservator Have?

The Court must specify in its order what rights and duties each parent has, but generally, the Sole Managing Conservator has the right to-

1. Residence- designate child’s primary residence

2. Services & Earnings- any services and earnings of the child;

3. Education Decisions- make decisions concerning the child's education;

4. Marriage & Military- the sole right to consent to the right of the child to marry or enlist in the armed forces;

5. Medical Treatment- the sole right to consent to medical and psychological treatment;

6. Child Support- the sole right to accept child support payments; and

7. Legal Action- the sole right to represent the child in legal actions and make legal decisions for them.

Furthermore, during the Sole Managing Conservator's period of possession, he has the right to-

1. Religious Training- direct the religious training of the child;

2. Care, Control, & Discipline- the duty of care, control, and discipline of the child;

3. Support- the duty to support the child; and

4. Right to Consent to Non-Invasive Care- the right to consent to non-invasive medical and dental care for the child.

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13) How Does the Court Determine which Parent to Appoint as Managing Conservator & which to appoint as Possessory Conservator?

The court looks to the following factors in determining whom to appoint as Managing Conservator-

1.  Best Interests of the Child (by far the most important)

2.  Wishes of the Child

3.  Emotional and Physical needs of the child

4. Emotional and Physical dangers to the child

5. Parental Abilities

6. Stability of Home Environment

7. Any Bad Acts committed by a parent

8. Evidence of past Domestic Violence; and

9. Evidence of false reports of child abuse.

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14) I am a Father.  Does that mean I will not get Possession of my Child?

No.  Texas law does not allow courts to take into account gender or marital status when considering whom to appoint as sole managing conservator.  However, the mother of the child is often always appointed as sole managing conservator of the child with the right to determine the child's residence.

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15) I have more than one Child.  Is the Court going to split them up?

Most likely not.  When a couple has two or more children, there is a strong preference that they not be divided unless there are clear and compelling reasons to do so.  

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16) Can a Child Decide where he Lives?

Generally, No.  However, a child 12 or older may file an affidavit with the court naming the parent with who he wishes to reside.  This is subject to court approval. 

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17) If I am not Awarded Custody, how much will I be able to Visit my Child?

The Court must specify in its order what visitation schedule the parents must follow, but generally, the parent that is not awarded possession of the child will be allowed to have custody of the child on the following occasions-

•  6pm Friday-6pm Sunday on 1^st , 3^rd , and 5^th weekends of the month;

• 6pm-8pm every Thursday during the school year; and

• One Month during the Summer.

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18) What if I Cannot Pay Support, Will I be Denied Access to my Child?

No, a support order cannot condition the right of access to the child on payment of support.

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19) When Can a Child Support & Custody Order be Modified?

A Child Support & Custody order may be modified only by filing a motion to modify the order in the court that originally gave the order.  The court will only allow such a motion if it is in the Best Interests of the Child, and then only under the following circumstances-

• Changed Circumstances- circumstances of child or parent have materially and substantially changed (most common);

• Child Requests Change- a child 12 or older requests a change; or

• Relinquishment of Possession- the parent with custody of the child has relinquished possession of the child for 6 months.

You cannot agree with your ex-spouse to modify the child support order.  It must be modified by the court.

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20) I Cannot Afford to Pay my Support, Can it be Modified so I can Pay Less?

Most likely, Yes.  As long as a person can show that their circumstances have changed making it impossible to pay their support, the court will almost always allow a modification of support downward.

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