Welcome! Welcome!Notice ×THE TEXAS OAG CHILD SUPPORT WEBSITE WILL BE UNAVAILABLE DUE TO MAINTENANCE FROM 7:00 PM ON FRIDAY, APRIL 13, 2018 UNTIL 7:00 AM ON SATURDAY, APRIL 14, 2018. Here, you can access all of your child support account information, forms, and services provided by the Texas Office of the Attorney General, Child Support Division. Notice XFree tax preparation services may be available through Volunteer Income Tax Assistance (VITA) sites in your area. To find free tax preparation services in your area: Call the IRS: (800) 906-9887Visit the IRS website: http://irs.treasury.gov/freetaxprep/Call 2-1-1 and ask for “tax preparation assistance”Download the free IRS2GO app at https://www.irs.gov/uac/IRS2Go App Free tax preparation is not a service of the Child Support Division. Information about free tax preparation services is provided by the Texas Attorney General in compliance with Texas Family Code §231.123Custodial Parent Login Noncustodial Parent Login Apply for Services Pay Online* Important Notices *Attorney Payment Record Request 
How a Texas Divorce Case Works How a Texas Divorce Case Works Learn about the divorce process in Texas. By Lisa Guerin, J. D. Considering Divorce? We've helped 85 clients find attorneys today. Please answer a few questions to help us match you with attorneys in your area. Select a Practice Area Marital status"In Nolo you can trust. "— The New York Times Why You Can Trust Us We match 50,000 consumers with lawyers every month. Our service is 100% free of charge. Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years. Featured In Copyright © 2018 Nolo ® Self-help services may not be permitted in all states. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy .7031 Koll Center Pkwy, Pleasanton, CA 94566Here are the basic things you'll need to consider in a Texas divorce case. Filing the Petition Temporary Orders Discovery Income Taxes Attorney Fees Spousal Support Name Change Filing the Petition In Texas, the divorce process starts when either spouse files a petition for divorce. The petition may be two pages or 40 pages long, depending on your circumstances and the relief you request. To file a petition, you must have lived in Texas continuously for at least six months, and in the county where you file the petition for at least 90 continuous days. This petition is filed with the court clerk, and your case is assigned to a family court. The assignment of cases is random. Your lawyer cannot select the court or the judge. After it is process at the courthouse, the petition must be delivered to your spouse. The most common means of delivery is by having a Sheriff, Constable, or private process server hand your spouse the petition and a citation. The citation is essentially a cover sheet that tells your spouse a lawsuit has been filed and provides the time limits for responding. If you and your spouse are working together on the divorce, your spouse can waive service of process. Temporary Orders You may want to ask the court to issue one or more orders between the date you file the petition and the date your divorce becomes final. You may need a temporary restraining order (TRO) and temporary injunction to prevent your spouse from transferring or disposing of property and/or to prevent harassment. A TRO and a temporary injunction give the same relief -- essentially, they maintain the "status quo" and preserve property until the court divides it -- but they last for different time periods. A TRO is good only for 14 days, and is granted without notice to your spouse or a hearing. A temporary injunction is granted after notice and hearing (or agreement of both spouses), and remains in effect until your divorce is granted. Realistically, temporary injunctions are routinely granted upon request, and are made mutual; this means they apply to both spouses equally. Temporary orders may also be needed to settle which spouse shall remain in the family home, who will pay the bills, who will pay and care for the children, and so on while the divorce case is pending. If you have obtained a Temporary Restraining Order or requested a hearing for temporary orders, the Court will set a hearing date. Unless you reach an agreement with your spouse before the scheduled hearing, you will have to appear in court at the hearing. Discovery Discovery is the process by which each side gathers documents and information relevant to the lawsuit. Some common discovery methods are depositions (oral testimony before a court reporter); interrogatories (written questions); requests for production of documents (such as tax returns, bank account records, deeds, and other financial papers); or requests for admissions. If you are served with discovery requests or a notice to take your deposition, your lawyer will guide you accordingly. Income Taxes Generally, you and your spouse will be jointly and individually liable for all taxes due in any year in which you filed a joint return. This means the IRS can pursue collection actions against either or both of you. Even if the court orders your spouse to pay the whole tax bill, that isn't binding against the IRS, and does not prevent the assessment of penalties and interest. Recent tax debts also can't be discharged in bankruptcy. Attorney Fees Each party is responsible for his or her own attorney's fees and costs of litigation. It may be treated as a marital debt and divided like all other property in the divorce. The Court also has the option to require one party to pay all or any part of the attorney's fees and costs for the other party, depending on their respective financial resources and the facts of the case. Spousal Support In 2012, Texas law regarding spousal support (alimony) changed. Spousal support may be awarded in a divorce only if both of these things are true: The spouse seeking support must lack the resources to meet his or her own basic minimum needs. The marriage must have lasted at least ten years, in most cases. In deciding whether to award alimony, the court will consider a number of factors, including the education and earnings of each spouse, the property each spouse owns, and any misconduct during the marriage. Name Change You may request a change of your name as part of your divorce action. Name change requests are usually granted even if there are minor children. If you think you would like to change your name, it would best to do so as part of your divorce. As a separate lawsuit, the requirements are much stricter.  e-childsPay SM Allows you to e-childs Pay SM Allows you to Pay your child support payments with a credit or debit card via the Internet or Interactive Voice Response Associate child support case information within your secure account profile Maintain online payment information for fast payment View online payment history Start now  childsupportillinois.com Choose a topic... Top 10 Luxury Cars Free Credit Report Work from Homesong lyrics Designer Apparelfind a tutor Online classifieds Healthy Weight Loss Contact Lens Best Mortgage Rates Cheap Air Tickets  How to Claim a Hardship When Paying for Child Support Each state sets its own formula for how much child support a noncustodial parent has to pay. A given formula may, for example, base support payments on what the noncustodial parent earns, or base the amount on both parents' income. The child's needs are the top priority, but if a parent encounters financial hardship, a court can modify the payment amount. Depending on the situation, a modification can be temporary or a permanent change. Temporary disability can be grounds for recalculating child-support.credit: John Rowley/Digital Vision/Getty Images Undue Hardship A noncustodial parent can suffer undue hardship due to a job loss, a substantial pay cut, or a temporary inability to work due to illness. The custodial parent can request a hardship-based increase in child support for similar reasons. Each state sets its own rules for when hardship justifies modifying child support. For example, the first year a court issues a child-support order in Washington State, orders are only modified for hardship due to what state law calls "substantially changed circumstances." After a year, the law says "severe economic hardship" can justify a modification even without a change to circumstances. Talking It Out Either parent -- custodial or noncustodial -- can request a change in child-support payments because of undue hardship. The simplest way to arrange this, if both exes are willing, is to try negotiating the new amount between themselves. If they agree on the modification, the change still requires court approval. If both parents are on the same page, judges usually approve the requested change unless it falls way outside the state's guidelines. Video of the Day Legal Procedure To request a change in child support, a parent must follow his state's legal procedures. In Ohio, for example, a parent requests a modification through the court or through the state Child Support Enforcement Agency. To change the order through the courts, the parent must file a motion, then notify his ex. The parent requesting the change must offer proof of financial hardship. That's a requirement in any state. Act Promptly If the noncustodial parent has trouble paying child support, she shouldn't wait to request a modification. Any payments she misses must be made up eventually. Suppose the parent misses four months of payments, then decides she needs a modification. Even if the judge agrees, the parent is still on the hook for four months of back child support. A modification isn't retroactive -- nothing but paying the money makes the obligation go away.  Application for child support services Home » Programs & Services » Application for child support services Application for child support services Apply Online through Constituent Services Portal or Print, fill out, and mail in one of the application packets below Follow the instructions on filling out the application completely. Mail the completed application and any applicable fee to the child support office in your county. Our offices are listed on the Office Locations page. Please call our Communications Center at 1-844-MYGADHS (1-844-694-2347) if you need further information on the application process. Opening a case in Georgia with no prior order: (Paternity establishment/order establishment)Packet I (17 Pages) Please print, complete, and return all pages Application Instructions Applicant Rights & Responsibilities Application Personal / Financial Affidavit Paternity Affidavit HIPAA Authorization and Privacy Notice Direct Deposit Authorization Opening a case in Georgia with previous orders and the noncustodial parent (NCP) lives in Georgia: (Enforcement/Review Modifications)Packet II (19 Pages) Please print, complete, and return all pages Application Instructions Applicant Rights & Responsibilities Application Personal / Financial Affidavit Pre-existing orders page / Arrears affidavit HIPAA Authorization and Privacy Notice Direct Deposit Authorization Opening a case in Georgia and the NCP resides in another state: (Paternity Establishment/Order Establishment, Enforcement/Review Modifications)Packet III (30 Pages) Please print, complete, and return all pages Application Instructions Applicant Rights & Responsibilities Application Personal / Financial Affidavit Pre-existing orders page / Arrears affidavit HIPAA Authorization and Privacy Notice (HIPAA)Intergovernmental General Testimony Direct Deposit Authorization The HIPAA Authorization and Privacy Notice is needed by the Division of Child Support Services (DCSS) in all cases where: Genetic testing is necessary, and When the applicant, child (ren) or noncustodial parent later become disabled and the disability may affect the enforcement of the case. Please sign these forms and send them with your new application to DCSS. By doing so, you are authorizing disclosure of the protected health information that is deemed necessary by the attorney representing DCSS. The attorney will use this authorization for the following:a. To establish that you are a biological parent or custodian of the child (ren) for whom child support services have been requested;b. To determine the existence of special medical needs of the child (ren) demonstrating a need for additional medical support or specialized health or education services;c. To allow DCSS to release the genetic testing results of either yourself, the opposing party or the child (ren);d. To establish a full or partial disability preventing or limiting your employment, ande. To respond to an order of any court having jurisdiction over any child support action brought on the child (ren)'s behalf. Please be advised that if you refuse to sign the HIPAA Authorization and Privacy Notice, you will not receive a complete copy of the genetic test results. Last Revised: 10/3/2017 Attn: DCSS Policy & Paternity Unit  Welcome! Welcome!Here, you can access all of your child support account information, forms, and services provided by the Texas Office of the Attorney General, Child Support Division. Notice XFree tax preparation services may be available through Volunteer Income Tax Assistance (VITA) sites in your area. To find free tax preparation services in your area: Call the IRS: (800) 906-9887Visit the IRS website: http://irs.treasury.gov/freetaxprep/Call 2-1-1 and ask for “tax preparation assistance”Download the free IRS2GO app at https://www.irs.gov/uac/IRS2Go App Free tax preparation is not a service of the Child Support Division. Information about free tax preparation services is provided by the Texas Attorney General in compliance with Texas Family Code §231.123Custodial Parent Login Noncustodial Parent Login Apply for Services Pay Online* Important Notices *Attorney Payment Record Request  . Title XLIII DOMESTIC RELATIONS Chapter 742 DETERMINATION OF PARENTAGE View Entire Chapter742.18 Disestablishment of paternity or termination of child support obligation. — (1) This section establishes circumstances under which a male may disestablish paternity or terminate a child support obligation when the male is not the biological father of the child. To disestablish paternity or terminate a child support obligation, the male must file a petition in the circuit court having jurisdiction over the child support obligation. The petition must be served on the mother or other legal guardian or custodian of the child. If the child support obligation was determined administratively and has not been ratified by a court, then the petition must be filed in the circuit court where the mother or legal guardian or custodian resides. Such a petition must be served on the Department of Revenue and on the mother or legal guardian or custodian. If the mother or legal guardian or custodian no longer resides in the state, the petition may be filed in the circuit court in the county where the petitioner resides. The petition must include: (a) An affidavit executed by the petitioner that newly discovered evidence relating to the paternity of the child has come to the petitioner’s knowledge since the initial paternity determination or establishment of a child support obligation. (b) The results of scientific tests that are generally acceptable within the scientific community to show a probability of paternity, administered within 90 days prior to the filing of such petition, which results indicate that the male ordered to pay such child support cannot be the father of the child for whom support is required, or an affidavit executed by the petitioner stating that he did not have access to the child to have scientific testing performed prior to the filing of the petition. A male who suspects he is not the father but does not have access to the child to have scientific testing performed may file a petition requesting the court to order the child to be tested. (c) An affidavit executed by the petitioner stating that the petitioner is current on all child support payments for the child for whom relief is sought or that he has substantially complied with his child support obligation for the applicable child and that any delinquency in his child support obligation for that child arose from his inability for just cause to pay the delinquent child support when the delinquent child support became due. (2) The court shall grant relief on a petition filed in accordance with subsection (1) upon a finding by the court of all of the following: (a) Newly discovered evidence relating to the paternity of the child has come to the petitioner’s knowledge since the initial paternity determination or establishment of a child support obligation. (b) The scientific test required in paragraph (1) (b) was properly conducted. (c) The male ordered to pay child support is current on all child support payments for the applicable child or that the male ordered to pay child support has substantially complied with his child support obligation for the applicable child and that any delinquency in his child support obligation for that child arose from his inability for just cause to pay the delinquent child support when the delinquent child support became due. (d) The male ordered to pay child support has not adopted the child. (e) The child was not conceived by artificial insemination while the male ordered to pay child support and the child’s mother were in wedlock. (f) The male ordered to pay child support did not act to prevent the biological father of the child from asserting his paternal rights with respect to the child. (g) The child was younger than 18 years of age when the petition was filed. (3) Notwithstanding subsection (2), a court shall not set aside the paternity determination or child support order if the male engaged in the following conduct after learning that he is not the biological father of the child: (a) Married the mother of the child while known as the reputed father in accordance with s. 742.091 and voluntarily assumed the parental obligation and duty to pay child support; (b) Acknowledged his paternity of the child in a sworn statement; (c) Consented to be named as the child’s biological father on the child’s birth certificate; (d) Voluntarily promised in writing to support the child and was required to support the child based on that promise; (e) Received written notice from any state agency or any court directing him to submit to scientific testing which he disregarded; or (f) Signed a voluntary acknowledgment of paternity as provided in s. 742.10 (4). (4) In the event the petitioner fails to make the requisite showing required by this section, the court shall deny the petition. (5) In the event relief is granted pursuant to this section, relief shall be limited to the issues of prospective child support payments and termination of parental rights, custody, and visitation rights. The male’s previous status as father continues to be in existence until the order granting relief is rendered. All previous lawful actions taken based on reliance on that status are confirmed retroactively but not prospectively. This section shall not be construed to create a cause of action to recover child support that was previously paid. (6) The duty to pay child support and other legal obligations for the child shall not be suspended while the petition is pending except for good cause shown. However, the court may order the child support to be held in the registry of the court until final determination of paternity has been made. (7) (a) In an action brought pursuant to this section, if the scientific test results submitted in accordance with paragraph (1) (b) are provided solely by the male ordered to pay child support, the court on its own motion may, and on the petition of any party shall, order the child and the male ordered to pay child support to submit to applicable scientific tests. The court shall provide that such scientific testing be done no more than 30 days after the court issues its order. (b) If the male ordered to pay child support willfully fails to submit to scientific testing or if the mother or legal guardian or custodian of the child willfully fails to submit the child for testing, the court shall issue an order determining the relief on the petition against the party so failing to submit to scientific testing. If a party shows good cause for failing to submit to testing, such failure shall not be considered willful. Nothing in this paragraph shall prevent the child from reestablishing paternity under s. 742.10. (c) The party requesting applicable scientific testing shall pay any fees charged for the tests. If the custodian of the child is receiving services from an administrative agency in its role as an agency providing enforcement of child support orders, that agency shall pay the cost of the testing if it requests the test and may seek reimbursement for the fees from the person against whom the court assesses the costs of the action. (8) If the relief on a petition filed in accordance with this section is granted, the clerk of the court shall, within 30 days following final disposition, forward to the Office of Vital Statistics of the Department of Health a certified copy of the court order or a report of the proceedings upon a form to be furnished by the department, together with sufficient information to identify the original birth certificate and to enable the department to prepare a new birth certificate. Upon receipt of the certified copy or the report, the department shall prepare and file a new birth certificate that deletes the name of the male ordered to pay child support as the father of the child. The certificate shall bear the same file number as the original birth certificate. All other items not affected by the order setting aside a determination of paternity shall be copied as on the original certificate, including the date of registration and filing. If the child was born in a state other than Florida, the clerk shall send a copy of the report or decree to the appropriate birth registration authority of the state where the child was born. If the relief on a petition filed in accordance with this section is granted and the mother or legal guardian or custodian requests that the court change the child’s surname, the court may change the child’s surname. If the child is a minor, the court shall consider whether it is in the child’s best interests to grant the request to change the child’s surname. (9) The rendition of an order granting a petition filed pursuant to this section shall not affect the legitimacy of a child born during a lawful marriage. (10) If relief on a petition filed in accordance with this section is not granted, the court shall assess the costs of the action and attorney’s fees against the petitioner. (11) Nothing in this section precludes an individual from seeking relief from a final judgment, decree, order, or proceeding pursuant to Rule 1.540, Florida Rules of Civil Procedure, or from challenging a paternity determination pursuant to s. 742.10 (4). History. — s. 1, ch. 2006-265.  Frequently Asked Questions Frequently Asked Questions The Child Support Division in the Office of the Attorney General assists parents in obtaining the financial support necessary for children to grow up and succeed in life. To encourage parental responsibility, the Office of the Attorney General establishes paternity of children, establishes court orders for financial and medical support, and enforces support orders. The Attorney General promotes the involvement of both parents in their children’s lives by working with community groups, schools and hospitals. In the performance of their duties on behalf of Texas children, child support staff focus on efficiency, effectiveness and customer service. Custodial parents can call the 24-hour hotline at (800) 252-8014 to receive automated information. With their customer identification numbers (CIN), they can receive information on payments and case status without having to wait for a caseworker. Compact with Texans As mandated by Title IV-D of the Social Security Act of 1975 and designated by the State of Texas, the Office of the Attorney General is responsible for the establishment and enforcement of child support. The Office of the Attorney General represents the State of Texas and cannot represent individuals involved in child support suits. Services What does the child support program do? As the designated Title IV-D agency, the Office of the Attorney General is responsible for:locating absent parents;establishing paternity;establishing, enforcing and modifying child and medical support orders andcollecting and distributing child support monies. Who can apply for child support services and what is the fee? The Attorney General’s office accepts applications from mothers, fathers and other individuals who request services. Our attorneys represent the State of Texas in providing child support services and do not represent either parent in the case. Customers do not have the right to select what enforcement actions are taken in their cases. The Office of the Attorney General is required to provide all appropriate services for the benefit of the children. Temporary Assistance for Needy Families (TANF) and certain Medicaid recipients automatically receive child support services after they are certified for public assistance. Persons who do not receive TANF or Medicaid must apply for child support services. There is no charge to apply for child support services. Many services are provided at no cost. Effective October 1, 2011, custodial parents with full-service cases who have never received TANF will pay a $25 fee each year that they receive at least $500 in child support collections. Fees will be deducted from child support payments. Parents who have more than one child support case will pay a fee on each case that meets the criteria. Where do people apply for child support services with the Office of the Attorney General? The Child Support Division of the Office of the Attorney General operates field offices throughout the state where people may apply for services. The telephone numbers and addresses for these offices can be found on our website. A parent can also request an application for services by calling our toll-free telephone number at (800) 252-8014 or by clicking here. An applicant who is deaf or hard of hearing can call TTY (800)572-2686 (512) 460-6417 or (512) 460-6399 (voice). How long before payments begin? Obtaining child support involves a wide variety of factors, making it difficult to predict the time required to secure payments on individual cases. For example, one case may require the full range of services — locating the absent parent, establishing paternity and a support order, and enforcing the order. Another case may have a divorce decree with an established order, a social security number, and an employer for the noncustodial parent, allowing enforcement of payment through an administrative income withholding order. What information does the Office of the Attorney General need to locate a noncustodial parent? The most important information an applicant can provide, aside from the noncustodial parent’s current address, is the name and address of the noncustodial parent’s current employer. If the current employer is not known, the name and address of the last known employer should be provided. Additionally, the following information about the noncustodial parent should be made available:social security number and date of birth;names and addresses of relatives and friends;names of banks or creditors such as utility companies;names of organizations, unions or clubs to which the noncustodial parent belongsand places where the noncustodial parent spends free time. What documents are needed by the Office of the Attorney General? If available, child support applicants should submit copies of the following:the divorce decree, separation agreement or court order for child support;the acknowledgment of paternity, if one has been signed;the birth certificate (s) of the child (ren) involved;all documents that may reflect both parents' incomes and assets (paycheck stubs, tax returns, bank statements, etc.) andevidence of child support payment history. How do parents obtain an agreed order? Parents with an open child support case can establish an agreed paternity and child support order by participating in a Child Support Review Process (CSRP) negotiation conference. Depending on the local office handling your case, you may be automatically scheduled for a CSRP negotiation meeting or you may need to contact the office and request a CSRP negotiation meeting. Minor parents can ask their local child support office if a pre-trial negotiation conference can be scheduled. At the conference the minor parents and their adult representatives (legal guardian, parent, or next friend) will meet with a child support officer and negotiate a child support order in the privacy of an office. If all issues are resolved during the conference, then the parties will not have to appear in court. Child support offices may not be able to accommodate all requests for pre-trial negotiation conferences. Can grandparents open a child support case to establish support for their grandchild (ren)? Under certain circumstances a grandparent can open a child support case to establish paternity and obtain court ordered child support. If a grandparent has been appointed the legal guardian of his/her grandchild and the grandparent needs help enforcing or modifying a child support order, the grandparent can apply for child support services. A grandparent who is receiving government benefits such as TANF or Medicaid, may be asked to cooperate with our office to establish a child support order with the biological parents of the child. If the grandparent can provide proof that the child has been living with and under the supervision of the grandparent, then the grandparent can apply for child support services. A separate child support case will be opened with each noncustodial parent (mother and father), even if one or both parents live in the same household. How do TANF recipients seek child support? To receive TANF benefits through the Texas Health and Human Services Commission, recipients must cooperate with the Office of the Attorney General’s efforts to identify the child (ren)’s noncustodial parent and collect child support. TANF recipients must assign to the State their right to child support collections. Payments collected in the case while the family receives TANF benefits are applied toward reimbursing the state and federal governments for TANF benefits received by the family. However, the family will receive as a “pass-through” the first $75 collected during any month that a current child support payment is made. When the family no longer receives TANF, all current support payments are sent to the custodial parent. I have some child support issues, but I am deaf. How do I go about communicating with the Attorney General’s Office? You may call (toll-free in Texas) (800) 572-2686 (TTY) or (512) 460-6043 (fax). When you call, please have the following information available: your name, Social Security number and TTY number. You also may learn valuable information on the Attorney General’s website at www.texasattorneygeneral.gov. What if a person no longer wants the Office of the Attorney General's services? If the custodial parent no longer receives TANF or Medicaid and wishes to discontinue child support enforcement services, the case will be reviewed for case closure. In most instances, payments on closed cases will continue to be processed by the State Disbursement Unit until further order of the court. How can child support be changed? Only the Court can modify the child support order. It cannot be done by agreement of the parties. Grounds for a modification include a material and substantial change in the circumstances of a child or a person affected by the order, or the passage of three years since the last child support order and a difference in monthly payment by either 20 percent or $100 from the child support guidelines. A parent subject to a child support order may request a review of the ordered child support amounts every three years by contacting the Office of the Attorney General. What if the noncustodial parent is still in school and has no money? Remember, a noncustodial parent is responsible for supporting his or her child even if that parent is still a minor. The judge will look at a young parent’s income while he or she is still in school and decide how much support must be paid. The noncustodial parent’s income can be reviewed again after he or she has finished school and begins working. The judge will decide what changes need to be made in the child support payment. Paternity If an unmarried father is already providing support, is it necessary to establish paternity? Yes. Even though the child’s father is providing support, he may change his mind, become disabled, or even die. In most cases, unmarried parents can ensure certain benefits for their children only if paternity has been established. Children who are supported by only one parent often do not have enough money for even basic needs. Every child is entitled to financial support and other resources from both parents. The custodial parent, the child, and the child’s doctor need to know whether the child has inherited any diseases or disorders that may not be detected at birth or in childhood. Children can receive better medical treatment if doctors know the full medical history of the family. If paternity has been established, a child has a legal father and will have the possible right of inheritance from both parents. The child may also be eligible for other benefits such as Social Security, medical insurance, life insurance and veteran’s benefits. How does paternity establishment affect custody and visitation? Each parent has the duty to financially and emotionally support his or her child. Each parent is presumed to possess the right to custody or visitation. If the parents cannot agree, custody, child support, and visitation will be decided by a court. Both parties must obey the court order. One parent cannot refuse to pay support because the other parent is refusing visitation and vice versa. How is paternity established? Paternity may be voluntarily established by agreement of both the mother and the father of the child. The parents can sign an Acknowledgment of Paternity (AOP), which becomes a legal finding of paternity when it is filed with the Texas Vital Statistics Unit. If the mother or alleged father is not sure about the paternity of the child, neither should sign an AOP. Paternity should be established through the courts. What happens if the father signs the Acknowledgment of Paternity? Effective September 1, 1999, Texas law states that a biological father will become the legal father if both he and the mother sign an AOP. This makes him legally responsible for paying child support if he lives apart from the child and enables the court to grant him visitation or custody. In order to obtain child support and visitation rights that are enforceable, a parent must go to either a child support office or a private attorney. Where can we complete the Acknowledgment of Paternity form? An Acknowledgment of Paternity (AOP) form can be completed by a certified entity, such as a local birth registrar or child support office. Parents completing an AOP form through a child support office are not required to open a child support case. Information on local certified entities and information about establishing paternity is available toll-free at (866) 255-2006. What if the father wants to sign the Acknowledgment of Paternity but cannot come to the hospital? The AOP can be signed before or after the birth of the child. However, the AOP must be processed through a certified entity. If the father cannot be at the hospital, both parents can go to a certified entity (child support office or local birth registrar’s office) to process the AOP and get an entity code. Then, the mother can bring the AOP to the hospital and have it completed at the time of the birth of the child. The AOP also can be processed after the birth of the child by going to a certified entity. Parents who live out of state can get assistance in completing the AOP over the phone by calling (866) 255-2006. What if the mother is married to someone else at the time of the child’s birth or the baby is born within 300 days of the date of her divorce? If the mother is married to someone other than the bio¬logical father at the time of the child’s birth or the baby is born within 300 days of her divorce from a man who is not the biological father, that man is the presumed father. The biological father cannot become the legal father by signing the AOP until a presumed father, if any, signs the Denial of Paternity, which is part of the AOP form. If the Denial is not signed, either biological parent can open a case with the Attorney General or establish paternity through the courts. What if the mother is not sure who the father is? If the mother applies for services or is referred to the Child Support Division to establish paternity, she will be asked questions about men who may have fathered the child. It is very important for the mother to provide as much information as she can to help determine the father’s identity. Paternity may be established even if the father is still in school or if he lives in another state. What if the pregnancy was unplanned? Texas law says that both parents are responsible for supporting their children. Just as the mother is responsible for the child even if the pregnancy was not planned, so is the father. This means that once the court determines the identity of the biological father, the man must help support his child. What if the father does not believe it is his child? He may ask for scientific paternity testing. A court will examine the results of the paternity test and then decide whether the alleged father is the biological father. Who pays for the paternity test? If a parent opens a child support case with the Office of the Attorney General (OAG) and the OAG determines that a DNA test is necessary, generally one will be provided at no cost. What if one or both parents change their mind after they have signed the AOP and it has been filed at VSU? Anyone who signs the AOP may file a Rescission of the Acknowledgment of Paternity form (VS-158) to rescind the AOP. The form must be filed before the first 60 days after the AOP has been filed with the Vital Statistics Unit (VSU) or before a legal proceeding related to the child is initiated, whichever comes first. After that, a person may challenge the AOP in court under certain situations. Parents must read the AOP carefully before signing it. The AOP is a legal document. Texas Penal Code, Section 37.10, specifies penalties for making false entries or providing false information on the AOP. Minor Parents Why do minor parents have to provide their parent/legal guardian’s information? Under Texas law, minors are not seen as adults in civil legal matters and must have an adult representative during legal matters, including child support suits. A minor parent, when applying for child support services, should provide the name and contact information of an adult who can serve as their next friend (adult representative). In most cases this will be the minor’s parent or legal guardian. What is a next friend? A next friend is an adult representative for a minor. The adult representative is responsible for protecting the legal rights of the minor. The next friend should make sure that the minor parent understands the legal decisions being made during the child support court process. The next friend can either be the parent or legal guardian of a minor or a court appointed adult representative. The next friend will be responsible for accompanying the minor parent to any and all pretrial negotiation conferences and court hearings. The next friend will not be ordered to pay court costs, fees, child support or medical support. Who can serve as a next friend? As mentioned above, in most cases the next friend will be the minor parent’s parent or legal guardian. If the legal guardian of the minor parent is unable to serve as the adult representative, the minor parent may choose to bring before the court a trusted adult who is willing to be appointed as a next friend. The court will determine who shall be appointed to serve as the minor parent’s adult representative. What if a parent/legal guardian is unwilling or unable to serve as the adult representative for a minor parent on an open child support case? The court can appoint a guardian ad litem or attorney ad litem (if possible) to represent a minor parent. A minor parent may bring to court a trusted adult who is willing and able to serve as his or her next friend. The judge will determine whether that person can be appointed as the next friend. If the paternal grandparents are providing support on behalf of the child’s father, is it necessary to establish paternity? Yes. Even if the child’s grandparents are providing financial support or goods (diapers, formula, clothes, etc.) a child’s legal rights to his/her father are not protected unless legal fatherhood is established. In most cases, unmarried parents can ensure certain benefits for their children only if paternity has been established. Enforcement What if the child's noncustodial parent lives in another state? The law requires states to cooperate with each other. The noncustodial parent is legally required to make regular child support payments, no matter where he or she lives. What if the noncustodial parent gets behind in child support payments or refuses to pay? If a noncustodial parent does not pay child support, he or she is subject to enforcement measures to collect regular and past-due payments. The Child Support Division uses many techniques to enforce child support orders, including:requiring employers to deduct court-ordered child support from the noncustodial parent's paycheck through wage withholding;intercepting federal income tax refund checks, lottery winnings, or other money that may be due from state or federal sources;filing liens against his or her property or other assets;suspending driver’s, professional, and hunting and fishing licenses; andfiling a lawsuit against the noncustodial parent asking the court to enforce its order. A judge may sentence a nonpaying parent to jail and enter a judgment for past due child support. License Suspension Who is affected by the license suspension law? Noncustodial parents who hold a state license, owe more than three months of past-due child support, and are not in compliance with an existing court-ordered or voluntary repayment schedule face license suspension. What types of licenses are usually suspended? Most adults have a driver’s licenses. Computer matches can determine which obligors have other licenses and permits ranging from medical, dental, and law licenses to hunting and fishing licenses. How many licensing agencies are involved? The statute identifies 60 licensing agencies. However, this list is not exclusive. For example, “licensing authority” includes political subdivisions and any other board or agency not listed by name. How does the process work? The Attorney General’s Child Support Division electronically matches its caseload with other state agencies that are responsible for issuing licenses. When the match shows that a parent who meets the statutory criteria for license suspension holds one or more of the identified licenses, the Office of the Attorney General will send the license holder a warning and provide an opportunity to resolve the outstanding delinquency. If the parent fails to respond, the Child Support Division will confirm his or her location and other information necessary to suspend the license and then refer the case for administrative or judicial prosecution. Custody and Visitation Can a parent take custody of the child instead of making child support payments? Both parents must provide for the child, no matter which parent has primary custody. Child support is normally paid to the custodial parent for the benefit of the child. Legal custody can be changed, but only if the parents go to court to modify the previous child support order and establish a child support amount for the new noncustodial parent. Does the Office of the Attorney General handle custody and visitation disputes? Federal regulations do not allow the Office of the Attorney General to use child support funding to provide legal services for custody or visitation disputes. The Office of the Attorney General does receive limited special funding to provide assistance to parents with custody and visitation issues. Information about these services and basic legal information regarding child access and visitation issues is available by contacting the Texas Access and Visitation Hotline. The statewide toll-free number, (866) 292-4636, is answered in English and Spanish, Monday – Friday from 1-7 p.m. The hotline has a corresponding website, www.txaccess.org, where parents can download sample materials and tools for assistance with child access issues. The OAG maintains an online directory of programs and service providers across Texas designed to facilitate shared parenting after separation or divorce. You can search the online directory by zip code, county, or service provided. In the rare case where custody and/or visitation are contested, you may choose to hire a private attorney or represent yourself. If you cannot afford a lawyer, you may be eligible for federally-funded legal assistance. Look in the phonebook under "Legal Aid" or "Legal Services." Sometimes the court will appoint a lawyer for the child. Also, many law schools operate legal clinics at which law students assist people under the supervision of a law professor or other lawyer. Contact the law school nearest you for more information. Some communities have additional resources for parents to resolve custody and visitation conflicts. Check your local listings for dispute resolution providers, such as mediators or co-parenting facilitators, or check with your county to see if there is a County Domestic Relations Office that provides these services. Is a noncustodial parent entitled to visit the child if he or she is not paying child support? Child support and visitation rights are separate issues. The court determines both and will usually order the noncustodial parent to pay child support and the custodial parent to make the child available for visits. The custodial parent has a duty to obey the court order for visitation, even if the noncustodial parent cannot or will not pay child support. The court can enforce its orders against either parent. Mistaken Paternity What if a man believes he is not the father of a child for whom a court has previously ordered him to pay child support? The 82nd Texas Legislature amended the Texas Family Code to allow courts to terminate the parent-child relationship and the duty to pay child support in circumstances of mistaken paternity. Men who meet the requirements of the law may seek court-ordered genetic testing. If testing excludes a man as the child’s biological father, the court may terminate the parent-child relationship and the duty to pay future child support. The man is still responsible for arrears that accrued up to the termination date, as well as for interest that accrues after the termination date. [TFC § 161.005 (c)- (o)]How does a legal father who questions his paternity end the duty to pay child support? Texas law requires the man who is alleging mistaken paternity to file a petition to terminate the parent-child relationship. The petition must be filed in accordance with TFC § 161.005 (c). The court must hold a pretrial hearing to determine if the man, known as the petitioner, meets the legal requirements for the case to proceed. If he does, the court will order the petitioner and the child to submit to genetic testing. If genetic testing results exclude the petitioner as the child’s biological father, the court shall render an order terminating the parent-child relationship. What are the timeframes for filing a petition to terminate parental rights based on a belief of mistaken paternity? Before Sept. 1, 2012, a petition may be filed regardless of when the man learned that he is not the child’s genetic father. Effective Sept. 1, 2012, a petition must be filed no later than the first anniversary of the date on which the man becomes aware that he is not the child’s father. What if a man knew at the time that paternity was established (by signing an Acknowledgment of Paternity or through a court order) that he was not the child’s biological father? Texas law requires that a man state the facts in his petition that show he believed he was the child's genetic father at the time the acknowledgment was signed or the court order was rendered. At the pretrial hearing, the judge will consider the man's information and any evidence from an opposing party in deciding if the case should proceed. What is the role of the OAG in helping a legal father who questions his paternity to end his child support obligation? The Office of the Attorney General does not represent any of the parties in the case and cannot give legal advice. A man who questions his paternity may decide to contact an attorney for advice on how to proceed. If a man who has an OAG child support case decides to petition the court to terminate the parent-child relationship, the OAG must be given notice of the petition after it is filed with the court. The law does not allow the OAG to file the petition on the man’s behalf. Once a court terminates the parent-child relationship, when will the man’s duty to pay child support end? Termination of the man’s parental rights ends the obligation to pay future support, as of the date the order is rendered. The order does not eliminate any child support obligations before that date or any interest that has accrued. The man is still responsible for arrears that accrued up to the termination date, as well as for interest that accrues after the termination date. Can a man have contact with the child after his parental rights are terminated? If the man, prior to an order terminating his parental rights, requests continued access or possession of the child, the court may order periods of possession or access to the child only if denying continued possession and access would significantly impair the child’s physical health or emotional well-being. Private Child Support Collection Agencies Can any other agency handle child support enforcement cases? In Texas, county-operated domestic relations or child support offices, private attorneys, and private collection agencies also provide some child support enforcement services. Private agencies charge for their services. Parents who use the services of a private child support collection agency should fully understand any contract they sign. Can a private child support collection agency process my case faster? The majority of the Child Support Division’s incoming cases do not have established paternity or child support orders. These cases take longer to process than cases with established paternity and child support orders. Private child support collection agencies and county domestic relations offices generally handle only cases with established paternity and existing child support orders. The Office of the Attorney General is required to provide child support services to all families applying for services. Services musl also be provided to Temporary Assistance for Needy Families (TANF) and Medicaid families referred to the Child Support Division by the Texas Heath and Human Services Commission. Moreover, the Child Support Division provides a full range of child support services. The division’s caseload is very large — much larger than that of any private collection agency. Therefore, private agencies may be able to process some cases more quickly. This must be balanced against the cost of using a private agency. Community Services and Volunteer Program I have some extra time on my hands and would like to put that time to good use helping others. Does the Office of the Attorney General need volunteers? Absolutely. The Office of the Attorney General uses many volunteer workers. In fact, volunteers contribute a cost-equivalent value of more than $1 million each year. All Child Support Division offices and customer service centers across the state utilize volunteers for everything from preparing packets for court cases to filing and other clerical tasks. Students seeking internships to satisfy course require¬ments are also needed. To obtain information on how to volunteer or become an intern, contact the Community Services and Volunteer Program at (512) 460-6338 or visit the OAG website at www.texasattorneygeneral.gov. Child Support Fees Who will be charged a fee? Custodial parents who receive full-service monitoring and enforcement services and have never been on Temporary Assistance for Needy Families will pay a $25 service fee for each year that they receive at least $500 in child support collections. The fee will be deducted from the child support payment. The custodial parent will pay a $3 monthly fee in cases that receive registry-only payment processing and record keeping services through the federally mandated State Disbursement Unit (SDU) for each month in which a child support payment of more than $3 is received. The fee will be deducted from the child support payment. A case will not accrue both an annual service fee and a monthly SDU fee simultaneously. When will the fees take effect? The $3 monthly SDU fee will take effect Sept. 1, 2011. The $25 annual service fee will take effect Oct. 1, 2011. Why are parents being charged a fee? Federal law requires all states to impose a $25 annual service fee on cases that involve custodial parents who have never received Temporary Assistance for Needy Families. The fee is imposed for each year that a parent receives at least $500 in child support. Until Sept. 30, 2011, the State of Texas paid the fee for parents. More than $25 million has been paid to the federal government to cover the annual fees. Due to the state budget deficit, the Legislature has authorized the Office of the Attorney General to collect the fee from custodial parents. In addition, the Legislature has authorized a $3 monthly SDU fee to offset costs to taxpayers to operate the child support disbursement unit. Since payments on full-service child support cases are processed through the SDU, will parents be required to pay both the $25 annual service fee and the $3 monthly SDU fee? No. The $25 annual service fee is for parents who have full-service child support cases with the Office of the Attorney General. The $3 monthly SDU fee is for parents who receive registry-only payment processing and record keeping services through the federally mandated State Disbursement Unit (SDU). If a parent has more than one case, and one is full-service and one is registry-only, the parent will be charged the applicable fee for each case. Will any of the proposed fees affect the amount a noncustodial parent pays each month? The $25 annual service fee will not increase the amount of a noncustodial parent’s obligation. The total amount that the noncustodial parent pays will continue to be reflected on the Consolidated Pay Record. It is possible that judges may order a noncustodial parent to pay the $3 SDU fee in addition to the monthly support payment. Applicable fees will be deducted from the child support payment before it is sent to the custodial parent. Will the OAG continue to provide some services free-of-charge? Yes. Many services are provided at no cost. For example, paternity testing, referring a noncustodial parent for IRS intercept and going to court to establish paternity and child support orders are provided at no cost to the customer. Enforcement actions are always free for the custodial parent. There continues to be no charge for locate only services. Also, although state law allows the Office of the Attorney General to require an application fee for child support services, there is no charge to open a case. Many states require parents to pay a fee to open a child support case. What happens when a full-service case is closed? If child support payments continue to be paid through the State Disbursement Unit, the case will then be subject to the $3 monthly SDU fee. What are the benefits of switching from a registry-only case to a full-service case? A full-service case provides many benefits, such as establishment of paternity and child support orders, enforcement and modification of child support orders, interception of IRS and unemployment payments, automatic income withholding and passport denial. Full-service cases require a $25 fee in each year that the custodial parent receives at least $500 in child support collections. Since all payments go through the SDU, payment processing time is the same for both types of cases. Can the fees be lowered? The $25 annual fee on full-service cases and the $3 monthly SDU fee are set by statute and may only be changed by the Legislature. Will collection of the fee delay disbursement of the child support payment? No. Collection of the fee will have no effect on the processing time of your payment. How will a custodial parent know if a fee was withheld from a child support payment? Beginning Sept. 1, 2011, in registry-only cases the custodial parent’s first payment of the month that exceeds $3 will be reduced by that amount to cover the SDU fee. Beginning Oct. 1, 2011, custodial parents with full-service child support cases may check the OAG’s Child Support Interactive Voice Response (IVR) line (800) 252-8014 or Child Support Interactive (CSI) on the child support section of the OAG website www.texasattorneygeneral.gov to see if the $25 annual service fee was withheld from a payment. Do employers have to do anything about these fees? No. The fees retained do not affect the amount of the child support withheld by an employer. Employers submit the withheld payment as usual and the OAG retains any applicable fees from the submitted payment. Denial of Motor Vehicle Registration Renewals Can a parent’s vehicle registration be denied for nonpayment of child support? As provided by state statute, the Texas Department of Motor Vehicles (Tx DMV) can send a denial of motor vehicle registration renewal for parents who have gone at least six months without making a child support payment. The law applies to Office of the Attorney General (OAG) child support cases. The denial of motor vehicle registration renewal expands existing law that allows the OAG to deny renewal of Texas licenses, registrations and permits held by delinquent obligors. The goal is to obtain compliance with court orders and get lawfully obligated money to children. [TFC § 232.002]How does the process work?1. The OAG’s Child Support Division electronically matches a file of parents who have not made a child support payment in at least 180 days with the Texas Department of Insurance (TDI) database to obtain the delinquent parents’ vehicle identification numbers (VINs). 2. After obtaining the VINs, the OAG verifies a parent’s delinquency, within TXCSES, for a second time and forwards the information to the Tx DMV to deny the parent’s motor vehicle registration renewal. 3. The Tx DMV alerts parents to the denial by sending motor vehicle registration renewal notices that document the child support delinquency. Parents also receive a letter from the OAG that states the Tx DMV will not process their vehicle registration until they contact the OAG to arrange a payment plan and make a satisfactory payment toward the plan. How do delinquent parents learn that their motor vehicle registration will not be renewed? The renewal notices parents receive from the Tx DMV reference the child support delinquency. Parents receive renewal notices 45-60 days prior to the expiration date. In addition, parents will receive a letter from the OAG’s Child Support Division 90 days prior to the expiration of their motor vehicle registrations with information regarding the steps they can take to have the hold released on their motor vehicle registration renewal. Both notices have specific instructions regarding resolving the denial. Some parents may attempt to renew their registration without contacting the OAG to make payment arrangements to resolve the delinquency. In those instances, tax assessors will provide parents with outreach material from the OAG that explain what they should do to resolve the payment issue. What must happen before the Tx DMV will release the hold on a parent’s motor vehicle registration renewal? Delinquent parents must contact the OAG to make payment arrangements. The OAG sends daily electronic updates to the Tx DMV. As further confirmation that the hold was released, parents receive a letter from the OAG acknowledging that the issue has been satisfactorily resolved. How long will it take from the time a parent makes a satisfactory payment toward the delinquency for Tx DMV to update its records? The OAG will send a daily file to Tx DMV to release any holds where payment arrangements have been satisfied. Tx DMV will update its system the night the file is received. Do parents need to pay off everything they owe? It is not required that a parent pay off the total amount of child support owed in order for the motor vehicle registration renewal hold to be released. However, a payment arrangement must be made and fulfilled in order for the hold to be removed. Who do parents contact in order to resolve the issue concerning their denial of motor vehicle registration renewals? The OAG has a dedicated phone line for all denial of motor vehicle registration renewal issues. Parents can call (866) 646-5611 to make payment arrangements. When is the process scheduled to start? The process will begin September 2016 for motor vehicle registration renewals due in December 2016. Does the process apply to the registration of newly purchased vehicles? No. The process only applies to the renewal of motor vehicle registrations. The process does not apply to noncustodial parents who purchase new or used vehicles. If a parent has multiple vehicles, will all of the vehicle renewals be effected by this process? Yes, the parent will receive a letter from the OAG’s Child Support Division 90 days prior to the expiration of each specific motor vehicle registration renewal. Does the process apply to the registration of jointly owned vehicles? No, a motor vehicle registration renewal will not be denied for someone that jointly owns a vehicle with someone that the process applies to.  Texas Increases Maximum Child Support Allowed Texas Increases Maximum Child Support Allowed August 13, 2013 By Rita Fuerst Adams, National Executive Director, National Parents Organization Recently, the Texas legislature amended the Texas Family Code section 154.215 to increase the monthly “cap” on net income used to calculate child support. This change means that, after September 1, 2013, more net resources will be applied to calculate child support, which can increase the monthly amount paid or received. Texas calculates child support by using an obligor’s “net resources.” This number is found by taking a parent’s gross income and deducting for federal taxes, social security, Medicare, health insurance costs for the child (ren), union dues, and state income tax, if applicable. A percentage is then applied to the net resources. Texas uses the following percentages to determine the obligor’s payments: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 Resources 6+ children: Not less than the amount for 5 children The formula also takes into consideration whether the parent is paying for children from other relationships, and other factors. Texas places a cap on the amount of net resources used to calculate child support. Currently, the cap is met when a parent’s net resources reach $7,500.00 per month. The legislative change going into effect on September 1, 2013, will raise this cap from $7,500 to $8,550 to adjust to inflation according to the Consumer Price Index. This change could greatly increase the amount of monthly child support for one child by over $200 per month, over $260 for two children, and over $315 for three children. The Texas Family Code states that grounds for a modification of child support exists when the new amount awarded would differ by 20% or $100 of the previous amount. Therefore, the new changes to the net resources cap described here has the potential to generate many new child support modification suits for parents who are paying or receiving “max” guideline child support. Interestingly, there does not appear to be any information on the change in the Office of the Attorney General’s website. Share this post  Making a Will in Texas Making a Will in Texas How to make a will in Texas, and what can happen if you don't. What can I do with a Texas will? Related Products MOREEvery Californian's Guide to Estate Planning Make Your Own Living Trust The Executor's Guide Online Will FEATURED LISTINGS FROM NOLOFeatured Estate Planning Law Firms In Redmond, WA change location MDK Law4.7 /5.0425-372-7852 contact Kwan Law425-616-0270 contact Du Bois Cary Law Group PLLC4.4 /5.0206-508-0113 contact Brewe Layman, P. S. Attorneys at Law4.7 /5.0View Phone contact VIEW ALLRelated Ads A will, also called a " last will and testament ," can help you protect your family and your property. You can use a will to:leave your property to people or organizationsname a personal guardian to care for your minor childrenname a trusted person to manage property you leave to minor children, andname an executor, the person who makes sure that the terms of your will are carried out. What happens if I die with out a will? In Texas, if you die without a will, your property will be distributed according to state "intestacy" laws. Texas's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, and your spouse's relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property. Do I need a lawyer to make a will in Texas? No. You can make your own will in Texas, using Nolo's do-it-yourself will software or online will programs. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or if you want to disinherit your spouse, you should talk with an attorney. Nolo's will-making products tell you when it's wise to seek a lawyer's advice. What are the requirements for signing a will in Texas? To finalize your will in Texas:you must sign your will in front of two witnesses, andyour witnesses must sign your will. Do I need to have my will notarized? No, in Texas, you do not need to notarize your will to make it legal. However, Texas allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it. To make your will self-proving you and your witnesses will go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will. Should I use my will to name an executor? Yes. In Texas, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's will software and online will produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate.  How to Lower Child Support 1 Understand the purpose of child support. Child support is designed to allow a child to enjoy a standard of living that is approximate to what he or she would have enjoyed had the parents lived together. Child support may be ordered when the parents are separated, have never lived together, or are in divorce, dissolution of marriage, annulment, or in the midst of paternity and legal separation cases. [1] Typically, it is paid to the parent with whom the children spend the majority of their time. [2]Child support is not alimony. The purpose of alimony is to rehabilitate or support a former spouse. Though the other parent may financially benefit from child support payments, the purpose of the payments is to benefit the children who no longer live with you. Once set, child support payments can only be amended by court order.  Do I Still Have to Pay Child Support if I Sign Over my Paternity Rights? Do I Still Have to Pay Child Support if I Sign Over my Paternity Rights?by Michelle Dwyer; Updated September 26, 2017Giving up parental rights can be done through a voluntary surrender or an involuntary termination. Under a termination, you will have no right to visit the child, and another person could be free to adopt your child without your permission. With a surrender, you can ask the court to consider giving you some rights to visit the child. Since you will no longer be the child's legal father, you will no longer be responsible to pay child support. However, you cannot sign over your parental rights for the sole purpose of not having to pay child support. Voluntary Surrender Voluntary surrender might be appropriate in some circumstances. For example, your child might have a stepfather who has shown interest in adoption. If you feel this is best for your child, you can surrender your parental rights. If your child is in foster care and a family has expressed an interest in adoption, surrendering your rights could be a valid decision. You can also request that your surrender be conditional, meaning the court will let you surrender your rights but grant you visitation. No matter your circumstances, the judge will rule in the best interest of the child. Warnings According to the Law Office of Cordell and Cordell, P. C., a court order that surrenders your parental rights is a final judgment and cannot be modified. Think carefully before taking this step. Involuntary Termination An involuntary termination occurs when a court forces you to give up your parental rights and you disagree with the court. This can occur if a court deems you an unfit parent. You can be subject to involuntary termination if: You abandoned the child. You neglected the child. You abused the child. To prove abandonment, the opposing party will likely need to provide witnesses and written documentation to show that you no longer participate in the child's life. For abuse and neglect cases, a social services agency is usually involved and can provide evidence of abuse. Each state has its own laws for removing children. In Minnesota, for example, you can lose your children if you fail to pay court-ordered child support for a specific period or fail to follow the steps the court demands for you to get your children back from foster care. When a court terminates your parental rights, you will lose the children you have now and you stand to lose any future children. A court could say that if you're unfit to raise one child, you're unfit to raise any children. A social service organization could ask the court to permanently remove a child from your custody at birth. Warnings According to the Self-Help Law Center, surrendering or terminating custody is a "complicated area of law." The site suggests you contact an attorney in matters of surrender or termination. Child Support Arrears If you owe back child support, you are said to be in arrears. Even if a court grants your request to surrender your parental rights, you will still responsible for any back child support, or arrears, that accrued before the surrender. State laws can vary, but this law may apply even if you didn't know you had a child until the child was older. For example, you might suddenly discover you have a 16-year-old son. Your son's mother sues you for back child support. Depending on your state -- Texas for example -- you might have to pay back at least four years' worth of support, even if you can prove you didn't know you had a child. If your son's mother can prove you knew for a certain number of years that you had a child, a court can order back child support for all those years. This obligation doesn't go away simply by surrendering your rights. Tips The Administration for Children and Families provides resources to learn about child support enforcement and laws. Since laws can vary by state, click on the office locator on the ACF website to get child support information for your state. References Self-Help Law Center: Reasons to End Parental Rights New York City Partners For Families: Surrender of Parental Rights Minnesota Legal Aid: Termination of Parental Rights (TPR)About the Author Michelle Dwyer is a U. S. Army veteran writing fiction and nonfiction since 2003. She specializes in business, careers, leadership, military affairs and organizational change and behavior. Dwyer received an MBA from Tarleton State University/Texas A&M Central Texas and an MFA in creative writing from National University in La Jolla, Calif. Cite this Article Choose Citation Style MLAAPAChicago (B)Dwyer, Michelle. "Do I Still Have to Pay Child Support if I Sign Over my Paternity Rights?" Bizfluent, https://bizfluent.com/info-7825625-do-sign-over-paternity-rights.html. 26 September 2017. Dwyer, Michelle. (2017, September 26). Do I Still Have to Pay Child Support if I Sign Over my Paternity Rights? Bizfluent. Retrieved from https://bizfluent.com/info-7825625-do-sign-over-paternity-rights.html Dwyer, Michelle. "Do I Still Have to Pay Child Support if I Sign Over my Paternity Rights?" last modified September 26, 2017. https://bizfluent.com/info-7825625-do-sign-over-paternity-rights.html Copy Citation Note: Depending on which text editor you're pasting into, you might have to add the italics to the site name.  Penalty for Non-Payment of Child Support in Texas Divorce doesn't end a parent's responsibility to support his children financially, so when a court orders child support, Texas and the federal government require you pay it through income withholding. This obligates your employer to deduct your support from each of your paychecks and send it to the state. Texas then disburses the payments to your children's custodial parent. Child Support Guidelines Texas' child support guidelines are relatively simple and clear-cut compared to some other states. Unless your child is disabled, support is typically payable until he turns 18 or graduates from high school, whichever occurs later. These events emancipate your child, although emancipation can occur sooner if he marries or establishes his financial independence in some other way. Texas uses the percentage of income model for calculating child support, so your payment is a percentage of your pay, minus allowable deductions, based on the number of children who need your support. For example, if you earn $6,000 a month or less and have two children, you must pay 25 percent of your net income after deductions as child support. The percentage goes down a bit if you're also supporting children from another relationship. Divorce is never easy, but we can help. Learn More State Services All child support orders, including divorce decrees that order child support, are registered with Texas' Office of the Attorney General. The OAG oversees income withholding orders for current support and can initiate enforcement measures to collect past-due support. A custodial parent who wants the OAG to take enforcement action must apply to the state for these services, unless she's receiving financial assistance from the state, such as TANF or Medicaid. If so, the OAG enforces these support orders automatically. Financial Penalties The OAG has many methods at its disposal to collect past due child support when an income withholding order for current support isn't enforceable, such as when a non-custodial parent is self-employed or unemployed. The office will first try to get the money by seizing the non-custodial parent's liquid or cash resources, such as bank accounts. Federal law allows the state to intercept tax refunds. The OAG can ask the court for a judgment against you for what you owe and can use the judgment to place a lien against your real or personal property. If you begin working at a job where income withholding is possible, the OAG can initiate an income withholding order for both current and past due support, or arrears. Arrears are payable at the rate of 20 percent more than your regular child support payment, or a percentage that will pay off your arrears within two years, whichever amount is less. Other Measures If you don't have bank accounts, own property, receive a tax refund, or have any other resources that Texas can pursue for the support you owe, the state will take other steps to encourage you to pay your arrears. The OAG may take these methods in addition to other collection efforts. The OAG can ask the court to hold you in contempt if you willfully refuse to pay or attempt to avoid paying, even though you have the resources. This can result in jail time. The OAG can also suspend your driver's license, recreational licenses or even a professional license, such as to practice medicine or law. It can place a hold on your passport or block issuance of one so you can't travel out of the country. Statute of Limitations Child support arrears don't go away in Texas unless and until you pay them. There is no statute of limitations for the state to try to collect from you. Even if all your children emancipate and you no longer owe current support, you'll still owe the arrears and you'll still be subject to enforcement measures. Divorce is never easy, but we can help. Learn More Back Child Support Laws and the Kentucky Statute of Limitations References Related articles Can Child Support Be Deducted From Two Jobs? Parents have a legal obligation to provide financial support for their children, even when the parents divorce. Your divorce decree likely contains an order directing the non-custodial parent to pay a certain amount each month in child support, usually deducted from that individual's paycheck. In some cases, child support payments may be deducted from two jobs. Child Support Rules in Texas Texas courts calculate the amount of child support you owe by adding your annual income from all sources, subtracting certain amounts from that total and then applying percentages to your monthly net resources up to $8,550. The percentages vary depending on how many children there are of this marriage and how many other children you are court-ordered to support. A court can also award additional child support based on earnings over the cap of $8,550 depending on the needs of the child. How to Not Claim Child Support in Texas Although a parent may have very compelling reasons for not wanting to accept child support from her ex, Texas will not usually allow her to waive it. The state’s reasoning is that it’s not her money to decline. It belongs to her child. The state of Texas is aggressive when it comes to collecting child support. However, each case still comes down to the opinion of a single judge on a case-by-case basis. If a parent's child support case is assigned to a judge who is willing to work with her, she may have some options.  Child support in the United States From Wikipedia, the free encyclopedianavigation search In the United States, child support is the ongoing obligation for a periodic payment made directly or indirectly by an "obligor" (or paying parent or payer) to an "obligee" (or receiving party or recipient) for the financial care and support of children of a relationship or a (possibly terminated) marriage. The laws governing this kind of obligation vary dramatically state -by-state and tribe-by-tribe among Native Americans. Each individual state and federally recognized tribe is responsible for developing its own guidelines for determining child support. Typically the obligor is a non-custodial parent. Typically the obligee is a custodial parent, caregiver or guardian, or a government agency, and does not have to spend the money on the child. In the U. S., there is no gender requirement for child support; for example, a father may pay a mother or a mother may pay a father. In addition, where there is joint custody, in which the child has two custodial parents and no non-custodial parents, a custodial parent may be required to pay the other custodial parent. Historically, the right of a child to the support of his or her parents was regulated solely by the separate states, territories, and Indian tribes. The federal government of the United States became involved in providing welfare assistance to impoverished children in 1935 through the Aid to Families with Dependent Children program. In turn, the federal government realized that many children were entering that program because noncustodial parents were often avoiding their fair share of the costs of raising their children, and began to develop the foundation of today's overarching federal framework for child support enforcement. Today, the federal child support enforcement program is the responsibility of the Office of Child Support Enforcement, an office of Administration for Children and Families in the Department of Health and Human Services. Federal regulations promulgated pursuant to Title IV-D of the Social Security Act require uniform application of child support guidelines throughout a state, but each state can determine its own method of calculating support. At a minimum, 45 C. F. R. 302.56 requires each state to establish and publish a Guideline that is presumptively (but rebuttably) correct, and review the guideline, at a minimum, every four years. [1] Most states have therefore adopted their own "Child Support Guidelines Worksheet" which local courts and state Child Support Enforcement Offices use for determining the "standard calculation" of child support in that state. Courts may choose to deviate from this standard calculation in any particular case. The US has reciprocal agreements with a number of countries regarding recovery of child support and is a party to the Hague Maintenance Convention 2007. Contents [ hide ]1 Support models2 Executive branch concerns3 State by state provisions4 Penalties5 Interstate enforcement5.1 Final judgment5.2 Uniform Desertion and Non-Support Act5.3 Uniform Reciprocal Enforcement of Support Act (URESA)5.4 Revised Uniform Reciprocal Enforcement of Support Act (RURESA)5.5 Uniform Interstate Family Support Act (UIFSA)6 Statutory conflicts6.1 Connecticut's anomaly6.1.1 Connecticut’s UIFSA6.1.2 Connecticut’s RURESA6.2 District of Columbia7 Deadbeat parents8 Child support and welfare9 Housing and common wages10 Audits11 Imprisonment12 Paternity fraud, not-adopted, non-biological children13 Criticism14 See also15 References16 External links Support models [ edit]States follow one of three basic models, or formulas, for calculating a child support obligation: (1) the Incomes Shares model, (2) the Percentage of Income model, or (3) the Melson Formula model. [2]The Income Shares Model asserts that minor offspring should receive the same amount of parental support as if the parents lived together. This model calculates support as the approximate share of each parent's income that would have been devoted to the child in a shared household. Calculations vary by state but essentially add both parents' income. The amount needed to support each child is then determined using basic parameters and then adjusted according to the specific case and varies by state. Finally, the support obligation is pro-rated between the parents depending on their share of the total income. In other words, if a child’s custodial parent makes $2,000 a month and the noncustodial parent brings in $3,000, the noncustodial parent assumes 60% of the support obligation. The Percentage of Income model calculates support as a percentage of the noncustodial parent's income. This model assumes that the custodial parent’s support is spent entirely on the child. The support amount is adjusted as in the prior model. (Note: The District of Columbia and Massachusetts apply a formula that is a hybrid, of the Income Shares and the Percentage of Income models. )The Melson Formula is a more complex version of the Income Shares model. One of its special features is a Standard of Living Adjustment (SOLA), which automatically enables the child to share in a parent or parents’ increased income. This is a six-step process which considers the children’s primary support needs, child care and extraordinary medical expenses, and the SOLA. These amounts are added together, and then the courts look at each parent’s minimal self-support needs and percentage of total net income to determine the support obligation. The formula is named for Judge Elwood F. Melson, Jr. of the Delaware Family Court, who developed the formula in the 1970s and 1980s. [3]Executive branch concerns [ edit]President Gerald R. Ford issued a Signing Statement on signing the Social Services Amendments of 1974 on January 4, 1975. Although generally favorable, Ford expressed concern about what he saw as excessively "injecting the Federal Government into domestic relations". [4]State by state provisions [ edit]State Guidelines Enforcement Alabama Child Support Guidelines [5] Division of Child Support Enforcement [6]Alaska Civil Rule 90.3 [7] Division of Child Support Enforcement [8]Arizona Child Support Guidelines [9] is based on the Income Shares model. [10]Division of Child Support Enforcement [11]Arkansas Administrative Order of the Supreme Court No. 10 [12] Division of Child Support Enforcement [13]California Family Code §§ 4050-4076 [14] is based on the Income Shares model [10]The Judicial Council of California is required to conduct the California Child Support Guideline Review at least every four years. Department of Child Support Services (DCSS) provides public child support enforcement [15]Colorado Rev. Stat. §§ 14-10-115 et seq., [16] based on the Income Shares model [10]Division of Child Support Enforcement [17]Connecticut Child Support Guidelines Booklet [18] Bureau of Child Support Enforcement [19]Delaware Child Support Guidelines [20] Division of Child Support Enforcement [21]District of Columbia Code Ann. § 16-916.1, [22] based on the Income Shares model [10]Child Support Enforcement Division [23]Florida Child Support Guidelines, [24] based on the Income Shares model [10]Child Support Enforcement Program [25]Georgia Child Support Guidelines [26] Office of Child Support Services [27]Hawaii Child Support Guidelines [28] Child Support Enforcement Agency [29]Idaho R. Civ. Pro. 6 (c) (6) [30] Child Support Services [31]Illinois Child Support Guidelines [32] Child Support Enforcement [33]Indiana Child Support Guidelines, [34] based on the Income Shares model [10]Child Support Enforcement Iowa Child Support Guidelines, [35] based on the Income Shares model [10]Department of Human Services [36]Kansas Child Support Guidelines [37] Child Support Enforcement [38]Kentucky Rev. Stat. §§ 403-210 to -213, [39] based on the Income Shares model [10]Division of Child Support Enforcement [40]Louisiana Rev. Stat. 9:315.1 et seq., [41] based on the Income Shares model [10]Support Enforcement Services, Office of Family Support [42] [43]Maine Revised Statute Ann. tit. 19-A, §§ 2001-2010, [44] based on the Income Shares model [10]Division of Support Enforcement & Recovery [45]Maryland Family Law Code Ann. §§ 12-201 et seq., [46] based on the Income Shares model [10]Child Support Enforcement Administration [47]Massachusetts Child Support Guidelines, [48] based on the Income Shares model [10]Dep't of Revenue, Child Support Enforcement Division [49]Michigan child Support Formula, [50] based on the Income Shares model [10]Family Independence Agency [51]Minnesota Stat. Ann. §§ 518.551 et seq. [52]Child Support Enforcement Division Minnesota Worksheets Mississippi Code §§ 43-19-101 et seq. [53] Division of Child Support Enforcement [54]Missouri Child Support Guidelines, [55] based on the Income Shares model [10]Child Support Enforcement [56]Montana Child Support Guidelines [57] Division of Child Support Enforcement [58]Nebraska Child Support Guidelines, [59] based on the Income Shares model [10]Child Support Enforcement Office [60]Nevada Revised Statute §§ 125B.070 to -.080 [61] Office of Child Support Enforcement [62]New Hampshire Revised Statute §§ 458-C:1 to -:7, [63] based on the Income Shares model [10]Division of Child Support Services [64]New Jersey Rules of Court Appendix IX, [65] based on the Income Shares model [10]Office of Child Support Enforcement [66]New Mexico Statute §§ 40-4-11.1 to -11.6, [67] based on the Income Shares model [10]Child Support Enforcement Division [68]New York Domestic Relations Law. § 240 (1-b), [69] and articles 4, 5, 5A, and 5B of the Family Court Act, based on the Income Shares model [10]Division of Child Support Enforcement [70]North Carolina Child Support Guidelines, [71] based on the Income Shares model [10]Child Support Enforcement [72]North Dakota Child Support Guidelines [73] Child Support Enforcement Agency [74]Ohio Rev. Code §§ 3119.01 et seq., [75] based on the Income Shares model [10]Office of Child Support [76]Oklahoma State title 43, §§ 118 to 120 [77] Department of Human Services [78]Oregon Child Support Guidelines, [79] based on the Income Shares model [10]Division of Child Support [80]Pennsylvania Revisede Civil Procedures 1910.16-1 to -5 [81] Child Support Program [82]Rhode Island Child Services Guidelines Administrative Order [83] Dep't of Human Services [84]South Carolina Social Services Regulation 114-4710 to -4750 [85] Child Support Enforcement Division [86]South Dakota Code Laws §§ 25-7-6.1 et seq. [87] Office of Child Support Enforcement [88]Tennessee Child Support Guidelines [89] Child Support Services [90]Texas Family Code §§ 154.001 et seq. [91]Attorney General Child Support Services [92]Utah Code §§ 78B-12-202 et seq., [93] based on the Income Shares model [10]Office of Recovery Services [94]Vermont Stat. title 15, §§ 653-657 [95] Office of Child Support [96]Virginia Code §§ 20-108.1, 20-108.2 Department of Social Services, Division of Child Support [97]Washington Revised Code of Washington §§ 26.19.001 et seq. [98] Division of Child Support [99]West Virginia Child Support Guidelines, [100] based on the Income Shares model [10]Bureau for Child Support Enforcement [101]Wisconsin Child Support Guidelines [102] Bureau of Child Support [103]Wyoming Child Support Guidelines [104] Child Support Enforcement [105]Penalties [ edit]In 2000, the state of Tennessee revoked the driver’s licenses of 1,372 people who collectively owed more than $13 million in child support. [106] In Texas non-custodial parents behind more than three months in child-support payments can have court-ordered payments deducted from their wages, can have federal income tax refund checks, lottery winnings, or other money that may be due from state or federal sources intercepted by child support enforcement agencies, can have licenses (including hunting and fishing licenses) suspended, and a judge may sentence a nonpaying parent to jail and enter a judgment for past due child support. [107] Some have taken the view that such penalties are unconstitutional. On September 4, 1998, the Supreme Court of Alaska [108] upheld a law allowing state agencies to revoke driver's licenses of parents seriously delinquent in child support obligations. And in the case of United States of America v. Sage, U. S. Court of Appeals (2nd Cir., 1996), the court upheld the constitutionality of a law allowing federal fines and up to two years imprisonment for a person willfully failing to pay more than $5,000 in child support over a year or more when said child resides in a different state from that of the non-custodial parent. [109]The U. S. law commonly known as the Bradley Amendment was passed in 1986 to automatically trigger a non expiring lien whenever child support becomes past-due. The law overrides any state's statute of limitations; disallows any judicial discretion, even from bankruptcy judges; and requires that the payment amounts be maintained without regard for the physical capability of the person owing child support (the obligor) to make the notification or regard for their awareness of the need to make the notification. The obligee may forgive such debts. When past-due child support is owed to a state as a result of welfare paid out, the state is free to forgive some or all of it under what's known as an offer in compromise. Interstate enforcement [ edit]Final judgment [ edit]Under the United States Constitution Article Four, full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state. Courts have used this article to enforce final judgments that have been registered within a state. Normally a judgment must be final before it can be registered. The ""Restatement of Conflict (Second), under the topic of Defenses to Recognition and Enforcement, states that a judgment rendered in one state need not be recognized or enforced in a sister state insofar as the judgment remains subject to modification. A local court is free to recognize or enforce a judgment that remains subject to modification under the local law. Child support orders are considered judgments of this sort. To satisfy full faith and credit, the local law of the state of rendition will be applied to determine whether a judgment is modifiable -- particularly in respect to past and future financial obligations. Uniform Desertion and Non-Support Act [ edit]In 1910, the National Conference of Commissioners on Uniform State Laws approved the Uniform Desertion and Non-Support Act. The act made it a punishable offense for a husband to desert, willfully neglect or refuse to provide for the support and maintenance of his wife in destitute or necessitous circumstances, or for a parent to fail in the same duty to his child less than 16 years of age. The 1910 act sought to improve the enforcement of the duties of support, but it did not take into account payers who fled the jurisdiction. With the increasing mobility of the population, welfare departments had to support the destitute families because the extradition process was inefficient and often unsuccessful. Uniform Reciprocal Enforcement of Support Act (URESA) [ edit]In 1950, The National Conference of Commissions on Uniform State Laws published the Uniform Reciprocal Enforcement of Support Act (URESA). The Commission stated that, “The purposes of this act are to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto.” URESA sought to enforce the provisions in two ways: criminal enforcement and civil enforcement. Criminal enforcement relied upon the obligee state demanding the extradition of the obligor, or for the obligor to surrender. Civil enforcement relied upon the obligee to initiate proceedings in his/her state. The initiating state would determine if the obligor had a duty of support. If the initiating court upheld the claim, the initiating court would forward the case to the obligor’s state. The responding state, having personal jurisdiction over the obligor, would provide notice and a hearing for obligor. After this hearing, the responding court would enforce the support order. Revised Uniform Reciprocal Enforcement of Support Act (RURESA) [ edit]In 1958, the Uniform Laws Commission again amended URESA, which later became known as the Revised Uniform Reciprocal Enforcement of Support Act (RURESA). The amendments involved two important changes to URESA. The amendments sought to correct a problem created by URESA. In some cases, the responding court only had evidence from the obligor and not have any evidence from the initiating state or the obligee. The responding court, with only one side represented tended to benefit the obligor. The Commission’s solution was to amend URESA so the initiating state and the obligee would provide evidence to the responding court along with the original case file, so the responding court would have positions from both parties. The Commission also provided a second method to obtain redress via civil enforcement. The new method permitted the obligee to register the foreign support order in a court of the obligor’s state, and present that case directly to the foreign court. RURESA provided new protection for mothers against noncompliant fathers; however, RURESA created a new problem—multiple support orders. Since every state could both enforce and modify a support order, a new support order could be entered in each state. Thus, if the father moved from State A to State B to State C to State D, and if the mother continually registered and had the order modified, then there would be four separate and independent support orders. RURESA allowed state courts to modify the original order so long as the court applied its own procedural law and the law of the original state, unless that contravened its own public policy. The Commission intended to correct the problem of inconsistent multiple orders by only allowing the support orders to be modified based upon a single state’s law. In theory, states A, B and C could only modify a support order based upon the original state’s substantive law; thus, all the support orders should be identical. In practice, however, this rule created ambiguities concerning whether child support guidelines are procedural or substantive, and if substantive, whether application of that substantive law contravened some public policy. The multiple order issue remained a problem. Uniform Interstate Family Support Act (UIFSA) [ edit]In 1992, NCCUSL completely revised and replaced URESA and RURESA with the Uniform Interstate Family Support Act (UIFSA) to correct the problem of multiple orders. UIFSA corrected this problem by providing that only one state would possess the power to make or modify child support at any one time ("continuing exclusive jurisdiction"). The state with continuous exclusive jurisdiction would use its own child support guidelines. Thus, if the child or either one of the parents remained in the original state, then that state retained jurisdiction and only that state could modify the support order. Only if both parents and the child left the state could another state assume child support jurisdiction (although any state could enforce the original state's order, regardless of residence of parent or child). In 1996, NCCUSL revised UIFSA and the United States Congress passed the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), which required that all states adopt the 1996 version of UIFSA. In 2001, NCCUSL adopted additional amendments to UIFSA. As of 2011, only a few states had adopted the 2001 amendments. In 2008 UIFSA was revised to allow implementation of the Hague Maintenance Convention which ensures a uniform policy amongst countries and a way to organize child support issues globally. Critically, orders are recognized and enforced between parties to the convention. [110] After the federal government made implementation of the 2008 version a requirement for federal child support system funding, it was adopted in all states. It entered into force on 1 January 2017. [111] The Convention entered into force in the United States on 1 January 2017. [111]UIFSA consists of five main parts: General Provisions, Establishing a Support Order, Enforcing a Support Order, Modifying a Support Order, and Parentage. Statutory conflicts [ edit]Every state’s guidelines are unique, so every state awards different monetary amounts. Between two states, the difference in award’s amounts may be nominal when taken on a weekly basis. Over long periods, however, these weekly differences accumulate to material sums. A conflict of laws issue can confront courts. For simplicity, this article uses the model where the mother becomes the parent with custody of the children and the father makes child support payments, with the understanding that this model has become less typical. For example, a man and a woman marry in West Virginia. During the marriage, the husband and the wife have children. In West Virginia, the husband and the wife divorce. West Virginia issues a divorce decree that gives the wife custody of the children and orders the husband to pay child support. Subsequently, the wife moves to Connecticut with the children. Due to a change in circumstances, the husband, who may or may not still reside in West Virginia, seeks a modification of West Virginia’s divorce decree. The conflict was over which state's guidelines are to apply. The Commission, which Congress created in 1988 to recommend `how to improve the interstate establishment and enforcement of child support awards,' favored a system under which the modifying jurisdiction's law would apply. Some witnesses testified that the law most advantageous to the child should govern, others testified that the law where the obligor resides should govern, and still others testified that the law where the child resides should govern. The Commission ultimately recommended `that the procedural and substantive law of the forum state should govern in establishment and modification proceedings,' citing the `ease and efficiency of application of local law by decision-makers' as an important consideration. The official UIFSA commentary [to UIFSA section 303] echoes this concern for efficiency. Connecticut's anomaly [ edit]The Connecticut Legislature anomalously created two registration methods. Connecticut adopted URESA and adopted the RURESA registration method. Subsequently, Connecticut adopted UIFSA and repealed URESA, but did not repeal the RURESA registration method. Both methods allow for a foreign order to be registered in Connecticut. The UIFSA registration method limits jurisdiction to only one state, while the RURESA registration does not. Connecticut’s UIFSA [ edit]The UIFSA registration method allows the following scenarios: (1) one party remains in the original state, and the other party moves to Connecticut or (2) the mother and father both leave the original state. If either the mother or father remain in the original state, the original state retains continuous exclusive jurisdiction. The second scenario is that the mother moves to Connecticut, and the father moves to a third state (state B), leaving neither party domiciled in the original state. If the order is registered in either Connecticut or in B and that state’s court issues a new order, then the original state loses jurisdiction. In the state where a new order is issued, Connecticut or state B would obtain the power to modify the order. This situation produces a race to the courthouse. The mother wants to register the order in the state with guidelines more favorable to her and the father seeks the opposite. Under UIFSA, whatever scenario is applied, the rule is clear. However, because Connecticut continues to have the RURESA registration method on the books, a party could register in Connecticut without invoking UIFSA, which creates the problems that UIFSA was meant to correct. Connecticut’s RURESA [ edit]Under RURESA Connecticut General Statute 46b-71 controls, providing the courts with a conflict of laws rule concerning the enforcement of a foreign matrimonial judgment within Connecticut. It states: Such foreign matrimonial judgment shall become a judgment of the court of this state where it is filed and shall be enforced and otherwise treated in the same manner as a judgment of a court in this state; provided such foreign matrimonial judgment does not contravene the public policy of the state of Connecticut. A foreign matrimonial judgment so filed shall have the same effect and may be enforced or satisfied in the same manner as any like judgment of a court of this state and is subject to the same procedures for modifying, altering, amending, vacating, setting aside, staying or suspending said judgment as a judgment of a court of this state; provided, in modifying, altering, amending, setting aside, vacating, staying or suspending any such foreign matrimonial judgment in this state the substantive law of the foreign jurisdiction shall be controlling. The statute allows courts to modify a foreign judgment using local procedures, applying the substantive law of the foreign jurisdiction, unless that application of the substantive law would contravene Connecticut public policy. In Burton v. Burton, the Connecticut Supreme Court recognized that 46b-71 governed. In addition, the Court held that the related laws were "substantive" so the foreign law would control. The Connecticut courts have not resolved whether the courts apply local or foreign child support guidelines under RURESA. 46b-71 and Burton frame the issue. If a Connecticut court characterizes the child support guidelines as procedural, then the court applies the local child support guidelines; if the courts characterize the child support guidelines as substantive, then the courts must apply the foreign state’s child support guidelines, with the usual caveat. The Connecticut Supreme Court addressed the issue of whether the trial court correctly applied the substantive law of the foreign jurisdiction but not whether the foreign state’s guidelines are "substantive". In Evans v. Evans, the Connecticut Appellant Court indirectly addressed the issues and held that it would not disturb an order of the trial court absent an abuse of discretion. The trial court held, among other factors, that it was not bound by the New York's guidelines, although it did consider them. The Appellant Court failed to state explicitly which guidelines the court should apply. The Connecticut Superior Courts differ as to when the courts must determine if that substantive law includes that state’s child support guidelines. In a recent Superior Court decision, Judge Munro stated that “ [t]he court will allow the parties to argue at the subsequent hearing on the merits whether, in applying Ohio substantive law, the court looks to the Connecticut Child Support Guidelines or the Ohio Child Support Guidelines, or some other criteria. ”In a footnote, Trial Referee Cutsumpas states that “ [t]he court is mindful that it would be more practical to have the child support issue determined in the State of Connecticut where the children and obligee mother reside rather than in the State of New York where only the obligor father resides… However, absent written consent of the parties, UIFSA dictates jurisdiction which in this case is the State of New York. ”District of Columbia [ edit]In 1993, the District of Columbia Court of Appeals held that the child's domicile governs which guidelines should apply. In this case the parents married in the District and family moved to Maryland. The divorced father returned to the District, and the mother and the children remained in Maryland. The court granted the father's request that Maryland's guidelines apply following precedent while stating that the" governmental interest analysis test" would lead to the same result. Deadbeat parents [ edit]Main article: Deadbeat parent Non-custodial parents who avoid their child support obligations are sometimes termed deadbeat parents. Parents who share an equal role in parenting are far more likely to comply, with child support compliance going up above 90% when the payer states she (or he) believes he has a relatively equal role in parenting. The US Department of Health and Human Services estimates that 68% of child support cases had arrears owed in 2003, a 15% increase from 53% in 1999. It is claimed that some of these arrearage cases are due to administrative practices such as imputing income to parents where it does not exist and issuing default orders of support. [ citation needed]According to one study [112] reasons given for non-payment of support were as follows: Reason Percentage Inability to pay 38%Protesting lack of visitation 23%Lack of accountability 14%Prefer to give up a child 13%Denied paternity 12%According to another study, 76% of the $14.4 billion in child support arrears in California was by parents who lacked the ability to pay. The "deadbeat" parents had a median annual income of $6,349, arrears of $9,447 and an ongoing support of $300 per month because 71% of the orders were set by default. [113]Child support and welfare [ edit]Since the 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), a major impetus to collection of child support is the Welfare law. A custodial parent receiving public assistance, e.g., via Temporary Assistance for Needy Families (TANF), [114] is required to assign child support to the Department of Welfare to receive assistance. The custodial parent must also pursue child support. Any payment is diverted to the welfare program as partial reimbursement. Typically the amount of child support equals or exceeds the assistance grant, allowing the family to leave the cash assistance program (potentially remaining eligible for food stamps, etc.) Other provisions of PRWORA require and assist the custodial parent to find employment (such as buying new work clothes). Child support enforcement programs in all 50 states are primarily federally funded. States whose enforcement is not in PRWORA compliance risk a 5% penalty. Despite concerns that this provision generates government revenue, HHS reported that in fiscal year 2003, 90% of child support collections went directly to families. [115] In 47 states the percent of payments going to families was 86% or more and in seven states exceeded 95%. Half of unpaid child support is owed to the government. Sherri Z. Heller, Ed. D, Commissioner of U. S. Office of Child Support Enforcement stated, "We need to be more aggressive about leveraging older debt owed to the government as an incentive to obtain more reliable payments of current support to families." Towards this end, the Social Security Administration provides up to $4.1 billion in financial incentives to states that create support and arrearage orders, and then collect. [116]Housing and common wages [ edit]Some states (such as California) automatically garnish up to 50% of pre-tax income to pay child support arrears. This can present a hardship in states whose cost of living is high. The Out of Reach report produced by the National Low Income Housing Coalition [117] sets 30% of household income as an affordable level for housing costs. After a loss of 50% of takehome income, the suggested expenditure on rent also decreases 50%. California’s Fair market rent (FMR) for a two-bedroom apartment is $1,149. In order to afford rent and utilities, without paying more than 30% of income on housing, a household must earn $3,829 monthly or $45,950 annually. Assuming a standard work schedule, housing alone requires a wage of $22.09, far above California's $8.00 minimum. [118] Adding child support essentially doubles the necessary income. If the obligor has no other child support debts, earns California minimum wage working 40 hours a week, has no benefits, and the custodial spouse does not work, the expected payment is closer to $320. Audits [ edit]In many counties, such as Illinois’ Cook and Kane counties, the division audit themselves. However, other jurisdictions adopt different methods—for example, in 2003 independent auditors reviewed and audited the Child Support Enforcement Agency of Hawaii. Texas has also conducted an independent audit. [119] Clark County, Nevada 's, district attorney office was independently audited in 2003 regarding child support payment collections. [120] In 2003, Maryland recommended outside audits on its five child support enforcement operations. [121]While county reports are the official records, [122] states also have their reports. [123]Imprisonment [ edit]Most courts addressing the issue of imprisonment for child support deficiencies since the United States Supreme Court 's ruling in Lassiter vs Department of Social Services, 452 U. S. 18 (1981) have held that appointed counsel is required if the obligor's liberty is at stake. In March, 2006, the Supreme Court of New Jersey, upheld this principle in the case of Anne Pasqua, et al. v. Hon. Gerald Council, et al. As of August 2006, at least four states (New Hampshire, Pennsylvania, Virginia, and South Carolina) do not consistently appoint attorneys in enforcement proceedings. As of 2011 court challenges were pending in Pennsylvania and New Hampshire. [ citation needed]On March 23, 2011, the United States Supreme Court heard Turner v. Rogers, a case concerning whether South Carolina had a legal obligation to provide appointed counsel to Turner, who was jailed for child support non-payment. The right to a jury trial is abridged in criminal non-support cases when the defendant is charged with misdemeanor non-support. The judge can incarcerate the obligor for contempt of court for some time, presumably till the balance is brought current, similar to debtors' prisons of prior eras. Jail complicates child support payments, which is why some states suspend sentences and impose a probationary period during which payments must be made and/or employment searches conducted, with jail reserved for uncooperative offenders. [124]Paternity fraud, not-adopted, non-biological children [ edit]Main article: Paternity fraud Paternity questions which complicate the issue of child support can be due to incorrect information, fraudulent intent, or default judgements. Paternity fraud mainly affects four groups of individuals: the defrauded party forced to pay support for a child that is not biologically his, the child potentially deprived of a relationship with his/her biological father, the biological father who may have lost a relationship with his child, and the mother of the child in question. The non-biological father may be liable for child support even if paternity fraud is proven as some jurisdictions limit the amount of time allowed to challenge paternity. [125] In most jurisdictions the courts can declare the male who acts as the child's father to be the father through the equitable operation of an estoppel. Once a man declares a child as his offspring and lives with the child for a period of time the court may assign the putative father all of the obligations of parenthood even if the child is not biologically his. [125]Criticism [ edit]See also: Fathers' rights movement § Child support, and Dubay v. Wells Current child support guidelines and policies have been criticized by fathers' rights advocacy groups, as well as by feminists advocating gender equality and reproductive choice for men. [126] [127] [128] [129]Current child support guidelines and policies have also been criticized for requiring boys and men who are victims of rape to pay child support to the women who rape them. [130]Melanie Mc Culley, a South Carolina attorney coined the term male abortion in 1998, suggesting that a father should be allowed to disclaim his obligations to an unborn child early in the pregnancy. [131] Proponents hold that concept begins with the premise that when an unmarried woman becomes pregnant, she has the option of abortion, adoption, or parenthood; and argues, in the context of legally recognized gender equality, that in the earliest stages of pregnancy the putative (alleged) father should have the same human rights to relinquish all future parental rights and financial responsibility—leaving the informed mother with the same three options. Mc Culley states:'When a female determines she is pregnant, she has the freedom to decide if she has the maturity level to undertake the responsibilities of motherhood, if she is financially able to support a child, if she is at a place in her career to take the time to have a child, or if she has other concerns precluding her from carrying the child to term. After weighing her options, the female may choose abortion. Once she aborts the fetus, the female's interests in and obligations to the child are terminated. In stark contrast, the unwed father has no options. His responsibilities to the child begin at conception and can only be terminated with the female's decision to abort the fetus or with the mother's decision to give the child up for adoption. Thus, he must rely on the decisions of the female to determine his future. The putative father does not have the luxury, after the fact of conception, to decide that he is not ready for fatherhood. Unlike the female, he has no escape route'. Mc Culley's male abortion concept aims to equalize the legal status of unwed men and unwed women by giving the unwed man by law the ability to 'abort' his rights in and obligations to the child. If a woman decides to keep the child the father may choose not to by severing all ties legally. This same concept has been supported by a former president of the feminist organization National Organization for Women, attorney Karen De Crow, who wrote that "if a woman makes a unilateral decision to bring pregnancy to term, and the biological father does not, and cannot, share in this decision, he should not be liable for 21 years of support...autonomous women making independent decisions about their lives should not expect men to finance their choice." [126]The legal concept was tried in Dubay v. Wells and was dismissed. This was not surprising, since legislation in the various jurisdictions currently sets forth guidelines for when child support is owed as well as its amount. Accordingly, legislation would be required to change the law to implement Mc Culley's concept. See also [ edit]Bradley Amendment California Child Support Guideline Review Child Support Deadbeat dad Debtor's prison Glenn Sacks Uniform Child Custody Jurisdiction And Enforcement Act Tax refund interception References [ edit]^ "Section". Edocket.access.gpo.gov. Retrieved 2010-08-11.^ Buckley, John. "State by State Child Support Guidelines". Do Over.com. Archived from the original on 2011-07-10. Retrieved 2011-03-10.^ Dalton v. Clanton, 559 A.2d 1197 (Del. 1989)^ [1]ALTHOUGH I have signed H. R. 17045, I am pleased with most of its provisions but concerned about others. The provisions concerning the Federal-State partnership program for social services successfully concludes many long months of negotiations among the Congress, the Department of Health, Education, and Welfare, Governors, State administrators, and spokesmen for producers and consumers. Ending a long impasse, the efforts of all exemplify my call for communication, cooperation, conciliation, and compromise when I assumed the office of President. The second element of this bill involves the collection of child support payments from absent parents. I strongly agree with the objectives of this legislation. In pursuit of this objective, however, certain provisions of this legislation go too far by injecting the Federal Government into domestic relations. Specifically, provisions for use of the Federal courts, the tax collection procedures of the Internal Revenue Service, and excessive audit requirements are an undesirable and an unnecessary intrusion of the Federal Government into domestic relations. They are also an undesirable addition to the workload of the Federal courts, the IRS, and the Department of Health, Education, and Welfare Audit Agency. Further, the establishment of a parent locator service in the Department of Health, Education, and Welfare with access to all Federal records raises serious privacy and administrative issues. I believe that these defects should be corrected in the next Congress, and I will propose legislation to do so. I am particularly pleased that this legislation follows a desirable trend in Federal-State relations. It will improve the results of programs previously hampered by unrealistic assumptions of Federal review and control. Those decisions related to local conditions and needs will be made at the State level, while Federal responsibilities are clearly delineated. Indeed, the interests of not only the Federal and State governments but also producers and consumers are recognized and protected. I also believe that this new legislation significantly improves program accountability and focuses funds on those most in need of services. 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Retrieved 2010-08-11.^ "Louisiana Law Search". Legis.state.la.us. Retrieved 2017-07-21.^ "Louisiana Department of Social Services". Web.archive.org. Archived from the original on 2003-12-24. Retrieved 2017-07-21.^ Basic Child Support Tables Each country sets its own rates for child support. Given that most states now take both parents income, the number of days children spend with each parent, and other factors such as the number of tax exemptions for children each parent is entitled to take, an algorithm is used to develop the tables in most states, rather than a simple formula. Self Support Reserve The tables include the concept of a Self Support Reserve (SSR). The SSR is meant to ensure that the paying parent has sufficient money to live on at federal poverty level. As of 2007, the SSR amount in Louisiana is $551/month gross income. In 2000, PSI recommended increasing the SSR to $687 gross income/month. In 2005, PSI recommended increasing the SSR to $748 gross income/month. These proposed amounts were set based on 85% of Federal Poverty guidelines for a single person. Work Incentive The two methods for child support put an inherent conflict into the tables. To obtain a smooth transition between the SSR amount and the percentage amounts, PSI fit a straight line between the two amounts. To ensure that the paying parent had an incentive to earn more money, they built in a work incentive. The tables allow the paying parent to keep 10% of the net increase for one child; 9% for two; 8% for three; 7% for four; 6% for five; and 5% for six or more children. Minimum support obligation A minimum support order of $100/month was required regardless of circumstances. Additions to the basic obligation The court can increase the basic obligation to allow for 1) Net Child Care costs; 2) Health Insurance; 3) Extraordinary medical expenses; 4) and Extraordinary Expenses. Careless or abusive application of these provisions by the courts can result in support orders that exceed the maximum garnishable amount (50% of net income or minimum wage times 30 hours) by state law. Unemployment and underemployment State law allows for the state to refuse to lower child support orders if a party becomes unemployed or underemployed for any reason. The state considers going to jail a voluntary act and continues awards unabated on the incarcerated. [2]^ "Table of Contents for Chapter 63: CHILD SUPPORT GUIDELINES". Janus.state.me.us. Retrieved 2010-08-11.^ "Office of Integrated Access and Support (OIAS): Maine DHHS". State.me.us. Retrieved 2010-08-11.^ The Child Support Guidelines Section Of Md Law Archived January 25, 2010, at the Wayback Machine.^ Maryland Child Support Enforcement Program - MDHRArchived February 22, 2010, at the Wayback Machine.^ "Child Support Guidelines - The Massachusetts Court System". Mass.gov. 2008-11-13. 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Retrieved 2006-01-17.^ http://www.ncsl.org/programs/cyf/briefak.htm Archived August 10, 2009, at the Library of Congress^ http://kids4kids.com/crcnyc/nycases.htm Child Support Recovery Act of 1992 Archived September 27, 2007, at the Wayback Machine.^ "Archived copy" (PDF). Archived from the original (PDF) on 2010-03-26. Retrieved 2010-03-20.^ a b Mesa, Monika Gonzalez (9 September 2016). "U. S. Signs On To Child Support Treaty". Daily Business Review. Miami: ALM. Retrieved 19 September 2016.^http://www.acf.dhhs.gov/programs/cse/new/csr9701.htm#9701c Archived January 18, 2009, at the Wayback Machine.^ "Wayback Machine" (PDF). Web.archive.org. Archived from the original (PDF) on 2015-06-04. Retrieved 2017-07-21.^ Temporary Assistance for Needy Families (TANF)Archived September 27, 2006, at the Wayback Machine.^ Child Support Enforcement FY 2003 Preliminary Data Report Archived September 26, 2006, at the Wayback Machine.^ Social Security Act §458 (cf. 6B, 6C, & 6D)^ "National Low Income Housing Coalition". National Low Income Housing Coalition.^ Enforcement, Division of Labor Standards. "Minimum wage". Dir.ca.gov.^ [5]^ Pratt, Timothy. "Stories published December 12, 2003Las Vegas Sun". Lasvegassun.com. Archived from the original on 2007-09-30. Retrieved 2010-08-11.^ "Archived copy" (PDF). Archived from the original (PDF) on 2011-10-02. Retrieved 2011-01-15.^ Circuit Court of Cook County - Rules and Orders Archived October 9, 2006, at the Wayback Machine.^ "Child Support". Ilchildsupport.com. Archived from the original on 2006-10-18. Retrieved 2017-07-21.^ May, Rebecca and Marguerite Roulet (2005, January). Center for Family Policy and Practice. A Look at Arrests of Low-Income Fathers for Child Support Nonpayment: Enforcement, Court and Program Practices Archived October 8, 2011, at the Wayback Machine.^ a b "FAMILY LAW: Paternity by Estoppel Enforced When in Best Interests of Child". National Legal Research Group. 2012-04-09. Retrieved 2013-10-27.^ a b Young, Kathy (Oct 19, 2000). "A man's right to choose". Salon.com. Retrieved May 10, 2011.^ Shrage, Laurie (Jun 12, 2013). "Is Forced Fatherhood Fair?". The New York Times. Retrieved January 29, 2014.^ Roiphe, Katie (Jun 8, 2012). "Should a man be responsible for supporting a baby he didn't want?". Slate.com. Retrieved January 29, 2014.^ March, Anna (Nov 2, 2013). "Make fatherhood a man's choice!". Salon.com. Retrieved January 29, 2014.^ London, Ellen (2004). "A Critique of the Strict Liability Standard for Determining Child Support in Cases of Male Victims of Sexual Assault and Statutory Rape" (PDF). University of Pennsylvania. Retrieved February 3, 2014.^ Mc Culley, Melanie G. (1998). The male abortion: the putative father's right to terminate his interests in and obligations to the unborn child. The Journal of Law and Policy, Vol. VII, No. 1. External links [ edit]Government sites Up to $4.1 billion available to States that create support and arrearage orders, and then collect (cf. 6B, 6C, & 6D). Social Security Administration's Incentive While 40% of children whose fathers live outside the home have no contact with their children, the other 60% had contact an average of 69 days in the last year. U. S. Department of Health and Human Services CSE Government Program Reports Congressional Research Service (CRS) Reports regarding child support Office of Child Support Enforcement by state"Today, a child support violator can be prosecuted under Federal law" - child support enforcement Census85% of child support providers are men, $24.4 billion of child support reported as paid in 2010 U. S. Census Bureau Custodial parents reported an aggregate of $37.9 billion of child support due in 2011, $23.6 billion received U. S. Census Bureau U. S. Child Support Statistics - U. S. Census Bureau Guidelines and legislation Deadbeat Parents Punishment Act More than 70% of child support collections come through the wage withholding process. As such, employers are an important element of any child support initiative. American Payroll Association Hawai'i at bottom in child-support ranking Accurately Evaluating State Child Support Program Performance National Child Support Enforcement Association National Conference of State Legislators - Driver License Suspensions for Child Support Categories: United States law Child welfare in the United States Child support  Noncustodial Parent FAQs Noncustodial Parent FAQs Collapse all | Expand all What are my payment options? There are several options available: Pay Online: Electronic payments can be made online using your Visa card, Master Card, checking account or savings account at Make a Payment Use Pay Pal at https://childsupportbillpay.com/california. To make a payment, you will need your California Child Support Participant ID number and a Pay Pal account. Methods of payment accepted by Pay Pal are; Pay Pal balance, Pay Pal branded debit and credit cards, bank account debit card, and credit card (Visa, Master Card, American Express or Discover). There is a 2.49% ($3.95 minimum) service fee on every transaction. Notice: The maximum transaction amount per day is $5,000.00. It may take three or four days for your payment to be posted to your child support account. Pay by Phone: Call 1-866-901-3212 (option 1). Electronic payments can be made using your Visa card, Master Card, checking account or savings account. Pay by Mail: If your case is managed by a Local Child Support Agency, you can mail a check or money order to: CA SDU, PO BOX 989067, West Sacramento, CA 95798-9067. If your case is a private case that is not managed by a Local Child Support Agency, call 1-866-901-3212 for assistance with making payments by mail. Pay by Mobile App: Available for Android and i Phone, the CAChild Sup mobile app lets you make electronic payments using your smartphone. Download the free CAChild Sup app. Pay in Cash: Use Money Gram at 18 retail stores. Find a location at www. Money Gram.com/Locations or call 1-800-926-9400. To make a payment, you will need your California child support Participant ID number and Receive Code 14630. Money Gram charges a $1.99 fee. Notice: It may take three or four days for your payment to be posted to your child support account. Use Pay Near Me at 7-Eleven, Family Dollar and ACE Cash Express stores. Get a personal Pay Near Me barcode on Pay Near Me’s California child support page at www. Pay Near Me.com/California or by contacting your local child support office at 866-901-3212. Present the barcode – either on a smart phone or on paper – to a cashier to be scanned at the counter. Reuse the barcode for future payments or get a new one, as needed. Find a Pay Near Me location near you. Pay Near Me charges a $1.99 convenience fee and guarantees payments. Notice: It may take three or four days for your payment to be posted to your child support account. Pay at a local child support office: Some local child support agencies accept cash and other forms of payment over the counter or at a kiosk. To find out which locations accept in-office payments, contact those nearest to you by calling 866-901-3212. Office addresses are available online at www.childsup.ca.gov/offices. Ask Questions: If you have questions about any of the payment options, please contact a child support professional by email from within Customer Connect or by phone at 1-866-901-3212. How do I register on the website ( www.casdu.com )? How do I make a payment on the website? Can I make a payment by phone using the IVR? Are there advantages to registering on the website? How can I get my payment history? What do I need to use the Customer Connect website? What do I need to use the Customer Connect automated phone system (Interactive Voice Response (IVR))? Who do I contact if I have questions about using the website or automated phone system? Who do I contact if I have questions about using Pay Pal to make a payment? If I can’t pay electronically, where do I send my child support payments? My employer withholds support from my paycheck. Do I need to do anything? How will my employer know how much money to take out of my paycheck to pay my child support? What is allocation and how does it affect me? What should I do if my payment is dishonored or returned by the bank? What should I do if I need to place a stop payment request with my bank? How do I make a replacement payment? Who can I talk to about my bank levy? I am the parent paying support, but my child lives with me now. Can the child support order be changed? How long do I have to pay child support? Why is the Employment Development Department (EDD) deducting money from my unemployment or state disability benefit payment? What is the Child Support Warning Notice (CSWN)? My passport has a hold on it. How can I get a release? My driver's license has been suspended due to child support. How can I get a release? Can I make a credit/debit card payment where the card-issuing bank is outside the United States?  Child Custody and Support Child Custody and Support Setting Guidelines for Child Support Can a parent be forced to pay child support? State and federal governments have a variety of techniques for enforcing payments of child support. The most common is a wage deduction order, by which an employer sends a portion of the obligor-parent’s wages to a state agency which then sends the money to the parent who has custody of the child. Beginning in 1994, all new child support orders were required to provide for an automatic deduction from the obligor’s wages. The wage deduction takes effect immediately unless the parties have agreed otherwise or unless a court waives immediate deductions from wages. Even with such a waiver or agreement, the order must provide that a wage deduction will begin without returning to court if the person owing child support falls more than 30 days behind in payments. Wage withholding can be used to collect current support as well as past-due support. Wage deduction orders are effective in collecting support if the parent is regularly employed and does not change jobs frequently. If the parent loses a job, there is, of course no wage from which to make a deduction. If the parent changes jobs, the new employer must be served with a deduction notice before wages are withheld. If a parent is self-employed, the parent is still obliged to send payments, but the person to whom support is due cannot look to an independent employer to make sure that payments are sent on time. For parents who are behind in support payments, the state also can intercept federal and state tax refunds. This is a useful remedy if the obligor-parent has a sizeable refund due. If the obligor filed a joint income tax return with a new spouse, the new spouse can show the enforcement authorities the portion of the income tax refund that belongs to him or her so that the spouse’s portion of the refund will not be intercepted. In addition to seizing tax refunds, states also can place liens on property, such as real estate and automobiles to obtain past-due support. Another penalty that states may impose on parents who have not paid support is a finding of contempt of court. A finding of contempt of court means that the person charged with contempt has willfully not done something that he or she has been ordered to do by the court - in this case, to pay child support. A finding of contempt of court can result in a fine, a jail term, or both. Private attorneys can help parents with collection of child support. The attorney’s normal rates will generally apply, although in some states attorneys may be permitted to handle a case of past-due support for a contingency fee. Contingency fees are for the most part forbidden in family law cases, but they may be permitted if the issues is collecting past-due support. Charging a contingency fee means the lawyer will take a portion of whatever is collected, but the client will not have to pay the attorney’s fees if nothing is collected. (The client may be required to pay the attorney’s costs—filing fees, photocopying, and the like.) The amount of the contingency fee varies, but a payment to the attorney of one-third of the amount collected is a common arrangement. Attorney fees also can be assessed against the party who was supposed to pay support, but did not. In that case, the parent who was supposed to pay support will pay for the attorney of the other parent in addition to his or her own attorney fees. Another way of collecting past-due child support is to use a collection agency. Some collection agencies will handle collection of child support just as they handle collection of business debts or credit card debts. Collection agencies usually charge a contingency fee. Collection agencies can be found through the Yellow Pages.>>How are child support guidelines set?>>What is considered income?>>Can a parent be forced to pay child support?>>What happens when the parents share custody?>>Must the noncustodial parent pay support if the child is with him or her for summer vacation?>>Who pays for college expenses? Practical Law Home | Child Custody & Support Home | Deciding Factors in Awarding Child Custody Issues Surrounding Visitation | *Setting Guidelines for Child Support*Adjusting Child Custody Arrangements or the Amount of Child Support Print Feedback A AAdvertisement  Texas Name Change Center Texas Name Change Center Start Your Texas Name Change Today!All the forms you need. Filing instructions also included.100% Court Approval Guarantee. FREE Will, Power of Attorney & Living Will . Attorney authored and approved. Try Before You Buy! No credit info is needed to start. NAME CHANGE & LEGAL FORMS ONLINE: Texas Name Change for an Adult - $29.95Texas Name Change for a Minor Child - $29.95Legal Technician P TX Name Change for an Adult - $99.95Legal Technician P TX Name Change for a Minor Child - $99.95Texas Uncontested Divorce Products Texas Marital Separation Agreements Courts and Community Resources Court Structure of Texas Texas Judiciary On-Line Texas State Law Library Texas Legal Information Center Texas State Laws Texas Judicial System - Procedures, Rules and Revisions Texas Name Change Law FAMILY CODESUBTITLE C. CHANGE OF NAMECHAPTER 45. CHANGE OF NAMESUBCHAPTER A. CHANGE OF NAME OF CHILDSec. 45.001. WHO MAY FILE; VENUE. A parent, managing conservator, or guardian of a child may file a petition requesting a change of name of the child in the county where the child resides. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 45.002. REQUIREMENTS OF PETITION. (a) A petition to change the name of a child must be verified and include: (1) the present name and place of residence of the child; (2) the reason a change of name is requested; (3) the full name requested for the child; (4) whether the child is subject to the continuing exclusive jurisdiction of a court under Chapter 155; and (5) whether the child is subject to the registration requirements of Chapter 62, Code of Criminal Procedure. (b) If the child is 10 years of age or older, the child's written consent to the change of name must be attached to the petition. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 1999, 76th Leg., ch. 1390, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1300, Sec. 5, eff. Sept. 1, 2003. Sec. 45.003. CITATION. (a) The following persons are entitled to citation in a suit under this subchapter: (1) a parent of the child whose parental rights have not been terminated; (2) any managing conservator of the child; and (3) any guardian of the child. (b) Citation must be issued and served in the same manner as under Chapter 102. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 45.004. ORDER. (a) The court may order the name of a child changed if: (1) the change is in the best interest of the child; and (2) for a child subject to the registration requirements of Chapter 62, Code of Criminal Procedure: (A) the change is in the interest of the public; and (B) the person petitioning on behalf of the child provides the court with proof that the child has notified the appropriate local law enforcement authority of the proposed name change. (b) If the child is subject to the continuing jurisdiction of a court under Chapter 155, the court shall send a copy of the order to the central record file as provided in Chapter 108. (c) In this section, "local law enforcement authority" has the meaning assigned by Article 62.01, Code of Criminal Procedure. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 2003, 78th Leg., ch. 1300, Sec. 6, eff. Sept. 1, 2003. Sec. 45.005. LIABILITIES AND RIGHTS UNAFFECTED. A change of name does not: (1) release a child from any liability incurred in the child's previous name; or (2) defeat any right the child had in the child's previous name. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. SUBCHAPTER B. CHANGE OF NAME OF ADULTSec. 45.101. WHO MAY FILE; VENUE. An adult may file a petition requesting a change of name in the county of the adult's place of residence. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 45.102. REQUIREMENTS OF PETITION. (a) A petition to change the name of an adult must be verified and include: (1) the present name and place of residence of the petitioner; (2) the full name requested for the petitioner; (3) the reason the change in name is requested; (4) whether the petitioner has been the subject of a final felony conviction; and Text of subd. (5) as amended by Acts 2003, 78th Leg., ch. 1300, Sec. 7 (5) whether the petitioner is subject to the registration requirements of Chapter 62, Code of Criminal Procedure. Text of subd. (5) as amended by Acts 2003, 78th Leg., ch. 1003, Sec. 1 (5) a legible and complete set of the petitioner's fingerprints on a fingerprint card format acceptable to the Department of Public Safety and the Federal Bureau of Investigation. (b) The petition must include each of the following or a reasonable explanation why the required information is not included: (1) the petitioner's: (A) full name; (B) sex; (C) race; (D) date of birth; (E) driver's license number for any driver's license issued in the 10 years preceding the date of the petition; (F) social security number; and (G) assigned FBI number, state identification number, if known, or any other reference number in a criminal history record system that identifies the petitioner; (2) any offense above the grade of Class C misdemeanor for which the petitioner has been charged; and (3) the case number and the court if a warrant was issued or a charging instrument was filed or presented for an offense listed in Subsection (b) (2). Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 2003, 78th Leg., ch. 1003, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1300, Sec. 7, eff. Sept. 1, 2003. Sec. 45.103. ORDER. (a) The court shall order a change of name under this subchapter for a person other than a person with a final felony conviction or a person subject to the registration requirements of Chapter 62, Code of Criminal Procedure, if the change is in the interest or to the benefit of the petitioner and in the interest of the public. (b) A court may order a change of name under this subchapter for a person with a final felony conviction if, in addition to the requirements of Subsection (a), the person has: (1) received a certificate of discharge by the pardons and paroles division of the Texas Department of Criminal Justice or completed a period of probation ordered by a court and not less than two years have passed from the date of the receipt of discharge or completion of probation; or (2) been pardoned. (c) A court may order a change of name under this subchapter for a person subject to the registration requirements of Chapter 62, Code of Criminal Procedure, if, in addition to the requirements of Subsection (a), the person provides the court with proof that the person has notified the appropriate local law enforcement authority of the proposed name change. In this subsection, "local law enforcement authority" has the meaning assigned by Article 62.01, Code of Criminal Procedure. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 2003, 78th Leg., ch. 1300, Sec. 8, eff. Sept. 1, 2003. Sec. 45.104. LIABILITIES AND RIGHTS UNAFFECTED. A change of name under this subchapter does not release a person from liability incurred in that person's previous name or defeat any right the person had in the person's previous name. Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 45.105. CHANGE OF NAME IN DIVORCE SUIT. (a) On the final disposition of a suit for divorce, for annulment, or to declare a marriage void, the court shall enter a decree changing the name of a party specially praying for the change to a prior used name unless the court states in the decree a reason for denying the change of name. The court may not deny a change of name solely to keep last names of family members the same. (b) A person whose name is changed under this section may apply for a change of name certificate from the clerk of the court as provided by Section 45.106. Added by Acts 1997, 75th Leg., ch. 165, Sec. 7.10 (a), eff. Sept. 1, 1997. Sec. 45.106. CHANGE OF NAME CERTIFICATE. (a) A person whose name is changed under Section 6.706 or 45.105 may apply to the clerk of the court ordering the name change for a change of name certificate. (b) A certificate under this section is a one-page document that includes: (1) the name of the person before the change of name was ordered; (2) the name to which the person's name was changed by the court; (3) the date on which the name change was made; (4) the person's social security number and driver's license number, if any; (5) the name of the court in which the name change was ordered; and (6) the signature of the clerk of the court that issued the certificate. (c) An applicant for a certificate under this section shall pay a $10 fee to the clerk of the court for issuance of the certificate. (d) A certificate under this section constitutes proof of the change of name of the person named in the certificate. Added by Acts 1997, 75th Leg., ch. 165, Sec. 7.10 (a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.06, eff. Sept. 1, 1999.  Child Support Enforcement Child Support Enforcement Kentucky Child Support Enforcement has an interactive website where you can apply for child support services, estimate a child support obligation, make your child support payments, report address changes, upload court orders and other legal documents, verify payment history and past due child support amounts and request updates on ongoing child support actions. Child Support Enforcement in the Department for Income Support provides assistance to parents with minor children seeking financial support from a noncustodial parent. Every child has a legal right to financial support from both parents. Where to Send Child Support Payments Payments can be made on the Kentucky Child Support Interactive Website. Please make checks payable to the Kentucky Child Support Enforcement Program and send to the following address: P. O. Box 14059 Lexington, KY 40512-4059How to Apply for Child Support Enforcement Services Child support enforcement services are automatically provided to current and former recipients of K-TAP and public medical assistance. Your K-TAP caseworker will refer your case to the appropriate child support office. If you are not receiving K-TAP or medical assistance, you can apply for child support enforcement services on the Kentucky Child Support Interactive Website. If you want to complete a paper application, you must complete the Application for Child Support Services ( CS-33) for services. The Child Support Fact Sheet ( CS-37) explains the child support services available to a non-KTAP applicant. The following forms should also be completed by the applicant: The Authorization and Acknowledgement of No Legal Representation ( CS-11) informs a non-K-TAP applicant that contracting officials (county attorneys) employed by the Cabinet for Health and Family Services (CHFS) represent the Commonwealth of Kentucky and not the applicant. The Custodial Parent Affidavit ( CS-148) is a sworn statement of the amount of support paid to the custodial parent. Custodial parents may choose to receive their child support payments by electronic deposit to a checking or savings account or a prepaid debit card. Complete the Authorization for Electronic Deposit of Child Support Payments ( CS-202) and return it to the address or fax number on the form. Custodial parents may also select an electronic deposit option through the Kentucky Child Support Interactive website. Child Support Enforcement Voice Response System (800) 443-1576You may access your account to verify payment history and past-due amounts on the Kentucky Child Support Interactive website. Automated access to payment and account information. This system is available 24 hours a day, seven days a week. How to Request a Review and Modification The Cabinet for Health and Family Services (CHFS) may review and adjust a parent’s support obligation when there is an assignment of support rights (the custodial parent receives public assistance for the child) or when either parent requests a review. CHFS may adjust a support obligation, if the review shows a material change in the current support obligation using the Child Support Guidelines, as referenced in Kentucky Revised Statute (KRS) 403.212. KRS 403.213 (2) defines a material change as a continuing change in circumstances, which results in at least a 15 percent increase or decrease in the amount of support due per month. A review of the order or cash medical support may cause medical support, in the form of health insurance for the child (ren), to be added to the order. Once the review is started, adjustment of the order will be completed even if the results do not favor the party who requested the review. For example, if an increase in support is requested and the calculations result in a decrease, the obligation will be lowered. If a decrease in support is requested and the calculations result in an increase, the obligation will be increased. If you request a review, you must provide all of the following financial information that applies to your case: Your gross monthly salary (earned income before deductions) and other sources of income. The amount you or your spouse pays for health insurance for the child (ren). The amount you pay for court-ordered spousal support for a former spouse. The amount you pay for child support for prior-born (older) child (ren). The amount you pay for child care expenses for the child (ren), provided this money is spent to allow the mother or father who has custody to work or attend school. The Cabinet represents the best interest of the child and does not represent either party. At any time, either party may choose to use a private attorney to present arguments in his or her best interest. How to Calculate Your Child Support Obligation You may estimate your child support obligation on the Kentucky Child Support Interactive Website. You may also use the following forms to calculate the amount of child support a noncustodial parent must pay. The CS-71.1 is only used when one parent has 100 percent of the total income for the family. When printing these forms, you must also print a copy of the Child Support Guidelines Table, in order to complete the worksheet. CS-71 - Worksheet For Monthly Child Support Obligation CS-71.1 - Worksheet For Monthly Child Support Obligation Exception CS-71 - Worksheet For Monthly Child Support Obligation in (Spanish)CS-71.1 - Worksheet For Monthly Child Support Obligation Exception (Spanish)Child Support Guidelines Table KY New Hire Reporting Center800-817-2262For employers who need to report newly hired or rehired employees or have questions concerning the reporting process please visit the Kentucky New Hire Reporting website. Financial Institution Data Match Financial Institution Data Match (FIDM) is a match between financial institutions and child support enforcement agencies to identify any accounts belonging to noncustodial parents who are delinquent in their child support obligations. The following documents are for financial institutions: FIDM Information Sheet FIDM Set-Up-Sheet FIDM Invoice for Payment FIDM Memorandum Of Agreement KY Paternity Acknowledgement Program800-248-1163Information on establishing paternity voluntarily. Frequently Asked Questions About The Program Private Wage Withholding Cases800-248-1163Child Support Enforcement Non-IV-D Unit P. O. Box 2150 Frankfort, KY 40602All private attorneys must utilize the Federal Income Withholding Order (IWO), see OMB 0970-0154, to notify an employer of an income withholding. Private attorneys refer to the Procedural Instructions to complete the IWO for a Kentucky child support order.  How to Get Back Child Support Waived An order for child support is a binding court document that sets forth a particular amount of money that a noncustodial parent must pay to the custodial parent to help pay for a child's needs. When a noncustodial parent fails to pay child support pursuant to a court order, the past due child support continues to add up. This is called child support arrears. In some situations, a noncustodial parent may wish to have his child support arrears waived. This can be difficult to achieve, depending on many factors. The court will always look to see if this is in the best interests of the child, and each situation will be determined on a case-by-case basis. Child's Right to Support Child support is determined by state law, instead of federal law. Because of this, how child support arrears are handled will vary, depending on where you live. In all states, child support is considered a child's right, instead of a parent's right. Courts are reluctant to allow parents to negotiate child support away because this may negatively affect the child, and the child is too young to make this decision on his own. Courts usually view all changes to child support by examining what is in the best interests of the child. Protect your loved ones. Start My Estate Plan Waiver of Arrears In some circumstances, a custodial parent may agree to waive past due child support. This may be because she is financially capable of caring for her child without the past due support. It also may be because the noncustodial parent has made an offer to pay a portion of the past due support in exchange for the custodial parent waiving the remaining balance. Another example may be that the custodial and noncustodial parents have reconciled, and are living together and sharing expenses. Whatever the reason, remember that a custodial parent does not automatically get to waive past due child support, without the court's approval. Waiver Motion If a custodial parent and noncustodial parent reach an agreement with respect to the waiver of past due child support, the custodial parent must file a motion with the court that issued the initial custody order. As part of that motion, the custodial parent would provide the agreement she reached with the noncustodial parent. The agreement must be signed by both parents. The court would then review all of the financial circumstances of both parties and decide whether or not it is in the child's best interests to waive the past due support. If the court agrees to the waiver, the court will issue a new child support order that erases the past due support. Even if past due child support is waived, the noncustodial parent can still be required to pay current child support each month. Judicial Investigation When deciding whether to waive past due child support, the court will do a judicial investigation into the best interests of the child. The court will examine the agreement that the custodial parent and noncustodial parent reached, and see if it protects the child. If the court finds that the custodial parent can support the child financially without the past due support, the court is likely to accept the agreement. If the court believes that the child needs the past due support, the court can refuse the agreement. There is no black-and-white rule during these investigations, and each case will be different, depending on the unique facts surrounding the family. Retroactive Child Support Child support is not automatically awarded when a child is born. Child support only becomes effective when a custodial parent files a motion with the court asking for child support. This only pertains to couples who are separated or were never together. For example, it may be the case that a mother who was never in a relationship with her child's father does not file a petition for child support until the child is three years old. Years later, if there is past due child support owed, it will not be owed from the date of the child's birth but instead will be owed from the time the child was three until the present date. The child support that would have been owed during that child's first three years of life would be deemed waived, since the mother never filed any paperwork with the court. For this reason, it is extremely important that if you have custody of your child and you are not together with your child's other parent, that you file a motion for child support as soon as your child is born. Once you do this, if the noncustodial parent refuses to pay, any child support arrears will be owed for the entire duration of your child's life. Child Support Owed to State In some situations, past due child support will be owed to the state instead of the custodial parent. This most commonly occurs when the custodial parent has collected welfare or other public assistance during the years when they were not receiving child support. If this is the case, the noncustodial parent would be required to pay the child support arrears to the county that issued the original child support order. The noncustodial parent may also be required to reimburse the state public assistance department that provided the welfare payments to the custodial parent. State Policies If a noncustodial parent owes past due child support directly to the state, there are some policies in place that may assist them in reducing the balance owed. Some states, such as California, offer a child-support reduction program that allows noncustodial parents to "settle" their debt by paying one lump sum that is approximately 20 to 30 percent of the total owed. The remaining balance is then erased. Also, if a noncustodial parent files for Chapter 13 bankruptcy and then works a full-time job for five years, he can request to have the interest waived on his past due support. In some situations, past due child support will be waived if you can prove that your child lived with you during the years when you were not paying the support to the custodial parent. Finally, it is sometimes possible to have past due child support waived if you can show that the court did not serve you properly with the court documents when the initial order was entered. Protect your loved ones. Start My Estate Plan How to Waive Rights to Retroactive Child Support References Resources Related articles Help With Receiving Unpaid Child Support in Texas During divorces, Texas courts issue child-support orders to direct the noncustodial parent to pay a certain amount of support for his children. If the noncustodial parent does not pay the support as ordered, it can be difficult for the custodial parent to return to court for help enforcing the order. However, the Texas Attorney General has resources to help custodial parents collect the child support they are owed. How to Get Custody Back of Your Kids When One Party Leaves State Without Going to Court When parents divorce, the divorce agreement will explain each parent's rights and responsibilities with respect to the children. One parent will usually be named as the custodial parent. The other parent is called the noncustodial parent and usually has visitation, also known as parenting time, with the children. In most cases, a custodial parent is not allowed to move the children out of state without the approval of the noncustodial parent. If a custodial parent moves the children without this consent, the noncustodial parent can file a motion with the court to compel the return of the children. Alabama Child Support Arrears Laws Child support is awarded to a custodial parent to provide financial assistance with a child's basic needs, including food, clothing and shelter. Support is generally owed until the child turns 18. When a non-custodial parent does not pay as ordered, the owed support becomes past due, or in arrears. In Alabama, the Department of Human Resources' Child Support Enforcement Program aids custodial parents in the collection of child support arrearages.  . e Employer FAQs Frequently Asked Questions From Employers Section 1: Income Withholding Q. Why do I need to withhold child support from an employee’s paycheck? A. In New Mexico, all child support orders are required to be issued with a provision for income withholding. New Mexico employers are required by law (Section 40-4A-4.1 NMSA 1978 and Section 40-4A-8 NMSA 1978) to withhold income for child support. Income withholding is the most effective way to pay and collect child support; it is not a punitive measure against the employee. Q. When do I begin to withhold income? A. Upon receipt of an “Order/Notice to Withhold Income for Child Support”, you must begin deducting the amount designated no later than the next payment of income that is payable to the employee. You must forward the deducted amount within 7 working days of the date the employee is paid. Q. I filled out a “Verification of Employment” form. Do I automatically start withholding income? A. No. There may be a lapse of time until you receive an “Order/Notice to Withhold Income”. The Verification of Employment form is used for many purposes, such as to determine location and income. Until you receive the actual “Order/Notice to Withhold Income” you cannot start to withhold income. Q. What is the maximum amount that can be withheld? A. New Mexico allows for a maximum withholding of support at 50% of the employee’s disposable weekly earnings. Disposable means the net income left after making mandatory deductions such as State, Federal or local taxes, Social Security taxes, and Medicare taxes. Q. What should I do if there is an existing Internal Revenue Service garnishment on an employee and I receive an order to withhold income for child support? A. A levy from the Internal Revenue Service (IRS) takes priority over child support income withholding if the IRS tax lien was served before the child support income withholding. However, if the income withholding for child support was served prior to the IRS lien, the pre-existing child support income withholding has priority. Q. What do I need to provide with the payment? A. Each payment must be identified so that it may be credited to the appropriate account. You should include: Employee’s name Social Security Number CSED Case ID (NOT court id or docket number)Amount withheld If the child support case is with the New Mexico Child Support Enforcement Division (NM CSED), you should receive an ‘Employer Statement’ at your place of business. The form, CSED Form 737 (form # found on the bottom of page), will list the name (s) of your employees who have cases with NM CSED. ONLY if you have received an “Order/Notice to Withhold Income” for your employee should you withhold child support from the employee’s payroll. You should return Form 737 with the appropriate information in the boxes provided. If you pay more than once a month, you will need to duplicate the form to be able to send it with each payday’s withholdings. If the employee has since left employment, you should list that date in the appropriate column. If the person named never worked for you, please mention that in the column for termination. Q. What do I do with CSED Form 737? A. NM CSED Form 737 is an ‘Employer Remittance Statement’ sent out once a month to inform employers of the employees that we show working for the employer. It also serves as a ‘backup’ document for the employer to send with the child support check. Especially if the employer is sending in payments for more than one employee, the employer could write one check for the total amount, and complete Form 737 with the appropriate information for each employee. If payroll happens more than once a month, the employer should duplicate Form 737 to use each time payments are sent in. Use of Form 737 helps eliminate errors in identifying payments to the correct cases. Q. Where do I send the withheld amounts? A. Withheld amounts should be made payable and sent to the agency or individual indicated on the income withholding form. Payments for New Mexico Child Support Enforcement cases should be made payable to: Child Support Enforcement Division P. O. Box 25109 Albuquerque, NM 87125Q. Can I combine withheld amounts from different employees into one check? A. You may combine all withheld amounts which are payable to the NM Child Support Enforcement Division into a single payment as long as each employee’s portion is separately designated on the CSED form 737, as described above. Q. How do I withhold for two or more orders against the same employee? A. If the employee has a child support income withholding order and another income withholding order unrelated to child support, the income withholding order to enforce child support has priority regardless of which withholding was served first. If the two or more orders are for child support, then the employer will allocate support among the cases, but in no situation will the allocation result in a withholding for one of the support orders not being implemented. Q. When should I stop withholding? A. The child support income withholding order remains active until you are notified by the agency (such as NM CSED) that the order is no longer in effect. If an employee is fired or quits, you must notify the agency to whom the withheld income is payable. If the money is payable to NM CSED, you must notify the NM CSED office which served the notice of the withholding. You should provide that agency with the employee’s last known address and the name and address of the employee’s new employer, if known. (In order to inform NM CSED of this, you may use the second page of the ‘Order/Notice to Withhold Income’. Please make sure that the employee’s name and Case I. D. are also listed.)Q. When should I reinstate the child support income withholding order? A. If an employee leaves (laid off, etc.) and comes back to work for you, you should reinstate the child support income withholding order immediately and without notice. Q. Should I honor a child support income withholding order issued by a court in another state? A. Yes. New Mexico has adopted the Uniform Interstate Family Support Act (UIFSA). This requires employers to honor a child support income withholding order issued by a court or tribunal in another state. Q. May I discharge or discipline an employee who is subject to a child support income withholding order? A. No. Terminating an employee because of a child support order is illegal. (Section 40-4 A-8 NMSA 1978 and Section 40-4A-11 NMSA 1978)Q. May I refuse to hire an employee who is subject to a child support income withholding order? A. No. Refusing to hire an employee who is subject to a child support income withholding order is illegal. (Section 40-4 A-8 NMSA 1978 and Section 40-4A-11 NMSA 1978)Q. What are the penalties for failure to comply with child support income withholding? A. According to New Mexico law (Section 40-4A-11 NMSA 1978), the employer may be liable for the full amount of support not withheld from the employee’s pay. You may also be subject to a finding of contempt of court for failure to honor a child support income withholding order. The court determines the exact penalties. Q. Should I withhold child support from a sales commission or bonus? A. Yes. State law defines earnings that are subject to a child support income withholding order as any money due an employee for personal services, whether designated as wages, salary, commission, bonus or otherwise. Q. What should I do if my employee tells me the amount being withheld is wrong? A. The employee must contact the agency or the private attorney that served the withholding order. If the order is from another state, the employee needs to contact the agency in the designated state. Q. Whom should I contact if the employee says the arrearage is paid off? A. If the child support income withholding order is associated with a New Mexico CSED case, tell the employee to contact the CSED Customer Service Information Center (1-800-288-7207 for in state calls or 1-800-585-7631 for out of state calls). If the arrearage has been paid off, CSED will send you a modified notice with the appropriate amount to be withheld, if any. If the child support income withholding order is not associated with a New Mexico CSED case, contact as appropriate: the agency that issued the income withholdingthe private attorney that issued the income withholding. Section 2: EFTor Auto-Withdrawal Q. How do I send child support payments electronically? A. An employer may send withheld child support payments electronically either through the employer’s financial institution through a CCD+ or CTX EDI transaction or by signing up for the automatic withdrawal from the employer bank account. Q. How do I arrange to send payments in a CCD+ or CTX EDI transaction? A. The CCD+ and CTX EDI are transaction standards determined by NACHA (National Automated Clearing House Association) for electronic funds transfer for child support. These transactions allow for identifying information to be sent to child support agencies with the amount of support being sent. Your payroll software or payroll vendor may be able to set up these transactions or you may be able to set these up with your financial institution. Employers are especially encouraged to contact the NM SDU EFT Unit, Adam Medina at 505-476-3917 (in Santa Fe) (Adam. Medina@state.nm.us) before sending these transactions. The EFT Unit works with employers to be sure they have the correct case ids associated with the Non-custodial parent employees so that electronic payments will be correctly identified when they are received. The EFT Unit will also provide the correct routing and account numbers for the EFT file. Q. How do I sign up for automatic withdrawal from my company’s bank account? A. An employer may sign up for automatic withdrawal by signing up for an account on the NM Child Support employer website https://elink.hsd.state.nm.us/e Link/ and enter information regarding employee (s), amounts to be withheld, and time periods. Q. How safe is my bank information if I manage automatic withdrawal on the e Employer Site? A. Very. Many users are hesitant to put banking information on a web site. The e Employer site uses industry standard security and 128 bit encryption mechanisms to ensure that the information you provide is secure. Once your information is submitted to the e Employer web site, it is securely transmitted to our internal financial processing system to execute transactions with your bank. Section 3: New Mexico New Hire Directory Q. How do I report my new hires? A. Federal and State law requires employers to report newly hired and re-hired employees in New Mexico to the New Mexico New Hires Directory. This site will provide you with information about reporting new hires including reporting online and other reporting options. You may do so on the New Hire Directory web site at www.nm-newhire.com  Support Payment Support Payment Child support and medical support payments should be paid according to your court order in regards to the due date and the place of payment. If you have received a notice that your place of payment has changed to the State Disbursement Unit (SDU) in San Antonio then you must send your payment to the SDU. If child support payments are not paid on time they begin to accrue interest. NEW! Medical Expenses Itemization Sheet Child Support Payment Calculator Receiving Payments How can I start receiving my child and medical support? What should I do if I receive a child support check that does not belong to me? Making Payments Where should I send my payment? Can I make payments by credit card? Travis County Domestic Relations Office Payments Only!What should I do if I am changing jobs and currently have child support withheld from my paycheck? How can I verify a payment has been posted to my account? Terminating Payments How do I close my domestic relations account when my child support obligations have ended? What happens if I write a hot check to the Domestic Relation Office or the SDU? A friend or a member of my family who pays child support has been arrested on a Travis County Domestic Relations or Texas Attorney General capias (arrest warrant). How do I get him/her released from jail?  About the Child Support Program About the Child Support Program As the official child support enforcement agency for the State of Texas, the Office of the Attorney General provides services for parents who wish to obtain or provide support for their children. The Child Support Division determines, on a case-by-case basis, which of the child support services listed below are appropriate: Locating the absent parent Establishing paternity Establishing and enforcing child support orders Establishing and enforcing medical support orders Reviewing and adjusting child support payments Collecting and distributing child support payments The Office of the Attorney General provides parents with a full range of child support services at no cost. The services are required by federal law and funded by the federal government and the State of Texas. Child Support Division Mission Statement The Attorney General's Child Support Division has a responsibility to assist parents in obtaining the financial support necessary for children to grow up and succeed in life. To encourage parental responsibility, the Attorney General establishes paternity of children, establishes court orders for financial and medical support and vigorously enforces support orders. The Attorney General promotes the emotional involvement of both parents in the life of the child by working with community groups, schools and hospitals. Attorney General employees will perform their duties in an efficient manner to minimize taxpayer expense and in a friendly fashion to maximize customer satisfaction. All activities conducted within the Child Support Division, whether projects or ongoing functions, are designed to support the priorities of: Children;Collections; and,Customer services. Rights of the Parent Expect that personal information will be kept confidential, including your physical address Obtain timely and professional customer service Submit a written complaint or inquiry concerning your case Responsibilities of the Parent Complete documents Appear in court Provide support for your child Notify the Office of the Attorney General of address and phone changes In accordance with state and federal law, the Office of the Attorney General is responsible for the establishment and enforcement of child support. The Office of the Attorney General represents the state and cannot represent individuals involved in child support claims. For more information about child support services, please call the Office of the Attorney General, Child Support Division at 1-800-252-8014 or contact the child support office nearest you.  Florida Statutes 742.18 â Disestablishment of paternity or termination of child support obligation Florida Statutes > Chapter 742 > § 742.18Florida Statutes 742.18 – Disestablishment of paternity or termination of child support obligation Current as of: 2017 | Check for updates | Other versions (1) This section establishes circumstances under which a male may disestablish paternity or terminate a child support obligation when the male is not the biological father of the child. To disestablish paternity or terminate a child support obligation, the male must file a petition in the circuit court having jurisdiction over the child support obligation. The petition must be served on the mother or other legal guardian or custodian of the child. If the child support obligation was determined administratively and has not been ratified by a court, then the petition must be filed in the circuit court where the mother or legal guardian or custodian resides. Such a petition must be served on the Department of Revenue and on the mother or legal guardian or custodian. If the mother or legal guardian or custodian no longer resides in the state, the petition may be filed in the circuit court in the county where the petitioner resides. The petition must include: (a) An affidavit executed by the petitioner that newly discovered evidence relating to the paternity of the child has come to the petitioner’s knowledge since the initial paternity determination or establishment of a child support obligation. Terms Used In Florida Statutes 742.18minor: includes any person who has not attained the age of 18 years. See N. Y. Education Law 661 - Eligibility requirements and conditions governing awards and loansperson: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See N. Y. Education Law 661 - Eligibility requirements and conditions governing awards and loanswriting: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See N. Y. Education Law 661 - Eligibility requirements and conditions governing awards and loans (b) The results of scientific tests that are generally acceptable within the scientific community to show a probability of paternity, administered within 90 days prior to the filing of such petition, which results indicate that the male ordered to pay such child support cannot be the father of the child for whom support is required, or an affidavit executed by the petitioner stating that he did not have access to the child to have scientific testing performed prior to the filing of the petition. A male who suspects he is not the father but does not have access to the child to have scientific testing performed may file a petition requesting the court to order the child to be tested. (c) An affidavit executed by the petitioner stating that the petitioner is current on all child support payments for the child for whom relief is sought or that he has substantially complied with his child support obligation for the applicable child and that any delinquency in his child support obligation for that child arose from his inability for just cause to pay the delinquent child support when the delinquent child support became due. (2) The court shall grant relief on a petition filed in accordance with subsection (1) upon a finding by the court of all of the following: (a) Newly discovered evidence relating to the paternity of the child has come to the petitioner’s knowledge since the initial paternity determination or establishment of a child support obligation. (b) The scientific test required in paragraph (1) (b) was properly conducted. (c) The male ordered to pay child support is current on all child support payments for the applicable child or that the male ordered to pay child support has substantially complied with his child support obligation for the applicable child and that any delinquency in his child support obligation for that child arose from his inability for just cause to pay the delinquent child support when the delinquent child support became due. (d) The male ordered to pay child support has not adopted the child. (e) The child was not conceived by artificial insemination while the male ordered to pay child support and the child’s mother were in wedlock. (f) The male ordered to pay child support did not act to prevent the biological father of the child from asserting his paternal rights with respect to the child. (g) The child was younger than 18 years of age when the petition was filed. (3) Notwithstanding subsection (2), a court shall not set aside the paternity determination or child support order if the male engaged in the following conduct after learning that he is not the biological father of the child: (a) Married the mother of the child while known as the reputed father in accordance with s. 742.091 and voluntarily assumed the parental obligation and duty to pay child support; (b) Acknowledged his paternity of the child in a sworn statement; (c) Consented to be named as the child’s biological father on the child’s birth certificate; (d) Voluntarily promised in writing to support the child and was required to support the child based on that promise; (e) Received written notice from any state agency or any court directing him to submit to scientific testing which he disregarded; or (f) Signed a voluntary acknowledgment of paternity as provided in s. 742.10 (4). (4) In the event the petitioner fails to make the requisite showing required by this section, the court shall deny the petition. (5) In the event relief is granted pursuant to this section, relief shall be limited to the issues of prospective child support payments and termination of parental rights, custody, and visitation rights. The male’s previous status as father continues to be in existence until the order granting relief is rendered. All previous lawful actions taken based on reliance on that status are confirmed retroactively but not prospectively. This section shall not be construed to create a cause of action to recover child support that was previously paid. (6) The duty to pay child support and other legal obligations for the child shall not be suspended while the petition is pending except for good cause shown. However, the court may order the child support to be held in the registry of the court until final determination of paternity has been made. (7) (a) In an action brought pursuant to this section, if the scientific test results submitted in accordance with paragraph (1) (b) are provided solely by the male ordered to pay child support, the court on its own motion may, and on the petition of any party shall, order the child and the male ordered to pay child support to submit to applicable scientific tests. The court shall provide that such scientific testing be done no more than 30 days after the court issues its order. (b) If the male ordered to pay child support willfully fails to submit to scientific testing or if the mother or legal guardian or custodian of the child willfully fails to submit the child for testing, the court shall issue an order determining the relief on the petition against the party so failing to submit to scientific testing. If a party shows good cause for failing to submit to testing, such failure shall not be considered willful. Nothing in this paragraph shall prevent the child from reestablishing paternity under s. 742.10. (c) The party requesting applicable scientific testing shall pay any fees charged for the tests. If the custodian of the child is receiving services from an administrative agency in its role as an agency providing enforcement of child support orders, that agency shall pay the cost of the testing if it requests the test and may seek reimbursement for the fees from the person against whom the court assesses the costs of the action. (8) If the relief on a petition filed in accordance with this section is granted, the clerk of the court shall, within 30 days following final disposition, forward to the Office of Vital Statistics of the Department of Health a certified copy of the court order or a report of the proceedings upon a form to be furnished by the department, together with sufficient information to identify the original birth certificate and to enable the department to prepare a new birth certificate. Upon receipt of the certified copy or the report, the department shall prepare and file a new birth certificate that deletes the name of the male ordered to pay child support as the father of the child. The certificate shall bear the same file number as the original birth certificate. All other items not affected by the order setting aside a determination of paternity shall be copied as on the original certificate, including the date of registration and filing. If the child was born in a state other than Florida, the clerk shall send a copy of the report or decree to the appropriate birth registration authority of the state where the child was born. If the relief on a petition filed in accordance with this section is granted and the mother or legal guardian or custodian requests that the court change the child’s surname, the court may change the child’s surname. If the child is a minor, the court shall consider whether it is in the child’s best interests to grant the request to change the child’s surname. (9) The rendition of an order granting a petition filed pursuant to this section shall not affect the legitimacy of a child born during a lawful marriage. (10) If relief on a petition filed in accordance with this section is not granted, the court shall assess the costs of the action and attorney’s fees against the petitioner. (11) Nothing in this section precludes an individual from seeking relief from a final judgment, decree, order, or proceeding pursuant to Rule 1.540, Florida Rules of Civil Procedure, or from challenging a paternity determination pursuant to s. 742.10 (4). Previous section Next section Chapter 742 Contents  Who Pays When Filing for Divorce in Texas? Divorce is the legal recognition that your marriage is over. In Texas, the person who files for divorce is typically the one responsible for paying the filing fee to start the divorce case. The amount that you must pay to file for divorce in Texas depends on the county in which you file, whether you and your spouse have children, and your financial situation. Where to File If you wish to file for divorce in Texas, you must determine the appropriate county in which to file your divorce case. To file for divorce in the state of Texas, you or your spouse must have lived in Texas for at least six months. File in the county where either you or your spouse have lived for at least 90 days. If you and your spouse live in different counties but you both fulfill the 90 day requirement, you can file for divorce in whichever county is more convenient for you. Divorce is never easy, but we can help. Learn More Filing Fees The divorce filing fee must be presented to the District Court Clerk at the time you file for divorce, or County Court Clerk if the county court handles divorce cases in your area. Each county in Texas sets its own filing fees. There are two different divorce packets in Texas: one for a married couple with children and one for married couples without children, and these might require different fees. For example, in Bexar County, the filing fee for divorce without children as of 2012 is $253, and if you do have children, the fee is $304. By contrast, the filing fees for divorce in Dallas County are $260 if you do not have children and $311 if you do. Affidavit of Inability to Pay If you are having a hard time paying the divorce filing fees in your county, you may qualify for an exemption by completing an Affidavit of Inability to Pay. The Affidavit of Inability to Pay is a court form that you complete that lists your sources of income, your dependents, your property and your monthly bills. To qualify, you must be able to show the court that you do not have any extra income to afford the filing fee. If you have little income each month but own expensive assets, such as a sports car, the court may not be swayed that your filing fees constitute a real hardship. The affidavit must be notarized before you submit the form to the judge. File the form with the District Court Clerk in your county and the form will be presented to a judge for approval. If your affidavit is approved, you do not have to pay any court fees associated with your divorce case. Legal Aid in Texas You can file for divorce without the assistance of an attorney in Texas. However, if you cannot afford legal representation and require legal assistance, you have some options. For example, you may contact the Legal Aid office in your county or visit the court’s self-help center. Divorce is never easy, but we can help. Learn More How to File for Hardship for Divorce Fees in Massachusetts References Resources Related articles What If I Am Unable to Pay for a Bankruptcy Lawyer? If you're considering bankruptcy, not being able to afford to hire an attorney can add to the anxiety you already feel. However, the law allows individuals to file Chapter 7 and Chapter 13 bankruptcy petitions without using an attorney. Nonetheless, you may want to seek help in filing your petition, because bankruptcy laws are complex. Local organizations may offer free or low-cost assistance; a legal document service is another possible resource. Filing Divorce Papers in North Carolina Without Paying Court Costs Filing for divorce can be expensive, forcing you to stay in an unhappy marriage if money is tight. However, if you cannot afford to pay the filing fee associated with filing for divorce in North Carolina, you can ask the court to waive the fees based upon your financial situation. Unfortunately, obtaining a waiver of the filing fee does not relieve you of the cost of any legal assistance you may require. How to File For a Non-Contested, No Children Divorce in Alabama Non-contested divorce, commonly referred to as an uncontested divorce, does not depend on whether you have children. However, if you don’t have children, this can expedite the process. In Alabama, an uncontested divorce means you and your spouse agree on how to settle all issues to end your marriage. If you don’t have children, custody terms and child support are two less things you have to negotiate.  Child Support â Texas Child Support – Texas By Earl N Jackson Dallas, Texas Board Certified Texas Board of Legal Specialization 214-369-7100Child Support is about sharing the costs of raising a child. Texas has promulgated Section 154.125 of the Texas Family Code to set forth guidelines of varying percentages of net resources to be paid as child support depending upon the number of children. It is a rebuttable presumption that child support based upon the guidelines is in the child’s best interest. Somebody is going to pay child support. There is really no way of getting out of it. If you are the “nonprimary” then you will financially support your child and provide health insurance in almost all cases. Yes, this includes those circumstances where the child was produced as a result of a “one night stand.” Doesn’t matter how long the relationship was or the commitment of that relationship, a child was produced and support will be paid. Daddy met Momma at the pub, a child was produced then someone will pay. Note, The father has the right to request a DNA test to make sure that it is his child prior to being ordered to pay child support. Lifestyle has nothing to do with child support. The child may be involved in horseback riding, tennis, golf tour, etc., but that doesn’t have anything to do with the calculation. If you are under a duty to support a child not of the relationship which is at issue before the court (a child not before the court), then the obligor is entitled to a credit. If both parents are the primary for siblings (that is one parent may have one child and the other parent may have that child’s brother or sister), the calculation for child support is outside of the discussion below. The “Obligor” is the person paying child support, the “Obligee” is the person receiving child support. Child Support Guidelines This is a mouthful: The Texas Child Support Guidelines presumptively set out percentage based child support obligations which depends upon the number of children which are before the court together with a credit if the Obligor has a duty to support other children. Let’s put it another way: Texas Child Support is based upon percentages of net resources (“net resources” discussed below). The guideline percentage is multiplied against your net income for a child support amount. Net income for child support purposes is specifically defined as “net resources.”If one child before the court, then 20% of net resources. If two children before the court, then 25% of net resources. If three children before the court, then 30% of net resources. Assume you have two children by two different mothers. Only one child is before the court. Since you are under a duty to support the second child, you get a credit as to your child support obligation to the first child. Guidelines apply when the obligor’s (the person paying child support) net resources are $7,500.00 per month or less. If net resources are greater than $7,500.00 per month, the court will presumptively apply the percentage guidelines to the first $7,500 of net resources without any deductions. For example, for a single child the child support is $1,500.00 (.20 x $7,500.00 = $1,500.00), for two children – $1,875.00 (.25 x $7,500.00 = $1,875.00), for three children $2,250.00, etc. In Texas, this is maximized child support. Number of Children Before the Court. Number of Children Not Beforethe Court.0 1 2 3 4 5 60 20% 25% 30% 35% 40% 40%1 17.50% 22.50% 27.38% 32.20% 37.33% 37.71%2 16.00% 20.63% 25.20% 30.33% 35.43% 36.00%3 14.75% 19.00% 24.00% 29.00% 34.00% 34.67%4 13.60% 18.33% 23.14% 28.00% 32.89% 33.60%5 13.33% 17.86% 22.50% 27.22% 32.00% 32.73%6 13.14% 17.50% 22.00% 26.60% 31.27% 32.00%The top row across represents the number of children which are before the Court. The left-most row addresses children who are not before the Court but are a child (ren) of a previous relationship that the obligor has a duty to support. In order to use the table effectively, assume one child of the marriage and no children from a previous relationship as to either party. In this example, guideline support is 20% of net resources as to the obligor (person paying support). Another example, assume two children from a previous relationship and two children from the current marriage. Guidelines indicate that the obligor should pay 20.63 of net resources for child support. The reduction is in place because the obligor has a duty to support children from each relationship. Although the Texas Family Code provides guidelines that are presumed to be in the child’s best interest, it is possible to rebut the presumption. Several factors that the courts may consider in deciding to vary from the guidelines include, the needs of the children, the ability of the party to pay child support, and the debts the paying parent is assuming. Further, if a parent is having to travel long distances in order to exercise visitation, the cost of travel (gasoline, airfare, hotel expense) are factors that may support a variance from the child support guidelines. In addition, if a paying parent is supporting a child through college, this factor may also call for a reduction in child support. Child Support Net Resources Child support guidelines base their percentages on “net resources.” Net resources include more than just salary but also includes money earned in the form of commissions, overtime pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits, and gifts. Deducted from gross “resources” are any amounts paid for social security taxes, federal income taxes (based on the tax rate for a single person claiming one personal exemption and the standard deduction), union dues, and any expenses that he obligor pays for the children’s health insurance. These amounts are deducted from an obligor’s resources to determine net resources for applying the child support guidelines. Needs of the Child The Texas Family Code does not define “needs of the child.” The term, however, includes more than just “bare necessities.” To justify child support in excess of the percentage guidelines, evidence of a child’s special needs are required. The Texas Supreme Court has had a difficult time with defining special needs. In order to justify child support greater than the child support guidelines, proof that the children’s needs have increased or are greater than the “average child” include special education, advanced education, extracurricular activities (debate club, scouts, sports), and clothing. In Giangrosso, 840 S. W.2d 769, the father testified that the child had become more expensive to care for and support because the child was growing and involved in more sporting activities. The court held, “this testimony alone could serve as evidence that the child’s situation has so substantially changed as to warrant an increase in child support obligations.” In Scott 926 S. W.2d 415, the mother testified to actual costs associated with meeting the child’s needs and estimated costs associated with items the mother believed would benefit the child but she could not afford. She went on to testify to other items relevant to the child special needs. The appellate court stated, “the law does not require a movant (the mother in this case) seeking child support modification to go this far . . . the child’s mother is in the best position, as managing conservator, to explain the needs of the child. The proper calculation of a child support order that exceeds the presumptive amount for the first $7,500.00 requires that the entire amount of the presumptive award be subtracted from the proven needs of the child. The remainder is then allocated between the parties. Take an example, for one child, the presumptive amount of child support is $1,500 based upon net resources of $7,500.00 or greater. Assume hypothetically, that the total special proven needs of the child is $2,500.00. Subtract the $1,500 from the $2,500 for a remainder of $1,000.00. This $1,000.00 is the excess child support that shall be allocated between the parties. The court does not have to order the obligor to pay the $1,000.00 but may order him or her to pay only a portion of that $1,000.00 — allocation between the parties. Note — lifestyle choices are not special proven needs of a child. Retroactive Child Support The court may order retroactive child support. That is, order an obligor to pay child support that should have been paid in the past but was not paid. Turn to Chapter 154.131 of the Texas Family Code. In considering the order of retroactive child support, the court shall consider the net resources of the obligor during the relevant time period and whetherthe mother of the child had made any previous attempts to notify the obligor of his paternity or probable paternity;the obligor, Dad, had knowledge of his paternity;the order of retroactive child support will impose any hardship upon the obligor or his family andhas the obligor provided any actual support. It is presumed that retroactive support should be limited to the past four years from the date of the filing of the petition for paternity. This presumption can be overcome by a showing ofthat the obligor knew or should have known that he was the father of the child; orsought to avoid the establishment of the child support obligation (Dad hid out – they will find you). Application of Guidelines to Children of Disabled Obligors If an obligor has a disability and is receiving social security disability income and is required to pay child support, the child support calculation shall be calculated by applying the guideline child support to the disability income of the obligor and subtracting the amount of benefits or the value of benefits paid to or for the child as a result of the obligors disability. Application of Guidelines to Children of Obligors Who Receive Social Security If an obligor is receiving social security old age benefits and is required to pay child support for a child who receives benefits as a result of the obligor’s receipt of social security, the court shall apply the guidelines to the social security income and subtract from it the total amount of benefits or the value of benefits paid to or for the child as a result of the obligor’s old age social security. Court-Ordered Child Support for a Disabled Child A child support order for a disabled child can be indefinite – ages 19, 24, 25, etc. There is no cut off for graduation from high-school or 18th birthday. In order to obtain disabled child support, the child must suffer from a mental or physical disability that has rendered the child incapable of self support and requires substantial care and personal supervision. The disability or the cause of the disability must be know to exist before the child’s 18th birthday. If these requirements are met, then a suit for disabled child support may be filed at any time regardless of age as an independent cause of action. In determining the amount of support, the court shall consider any existing or future needs of the child, whether the parent pays for or will pay for the care or supervision of the adult child; the financial resources available to both parents, and any other financial resources available for the support, care and supervision of the child. Support Paid in Excess of a Support Order If an obligor is not in arrears on his or her child support obligation and the child support obligation has terminated (child is 18 and graduated high-school), the obligee is duty bound to return to the obligor any child support payment or payments that exceeds the amount of support ordered. If the obligee fails to do this, he or she can be sued and the obligor is entitled to recover his or her attorney’s fees in the collection of the over payment. If an child support payment is received from an obligor who is not in arrears and the child support order is still operating, the agency (Attorney General) shall give effect to the expressed intent of the obligor and if there is no expressed intent, the agency shall then credit the excess amount to the obligor’s future child support obligation. So, if you overpaid your current child support order, the overpayment should be applied to your future obligation. Child Support Separation Rule Think about this – the parties divorced and a child support order was initiated. The parties then remarried – this terminates the child support order. The parties then separate – they didn’t learn the first time around. A court can order retroactive child support back to the date of the separation. Child Support is Continued to be Paid After the Death of the Obligee If the obligee dies, the child support is to continue to be paid. It is to be paid proportionately for the benefit of each surviving child named in the support order and NOT THE ESTATE OF THE OBLIGEE. The payment is free of any creditor claim – a creditor cannot execute against the payment. The payment shall be made to any person who has assumed actual care of the child – including he obligor, a managing conservator of the child; a guardian of the child if one has been appointed; or the county clerk in the name of and for the account of the child. On presentation of the obligee’s death certificate, the court shall render an order directing the payment of the child support. Termination of Child Support Child support will terminate on the marriage of the child. If the child subsequently divorces the child support remains terminated – the child is emancipated. If the marriage is annulled, the child support picks up again. An annulment is like no marriage at all. Child support will terminate if the child’s disabilities (minority) are removed for general purposes. Child support will terminate on the death of the child or on the death of the obligor. As to the obligor, this is what the statute says at 154.006. However, Fanning v. Fanning, 828 S. W.2d 135 – a 1992 Waco Court of Appeals case states that the statute impliedly authorizes the court to make provision for child support as an obligation of the obligor’s estate. You see an express provision in this regard in decrees of divorce – that the obligation survives the death of the obligor. Also note, that many decrees requires the obligor to carry life insurance to secure payment of the child support obligation. Child support will terminate at the 18th birthday of the child if the child is not enrolled in high-school. If the child is enrolled, then it will terminate upon graduation of the child. Child support terminates on the marriage or remarriage of the obligor and obligee. This means — if the obligor and obligee marry one another or remarry one another then the child support terminates. If the obligee marries someone else, or if the obligor marries someone else – the child support does not terminate. Uniform Interstate Family Support Act The Uniform Interstate Family Support Act is about issuing a child support order or collecting on a child support order where the parties reside in different states. Typically, we see this arise out of momma’s move to another state and is not married to the father of the child. She then contacts that state’s Attorney General to collect child support from the father that has remained in Texas. Mom’s state then initiates a paternity/child support action. Texas becomes the responding state. The confusion that arises out of the UIFSA (Uniform Interstate Family Support Act) arises out of the concepts of initiating state, responding state, personal jurisdiction, and modification of the If Mom lives in Texas and no support order has been issued, then Texas may serve as an initiating state. Conversely, if no support order has been issued and the Respondent resides in Texas, a Texas Court may serve as a responding state. A Texas Court may issue a support order if the individual requesting the order resides in another state or if the support enforcement agency seeking the order is located in the other state. This creates that two-state action to establish a support order. Jurisdiction over the nonresident. A court must have jurisdiction to enter an order. Without jurisdiction, a court can do nothing. Under the Family Support Act, a court of this state may exercise jurisdiction over a nonresident if The individual is personally served in this state. The individual “submits” to the jurisdiction – files some responsive pleading. The individual resided in this state with the child. The individual resided in this state and provided prenatal expenses or support for the child. The child resides in this state as a result of acts or directives of the individual. The individual engaged in sexual intercourse in this state and the child was conceived by that act in this state. The individual asserted parentage in the paternity registry. There is a basis for jurisdiction under the constitution – the Respondent has “minimal contacts” with the State of Texas wherein he has availed himself of the privileges, powers and protections of the State of Texas. If anyone of the above factors are met, Texas may then exercise jurisdiction over the Respondent. This provision allows Texas to bring Dad into its’ courts. If Dad resides in this state and mom is in another state, the other state can exercise jurisdiction over dad if one of the above factors are met because the other state has jurisdiction over dad. The uniform act has been passed in almost every state. However, if the initiating state has no jurisdiction over Dad then the initiating state must send its child support action to this state – the responding state. This is because the other state had no jurisdiction over Dad but Texas does. Texas can now go after the paternity child support order. Enforcement of an Out of State Support Order: If the other state has issued a support order, this order may be enforced by sending a wage withholding order directly to the obligors employer or by registration of the foreign states order in Texas. Registration of a support order allows for specific enforcement remedies – contempt. Modification of the foreign states support order: A Texas court cannot modify another state’s support order unless the child, the obligee and the obligor do not reside in the issuing state (everybody moved); the petitioner who is a nonresident of this state seeks modification and Texas has jurisdiction over the Respondent. Alternatively, if Texas is the residence of the child or a party and all parties have filed a consent (they all agree) for modification in the issuing state then Texas may modify the order. If all the parties reside in Texas and the child does not reside in the issuing state, a court of this state has jurisdiction to enforce and to modify the issuing state’s child support order in a proceeding to register that order. A notice to the issuing state of modification must be filed within 30 days in all courts where the original order was registered. 