The Texas Family Code provides guidelines for the support of Texas children in cases of divorce and in paternity actions.  Both the emotional and financial support of children is paramount in Texas Family Law and is referred to as the "best interest" of the child under Texas Law.  This is true whether mom and dad were ever married.

The Court acts as a guardian of a child's "best interest" after the child is under the jurisdiction of the Court in a divorce or paternity action.  The Court will refer to the guidelines of the Texas Family Code when determining the proper financial support a parent must provide for a child.  

Child Support in Divorce Cases

In a Texas divorce case this determination is made early on, usually in a Temporary Orders hearing which determines how the child will be supported, and provided for, while the divorce action is pending with the Court.  The parent with whom the child does not live with the majority of the time (noncustodial parent) will be responsible for child support payments.  In most cases the Court assigns a specific dollar amount that the non-custodial parent must pay to the parent (primary conservator) which the child lives with while the divorce is pending, for the support of the child.  This amount is determined by the income, or earning potential, of the non-custodial parent and the special needs of the child, if any exist.  Once the determination is made, the Court will issue a Temporary Order requiring child support payments.

When the divorce case is no longer pending with the Court, as the result of a final trial or agreement, the Court will make a Final Order which includes support to be paid by the non-custodial parent.  It should be noted that the primary conservator may be one parent after the Temporary Hearing and change to the other parent at the end of the case. In either event, the support obligation will be assigned to whomever the non-custodial parent is after the case is finalized.

Regardless of the whether the obligation is for a temporary basis or after a Final Order, the obligation is an Order of the Court and must be followed.  

Child Support Enforcement

Unfortunately, there are many cases in which the Court's orders are not followed and the non-custodial parent does not provide for the child as set out in the Order of the Court. In these situations it is necessary to return to Court to request that the Judge force the non-custodial parent to pay the support.

If you are a primary conservator of a child under a Texas Order, and the non-custodial parent is not paying support you are owed, we can help.  Our office can help you petition the Court for enforcement of the Order.  Contact our office to see how we may be able to help you get the money you are deserved.