
You Gotta Pitch In: Child Support
Financial responsibilities regarding the child are divided between the parents at divorce. The non-primary conservator (usually the dad) is responsible to feed, clothe and house the child only when they have possession of the child. The primary conservator (usually the mom) has primary responsibility to feed, clothe and house the child at all other times. If the child has financial needs beyond those, they usually will be the responsibility of the primary conservator to pay for them (costs for extracurricular activities, school books, etc.).
The financial obligations of the non-primary conservator (i.e. child support) are:
That's it.
The parents can agree in the decree that no one has to pay child support. However, keep in mind that many judges will question this arrangement and ask you why you think this is in the best interest of the child (for example, where the primary conservator makes a lot more money than the non-primary conservator). The court may order child support anyway, even if the parties don’t think it is necessary. If you are the primary (the child lives with you by default) you may wish you had that extra money in the future in order to help your child.
Also remember that child support can be adjusted a number of times after the divorce, even if initially the parties agreed to no child support. The primary conservator can come back to court and explain why they need to start child support now, and the court may order it. Also, child support can be increased (or decreased) by the court (upon request by one of the parties) based on changes in the income of the person paying the support.
Also note that the person paying child support has absolutely no control over how the other parent uses that money and the Texas courts have ruled that the paying spouse has no right to find out how it is used, either. By the same token, the parent receiving child support can use the money however they see fit and they do not have to explain how it was used to the other parent.
What are my rights in divorce/family court? Before you call a lawyer, download our free 'Texas Divorce & Family Law Guide' from Austin Divorce Lawyer and Texas Family Law Attorney David Todd. Learn how to avoid common mistakes and protect your rights. Download your free copy now and contact us to arrange a consultation about your case.
Visit our website's homepage at www.davidtoddlaw.com.
David Todd
Attorney at Law
The Todd Law Firm, PLLC
812 San Antonio Street, Suite 401
Austin, Texas 78701
The Todd Law Firm, PLLC
812 San Antonio Street
Suite 401
Austin, Texas 78701
Phone: 512-472-7799
Fax: 512-472-7798
Get Directions