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Articles Posted in Child Support

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Child Interviews and Extracurricular-Activity Expenses in Texas Custody Case

Tex. Fam. Code § 153.009(a) requires the court in a Texas custody case to interview a child who is at least 12 years old to determine their wishes regarding custody, “on the application of a party. . . “ A father recently challenged a court’s failure to interview the children…

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Addressing an Error in a Texas Child-Support Mediated Settlement Agreement

Parties to a Texas suit affecting the parent-child relationship may enter into a mediated settlement agreement (“MSA”) to resolve one or more issues in their suit.  An MSA is binding if it prominently states in bold or underlined font or in capital letters that it is not subject to revocation,…

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Father May Challenge Amount of Arrearages in Decades-Old Texas Child Support Case

Sometimes Texas child-support disputes can continue well past the child’s eighteenth birthday.  A Texas appeals court recently decided a case regarding back child support for children who were in their 50s. This case dealt with a writ of income withholding and child-support liens.  Pursuant to Tex. Fam. Code § §…

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Employer-Paid Insurance Premiums Are Not Net Resources for Texas Child-Support Calculation

When a court determines the amount of Texas child support a parent is obligated to pay, it must consider that parent’s net resources.  The statute sets forth certain items to be included in the parent’s net resources and other items that are not to be included.  Tex. Fam. Code §…

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Texas Court Denies Child-Support Modification upon Finding of Underemployment

In determining the Texas child-support obligation of a parent, the court may consider whether that parent is intentionally unemployed or underemployed.  If the court finds the parent is intentionally unemployed or underemployed, it may apply the support guidelines to that parent’s earning potential, rather than to their actual earnings.  Tex.…

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Texas Child Support Guidelines and Child Support Modification

The trial court has some discretion in determining the modified amount of child support when it has determined that a Texas child support order should be modified. Tex. Fam. Code § 154.125 provides a schedule of percentages that are presumptively applied when the parent’s net monthly resources do not exceed…

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Texas Appeals Court Affirms Lump Sum Disability Payment Credited to Future Child Support

Texas family law considers Social Security disability benefits to be a substitute for the parent’s earnings. Pursuant to Tex. Fam. Code § 157.009, when a child receives a lump-sum payment due to the parent’s disability, the parent is entitled to a credit applied to any arrearage and interest. Additionally, when…

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Successor Judge Had Authority to Reform Judgment in Texas Parental Adjudication Case

The trial court in a Texas family law case has only a limited ability to change its judgment once its plenary power expires.  Generally, plenary power lasts for thirty days from the date the final judgment is signed, but it may be extended if the court overrules certain motions or…

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Texas Appeals Court Upholds Finding Father Was Intentionally Unemployed or Underemployed

If a parent in a Texas child-support case is intentionally unemployed or underemployed resulting in an income significantly less than what they could earn, the court may calculate child support based on their earning potential. Tex. Fam. Code § 154.066(a).  The other parent has the burden of showing that the…

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Texas Appeals Court Finds No Judicial Admission in Conditional Pleading for Custody Modification

Generally, there must be a material and substantial change in circumstances to justify a modification of a Texas custody order. An appeals court recently considered whether a father judicially admitted the existence of a material and substantial change when he objected to the modification sought by the mother, but petitioned,…

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