The Child Support Texas form is a legal document that outlines the obligations of a parent to provide financial support for their children. It specifies who must pay child support, how much is to be paid, and the circumstances under which these payments may end. Understanding this form is crucial for ensuring that children receive the support they need and that parents comply with their legal responsibilities.
The Child Support Texas form is a crucial legal document that outlines the obligations of parents regarding financial support for their children. It designates the person responsible for making payments, known as the Obligor, and specifies the amount to be paid, which can vary based on the number of children involved. Importantly, the form details the events that can terminate child support obligations, such as the child reaching the age of 18, getting married, or being emancipated. For single or multiple children, the form provides clear instructions on how to fill in the appropriate support amounts and payment schedules. It also establishes the recipient of the support, referred to as the Obligee, and mandates that payments be directed to the Texas Child Support State Disbursement Unit. This ensures that funds are managed and distributed according to legal requirements. Additionally, the form addresses issues like income withholding, the consequences of failing to comply with the order, and the need for parties to notify each other and the court of any changes in personal information. By understanding the components of this form, parents can navigate their responsibilities and rights more effectively.
Exhibit: Child Support Order
1.Person Ordered to Pay Child Support (Obligor)
IT IS ORDERED that ___________________________________________ is the Obligor, the person
(Name of person to pay support)
ordered to pay child support for the children listed in the Decree or Order, and that he or she is obligated to and shall pay child support in the amount and manner described below, until one of the following events that terminate child support occurs for each child.
2. Events that Terminate Child Support
(See Texas Family Code Sections 154.006 and 154.002.)
The obligation to pay child support for a child terminates when:
The child turns 18, unless when the child turns 18 he or she is enrolled and complying with attendance requirements in a secondary school program leading toward a high school diploma or enrolled in courses for joint high school and junior college credit then child support terminates at the end of the month in which the child graduates. -or-
The child marries, dies, or is emancipated by court order. -or-
The child begins active duty in the United States armed forces. -or-
A court terminates the parent-child relationship between the man ordered to pay child support and the child based on genetic testing that determines the man is not the child’s father. -or-
The person ordered to pay child support and the person ordered to receive child support marry or remarry each other, unless a nonparent or agency has been appointed conservator of the child.
3.Child Support Amount Ordered
If there is only one child who will receive support, fill out 3a below and cross out 3b.
If there is more than one child who will receive support, fill out 3b below and cross out 3a.
3a. For a Single Child Write in the child support amount for the single child on the line below.
There is ONLY ONE child for whom child support is ordered in this Order. The person ordered to pay child support is ORDERED to pay:
$ __________
child support per month. The 1st payment is due on the 1st day of the 1st month
after this order is signed by the Court. A like payment is due on the 1st day of
each month after that until child support terminates for the child. Support for the
child terminates when one of the events listed in section 2 “Events that Terminate
Child Support” occurs.
3b. For Multiple Children Write in the total child support amount for all of the children on the 1st line below. On each additional line, write in the child support amount for one less child. Note: Child support based on the guidelines set out in Texas Family Code Chapter 154, Subchapter C decreases each time child support terminates for one of the children.
There is MORE THAN ONE child for whom child support is ordered. The person ordered to pay child support is ORDERED to pay:
each month after that until child support terminates for one child.
After that, the person ordered to pay child support is ORDERED to pay:
after child support terminates for one child. A like payment is due on the 1st day
of each month after that until child support terminates for a second child.
© TexasLawHelp.org, Exhibit Child Support July 2012
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Texas Family Code, Chapter 154
after child support terminates for a second child. A like payment is due on the 1st
day of each month after that until child support terminates for a third child.
after child support terminates for a third child. A like payment is due on the 1st
day of each month after that until child support terminates for a fourth child.
after child support terminates for a fourth child. A like payment is due on the 1st
day of each month after that until child support terminates for a fifth child.
4.Person Ordered to Receive Child Support (Obligee)
IT IS ORDERED that child support is payable to ________________________________________,
(Name of person to receive child support)
but must be sent to the place of payment listed below.
5.Place of Payment
The person ordered to pay child support is ORDERED to send all child support payments to the Texas Child Support State Disbursement Unit, PO Box 659791, San Antonio, TX 78265, for distribution according to law.
Include the following information with each payment:
Name of person ordered to pay child support, and
Name of person ordered to receive child support, and
Cause Number and County of Decree or Order, and
Attorney General Case Number, if applicable.
6.No Credit for Informal Payments
IT IS ORDERED that money paid by the person ordered to pay child support directly to the person ordered to receive child support or spent while in possession of the children does NOT count as child support and shall be deemed in addition to and not instead of the support ordered in this order.
7.Guideline or Non-Guideline Support
Check Guideline Support if the child support amount or amounts listed are based on the guidelines set out in Texas Family Code, Chapter 154, Subchapter C.
Check and complete Non-Guideline Support, if the child support amount or amounts listed are not based on the statutory guidelines.
Guideline Support: The amount of child support is approximately the amount recommended in the Texas Family Code Guidelines, Chapter 154.
Non-Guideline Support: The amount of child support differs significantly from the amount recommended in the Texas Family Code Guidelines, Chapter 154. The court finds that guideline support would be unjust or inappropriate under the circumstances because (explain):
_________________________________________________________________________________________
The net monthly income (from all sources) of the person paying child support is $ ______________. The net monthly income (from all sources) of the person receiving child support is $ ____________.
Actual monthly child support is $_______________, which is_______ % of the paying person’s net monthly income.
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8.Child Support Account / Fees Each party is ORDERED to:
Fill out any forms necessary to set up a child support account, and
Take the forms to the local Domestic Relations Office or county child support liaison within 5 days after the judge orders child support, and
Pay when due, all fees charged to that party by the state disbursement unit and any other agency authorized by law to a charge a fee.
9.Income Withholding
IT IS ORDERED that any employer of the person ordered to pay child support is ordered to withhold child support from the person’s disposable earnings.
If an income withholding for support order is served on the employer of the person ordered to pay child support, the employer shall withhold child support payments from the employee’s pay, and send it to the Texas Child Support State Disbursement Unit, PO Box 659791, San Antonio, TX 78265, where the payments shall be recorded, and forwarded to the person ordered to receive child support. All child support withheld and paid in accordance with this order shall be credited against the child support obligation.
If the employer withholds less than 100% of the child support ordered, the person ordered to pay child support is ORDERED to send the balance owed to the Texas Child Support State Disbursement Unit, PO Box 659791, San Antonio, TX 78265.
If an income withholding for support order is not served on the employer, or if the person paying child support is self-employed or unemployed, the person ordered to pay child support is ORDERED to send all child support payments to the Texas Child Support State Disbursement Unit, PO Box 659791, San Antonio, TX 78265.
IT IS ORDERED that the Clerk of this Court shall cause a certified copy of the income withholding for support order to be delivered to any employer of the person ordered to pay child support, if asked to do so by the person ordered to pay or receive child support, a prosecuting attorney, the title IV-D agency, a friend of the Court, or a domestic relations office.
10.Suspension of Income Withholding
Check here if all parties agree not to have the employer withhold child support payments at this time.
The parties agree, and the Court ORDERS that an income withholding for support order shall not be served on the employer unless: 1) child support payments are more than 30 days late, 2) the past due amount is the same or more than the monthly child support amount, 3) another violation of this child support order occurs or 4) the Office of the Attorney General Child Support Division is providing services to the person ordered to receive child support. The person ordered to pay child support is ORDERED to send all child support payments to the Texas Child Support State Disbursement Unit, PO Box 659791, San Antonio, TX 78265, where the payment will be recorded, and forwarded to the person ordered to receive child support.
11.Child Support After Death
If the person ordered to pay child support dies before this child support order ends, any unpaid child support shall become the obligation of his or her estate.
12.Life Insurance Policy
Check here if the person ordered to pay child support should also be ordered to maintain a life insurance policy for as long as child support is ordered.
As additional child support, the person paying child support under this order is ORDERED to obtain and maintain a life insurance policy on his or her life for as long as child support is ordered. The value of the policy shall be at least as much as the total child support obligation. The person receiving child support under this order must be named as the primary beneficiary for the benefit of the children.
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13.Required Notices
EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY EVERY OTHER PARTY, THE COURT, AND THE STATE CHILD SUPPORT REGISTRY OF ANY CHANGE IN THE PARTY’S:
CURRENT RESIDENCE ADDRESS,
MAILING ADDRESS,
HOME TELEPHONE NUMBER,
NAME OF EMPLOYER,
ADDRESS OF EMPLOYMENT,
DRIVER’S LICENSE NUMBER, AND
WORK TELEPHONE NUMBER.
THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED INFORMATION TO THE OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO GIVE NOTICE OF THE CHANGE TO PROVIDE 60-DAYS NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE 5TH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE.
THE DUTY TO FURNISH THIS INFORMATION TO EVERY OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE EVERY OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS.
Notice shall be given to every other party by delivering a copy of the notice to each party by registered or certified mail, return receipt requested.
Notice shall be given to the Court by delivering a copy of the notice either in person to the clerk of the Court or by registered or certified mail addressed to the clerk.
Notice shall be given to the State Case Registry by mailing a copy of the notice to the State Case Registry, Contract Services Section, MC046S, P.O. Box 12017, Austin, Texas 78711-2017.
14.WARNINGS TO PARTIES
FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION TO ENFORCE THIS ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS.
FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE PARTY’S NOT RECEIVING CREDIT FOR MAKING THE PAYMENT.
FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD SUPPORT TO THAT PARTY.
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