Free Texas Family Law FAQs | Free Texas Family Law Legal Documents

Can A Parent Take Custody Of The Child Instead Of Making Child Support Payments?

Wed, 19 Mar 2008 19:59:45 GMT

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. A change in physical custody does not end the child support order. To do so, the new custodial parent must go to court to have legal custody changed. This will end the previous child support order, although any money owed to the former custodial parent must be paid, and establish a new order for the new custodial and noncustodial parents. Federal regulations do not allow the Office of the Attorney General to provide services for custody or visitation disputes. The Attorney General encourages mediation of these issues, and most cases are resolved by agreement. In the rare case where custody and/or visitation are seriously contested, the Office of the Attorney General encourages each parent to hire a private attorney. If you cannot afford a lawyer, you may be eligible for federally funded legal assistance. Look in the phone book under Legal Aid or Legal Services. Sometimes the court will appoint a lawyer for the child. 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.

Can A Private Child Support Collection Agency Process My Case Faster?

Wed, 19 Mar 2008 20:50:50 GMT

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 generally handle only cases with established paternity and existing court child support orders. The Office of the Attorney General is required to provide child support services to all families who apply for our services and to all families receiving Temporary Assistance to Needy Families (TANF). Moreover, the Child Support Division provides the full range of child support services. The Division`s caseload is very large much larger than that of any private collection agency. A private agency may therefore be able to process some cases more quickly. This factor must be balanced against the fact that the private agencies may charge contingency fees for money collected.

Can Any Other Agency Handle Child Support Enforcement Cases?

Wed, 19 Mar 2008 20:25:17 GMT

In Texas, countyoperated domestic relations or child support offices, private attorneys and private collection agencies also provide some child support enforcement services. Private agencies do charge for their services. Private child support collection agencies usually charge a contingency fee that is a percentage of money collected from the noncustodial parent. Contingency fees frequently range from 15% to 34% depending on the level of services provided. Private attorneys involved in child support cases may charge a contingency fee or on an hourly basis. If you use the services of a private child support collection agency, be sure that you fully understand any contract that you sign. If you receive free child support services from the Child Support Division and these services result in your collecting money from a noncustodial parent, your contract with a private agency may obligate you to pay the private agency a portion of the collected money.

Do Unmarried Parents Need To Establish Paternity If They Stay Together?

Tue, 18 Mar 2008 21:24:47 GMT

Yes. Even if the parents stay together, the father could become disabled or die. In most cases, children born to unmarried parents can be assured of receiving certain benefits only if paternity has been established. If paternity has been established, your child 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. Without paternity, there is no provision for the possibility that the parents might separate in the future. If unmarried parents do separate and paternity has not been established, every member of the family is at risk, regardless of who takes the child. If the mother takes the child, she cannot get an order for child support without first establishing paternity, and the father has no standing to seek custody or visitation. If the father keeps the children, it is more difficult for him to obtain certain benefits if he is not the legal father. Children who are supported by only one parent often do not have enough money for even basic needs. Your child is entitled to financial support and other resources from both parents. Your child`s doctor needs to know whether he or she has inherited any diseases or disorders, many of which may not be detected at birth or in childhood. Doctors can better treat your child if they know the full medical history of the family.

How Can Child Support Be Changed?

Tue, 18 Mar 2008 20:38:04 GMT

Only the Court can modify child support. 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, 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 can request a review of the ordered child support amounts every three years by contacting the Office of the Attorney General.

How Do Tanf Recipients Seek Child Support?

Tue, 18 Mar 2008 20:21:49 GMT

To receive TANF benefits through the Texas Department of Human Services, recipients must cooperate with the Office of the Attorney General`s efforts to identify their child(ren)`s noncustodial parent and collect child support. TANF recipients must also assign to the State the rights to collect child support. Until recently, all payments collected in the case, except the first $50 of each monthly payment (called a disregard payment that goes to the family), were applied toward reimbursing the state and federal governments for TANF benefits received by the family. That has changed due to federal law requiring family first distribution. Now, arrears owed to the custodial parents are paid before arrears owed to the state providing TANF benefits. The exception is the interception of IRS refunds. In accordance with federal law, intercepted tax refunds are earmarked for arrears owed to the state. Once arrears owed to the state have been paid off, intercepted tax refunds will go to the custodial parent.

How Do Unmarried Parents Establish Paternity For Their Child?

Tue, 18 Mar 2008 21:29:58 GMT

Paternity can be voluntarily established by agreement of both the mother and the father of the child. The parents can sign an Acknowledgment of Paternity (AOP) that becomes a legal finding of paternity. If either the mother or alleged father is not sure about the paternity of the child, paternity can be contested and testing will be ordered to identify the father.

How Does Paternity Establishment Affect Custody And Visitation?

Tue, 18 Mar 2008 21:42:10 GMT

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 and both parties must obey the court order. In other words, a parent cannot refuse to pay support because the other parent is refusing visitation and vice versa.

How Does The Process Work?

Wed, 19 Mar 2008 19:42:22 GMT

The Attorney General`s Child Support Division matches its caseload with computer tapes from different licensing agencies. When the match shows an obligor who meets the statutory criteria for license suspension and holding one or more of the identified licenses, the Office of the Attorney General will provide the license holder with a warning and an opportunity to resolve the outstanding delinquency. If the obligor fails to respond, the Child Support Division will confirm the location of the obligor and other information necessary to suspend the license and then refer the case for administrative or judicial prosecution.

How Long Will It Take Before Payments Begin?

Tue, 18 Mar 2008 20:07:50 GMT

Obtaining child support involves a wide variety of factors making it difficult to predict how long it will take to secure payments. The time frame varies on a casebycase basis. For example, one case may require the full range of services locating the 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.

In Texas, Can a Spouse Give Up His or Her Right to Alimony in a Premarital Agreement?

Sun, 12 Jul 2009 01:48:01 GMT

Yes, Texas law allows spouses to include modification or elimination of spousal support in their prenuptial agreement.

Is A Non-Custodial Parent Entitled To Visit The Child If He Or She Is Not Paying Child Support?

Fri, 18 Apr 2008 03:51:52 GMT

Child support and visitation rights are separate issues. The court will determine 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 as to visitation, even if the noncustodial parent cannot or will not pay the support. The court can enforce its orders against either parent.

What Happens When The Parents Sign The Acknowledgment Of Paternity?

Tue, 18 Mar 2008 21:36:17 GMT

After the father and mother have signed the AOP, the biological father becomes the legal father. This means that he has parental rights and responsibilities just like the mother. If the parents separate, either parent has the right to seek custody of the child and both are responsible for providing financial support for the child. The parent with custody can get a court order for the payment of child support, and the noncustodial parent can seek a court order for visitation.

What If A Person No Longer Wants The Office Of The Attorney General's Services?

Tue, 18 Mar 2008 20:31:15 GMT

If the parent is not on TANF and is not receiving Medicaid and wishes to discontinue child support enforcement services, the case can be closed by written request, provided that there are no arrears assigned to the State.

What If The Father Does Not Believe It Is His Child?

Tue, 29 May 2007 21:19:00 GMT

He can ask for paternity testing. A court will examine the results of the paternity test and then decide whether the alleged father is the biological father. This ruling will be final.

What If The Father Or Mother Realizes That The Presumed Father Is Not The Biological Parent?

Wed, 19 Mar 2008 00:38:36 GMT

Either parent has 60 days from the time that the AOP is recorded at the Bureau of Vital statistics to remove the father`s name from the birth certificate. One of the parents will have to file a Petition to Rescind with the court. After 60 days, one of the parents is required to prove fraud, duress or mistake of fact to have the father`s name removed. Any such suit must be filed within four years of the AOP being filed with the Bureau of Vital Statistics.

What If The Father Wants To Sign The Acknowledgment Of Paternity But Cannot Come To The Hospital?

Tue, 29 May 2007 21:19:00 GMT

Sometimes the parents are not able to do everything necessary to acknowledge paternity while the mother and baby are still at the hospital. If this happens, the parents can take the form home and sign it later. When the AOP is complete, it should be mailed to: Bureau of Vital Statistics 1100 W. 49th Street Austin, TX 787563191 Remember, if the AOP is filed after the hospital has mailed the birth certificate information, the Bureau of Vital Statistics charges a fee to add the father`s name to the birth certificate.

What If The Mother Is Married To Someone Other Than The Biological Father?

Wed, 19 Mar 2008 00:16:42 GMT

Even if the biological father signs the AOP, he will not be named on the birth certificate or be the legal father unless the mother`s husband signs a Denial of Paternity. If the husband does not sign the Denial of Paternity, the biological parents must either visit a Child Support office or go to a private attorney to file a paternity legal action.

What If The Mother Is Not Sure Who The Father Is?

Tue, 29 May 2007 21:19:00 GMT

The mother 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. If necessary, a DNA test will be used to identify the biological father. Paternity can still be established, even if the father is still in school or if he lives in another state.

What If The Non-Custodial Parent Is Still In School And Has No Money?

Wed, 19 Mar 2008 19:19:35 GMT

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.

What If The Pregnancy Was Unplanned?

Tue, 29 May 2007 21:19:00 GMT

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 pay to help support his child.

What Steps are Necessary to Enter a Valid Premarital Agreement in Texas?

Sun, 12 Jul 2009 02:35:03 GMT

The Texas Uniform Premarital Agreement Act requires that premarital agreements be in writing and signed by both parties. In order to be valid, the agreement must be made voluntarily by both parties and not be unconscionable. Both parties must provide fair and reasonable disclosure of their property and financial obligations to the other party. Texas state law is specific as to the matters which may be included in the agreement. A premarital agreement may be amended once the parties are married if both parties agree to the amendment in writing.

What Types Of Licenses Do They Have?

Wed, 19 Mar 2008 19:33:31 GMT

Most adults have a driver`s license. Computer matches can determine which obligors have other licenses and permits ranging from medical, dental and law licenses to hunting and fishing licenses.

Where Can We Get An Acknowledgment Of Paternity Form?

Tue, 29 May 2007 21:19:00 GMT

You should be able to get the AOP form at the hospital at the time of birth. You can also call the Bureau of Vital Statistics at (512) 4587393 or the Office of Attorney General Paternity Opportunity Program at (512) 4606317 to obtain a form. In addition, you can get an AOP at a local child support office or the local birth registrar.

Where Do People Apply For Child Support Services With The Office Of The Attorney General?

Tue, 18 Mar 2008 19:59:32 GMT

The Child Support Division of the Office of the Attorney General operates field offices throughout the state at which people may apply for services. The telephone numbers and addresses for these offices are in local telephone books. You can also request an application for services by calling our toll free telephone number at (800) 2528014.

Who Can Apply For Child Support Services And What Is The Fee?

Mon, 04 Jun 2007 21:51:22 GMT

The Attorney General`s office accepts applications from mothers and fathers. Our attorneys represent the State of Texas in providing child support services and do not represent either parent in the case. Applicants do not have the right to select what enforcement actions are taken in their case. The Office of the Attorney General is required to provide all appropriate services for the benefit of the children. Temporary Assistance to Needy Family (TANF) recipients and Medicaid Only recipients automatically receive child support services, whereas persons not receiving TANF must apply for Title IVD child support services. There is no fee to apply for child support services provided by the Office of the Attorney General.

Who Is Affected By The License Forfeiture Law?

Wed, 19 Mar 2008 19:27:53 GMT

Noncustodial parents who hold a State license, owe more than 90 days of pastdue child support and are not in compliance with an existing courtordered or voluntary repayment schedule may face license suspension.

Who Pays For The Paternity Test?

Wed, 19 Mar 2008 00:42:44 GMT

If there is a case file open with the Child Support Division, the Office of the Attorney General will pay for the test. If the test shows the alleged father is the biological father of the child, he may be ordered to repay the cost of the test.

Why Is It So Important For Unmarried Parents To Establish Paternity For Their Child?

Mon, 04 Jun 2007 21:51:22 GMT

When a child is born, the mother`s name automatically appears on the birth certificate. If she is married, her husband is assumed to be the baby`s father. But if the parents are not married, under Texas law the child does not have a legal father. If the parents are not married, it is important for the mother, for the father, and above all for the child, to establish paternity, regardless of whether the parents stay together.

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