In the state of Texas, child support payments are typically made by the “noncustodial parent”. This means that the parent without custody, or the parent that spends the least amount of time with the child, pays the child support. The amount child support varies from case to case, and is calculated based on a percentage of the noncustodial parent’s income. An agreement can be made between both parents to increase or decrease the amount of child support, as long as the court approves the amount agreed upon.
If an amount cannot be agreed upon by both parties, a judge or local agency can be asked to review the case and set a fair amount. One of these agencies is your state’s local child support office, The Department of Child Support Services (DCSS) or the Office of Child Support Services (OCSS). These government support agencies are meant to protect the interest of the state to guarantee that the child receives the proper amount of financial support needed.
These government agencies can help parents establish, enforce, collect, and modify child support orders. In the case of a parent refusing to pay the court ordered child support, there are several ways in which these agencies may be able to help.
One of these ways is through wage deductions, where the monetary amount of child support is taken directly out of the noncustodial parent’s wages. The government may also revoke a delinquent parent’s driver’s license and or passport until the proper amount of child support has been paid. This keeps the noncustodial parent from being able to leave the country or state to avoid paying their child support.
Next, the state can intercept any tax refund of the delinquent parent and use that to cover late or missing child support payments. Finally, if all else fails, the delinquent parent may be found in contempt of court, resulting in a fine or jail time.
The reason why the noncustodial parent pays child support is because the law assumes that the custodial parent is paying child support through the daily costs of raising that child, but of course all cases may vary. If you are seeking child support or paying child support and have questions, the Department of Child Support Services or the Office of Child Support Services are located in most cities and counties and are there to assist all individuals.
For further assistance regarding a family law matter, contact our Family Lawyers in Arlington TX from Brandy Austin Law, PLLC now.