Common (Losing) Objections to Child Support
Child Support 101 – Common (Losing) Objections to Child Support
Child support is an emotional issue in most divorces, but courts spend very little time on this issue. The reason: child support is based on simple math. Texas law uses a formula to calculate child support. This formula takes into account the paying parent’s wages, the number of children in that case (called “the number of children before the court”) and any other children that parent may have. The custodial parent’s financial status is not taken into account.
Texas Family Code section 154.125 spells out the method used to calculate child support.
Texas presumes that child support using this formula is reasonable and in the “best interest of the child.” This is called “guidelines child support.” The vast majority of divorces and SAPCRs (“suit affecting the parent-child relationship”) utilize guidelines support. It is incredibly hard to convince the court to order an amount greater than or lower than guidelines child support.
Despite how common guidelines support is, many attorneys hear the same questions and objections about child support:
1) “But my ex will just blow this money!” Unfortunately, you cannot require the other parent account for how child support is spent. It is assumed that the support goes towards necessaries like groceries, providing shelter, paying for childcare, buying clothes, etc. If you feel that your child isn’t receiving the proper nutrition, shelter, or care, then you need to contact an attorney because you may be able to modify the parent-child relationship and become the “primary” conservator for your child.
2) “I cannot afford ‘guidelines’ child support.” While every case is different, many judges may listen to your circumstances and still impose guidelines child support. The courts view it as their duty to ensure that the children are adequately provided for, and child support is generally the most effective method to accomplish that goal. However, you should always give your attorney enough information so that he or she can make a persuasive argument to the court. The presumption that guidelines child support is appropriate may be rebutted with detailed information showing where your money goes.
3) “I already support my kid by paying for x, y, z…” Sorry, but the court generally does not care if you are paying for extra things such as piano lessons, daycare, shoes, etc. If you are paying for these things, in addition to child support, then you may need to change a few things. Unless there is a court order requiring you to pay for specific additional costs, then you are under no obligation to pay for those expenses. Your child support obligation comes first. The extra expenses are just that…extra. Your ex will pitch a fit when you stop, but your response should be, “Sorry, but I have to pay child support first, and I don’t have the extra funds right now.”
4) “My friend only has to pay x%.” You don’t know if that amount was the result of an agreement, very persuasive argument, or some other factor. Guidelines child support is frequently imposed by the courts, and for that reason, is generally agreed-to by the attorneys on a case. However, the attorneys (and you) are free to negotiate a different amount prior to any hearing. The low child support payment could indicate that the noncustodial parent was also ordered to pay for certain other expenses such as daycare costs, health insurance, or some other cost.
If you have a question regarding child support, please call Susan Smith Family Law at (817) 435-2600 or reach out through our “Contact” button at the top of this page.