23 Nov Child Support and How It Functions Within The Office of the Attorney General
The Office of the Attorney General Child Support Division is the office responsible for the establishment and enforcement of child support. It is a statutorily-created child support enforcement agency for the State of Texas. They work to unsure the financial support of the child.
Child support is calculated by some basic formulas surrounding the custody terms and factors such as income and number of children to be supported.
The main factor that determines child support is who the custodial and non-custodial parents are. Generally speaking, the non-custodial parent will end up paying the custodial parent a determined amount.
The second factor is number of children. Texas child support guidelines look at the number of children the parties have together that need support and the number of children the non-custodial parent is required to support outside of the children of the parties.
The third factor is income. Texas child support guidelines look at the number of children and determine the percentage of the parent’s monthly income that will go towards child support from there.
Other than the establishment of child support, they are also responsible for its enforcement. If a parent does not pay child support, there are a few actions that can be taken against them, including:
- License suspension
- Passport denial
- Credit bureau reporting
- Lottery intercept
- Civil or criminal contempt
If the parent becomes a child support evader, the Office of the Attorney General will make their information publicly known. In order to be considered a child support evader, the following must have happened:
- Court-ordered delinquent child support must be more than $5,000
- An arrest warrant has been issued
- The non-custodial parent is avoiding apprehension
- There have not been any regularly made payments in the last six months
- The non-custodial parent must not be involved in bankruptcy proceedings or receiving TANF benefits.
- A confidentiality waiver was signed by the custodial parent, allowing certain case information to be made public
While the Office of the Attorney General helps enforce child support, they do not enforce other custody terms, such as visitation.
If the non-custodial parent is having issues meeting their child support obligations, they can file for a modification. In these circumstances, the parent generally must show that a change in circumstance has led to their inability to pay support, and a modification is needed. A family law attorney can help with this process.
If you are going through a divorce, setting or modifying custody terms, or looking to modify your child support agreement, speaking with a child custody attorney can help your case. Experienced attorneys can advocate for what is best for you and your children as you go through this process or if your circumstances have changed. Navarrette | Bowen, P.C. has a team of experienced divorce lawyers that can help. Our main office is located in downtown Denton and you can contact us to set up a confidential consultation to discuss your circumstances and receive guidance.