Child support plays a vital role in ensuring the financial and emotional well-being of a child, especially when parents are separated or divorced. These payments are a legal obligation designed to provide for the child’s basic necessities, such as food, housing, education, and healthcare. In Texas, child support ensures that both parents continue to contribute to the child’s upbringing, regardless of whether they live together or apart.
However, there are situations where a parent may question whether their child support obligations can be terminated. While the general rule in Texas is that child support ends when the child turns 18 or graduates from high school—whichever occurs later—certain circumstances may allow for the early termination or extension of these payments.
Our experienced child support lawyers in the Woodlands are here to help with your case, so contact Bolton Law today.
The Standard Rule for Child Support Termination in Texas: What You Need to Know
In Texas, the general guideline for child support termination follows a straightforward rule: child support obligations typically end when a child turns 18 or graduates from high school, whichever comes later. This means that if a child turns 18 but has not yet completed their high school education, the child support payments will continue until the child’s graduation. Conversely, if the child has already graduated but has not yet reached the age of 18, child support will cease upon their birthday.
This standard rule aims to ensure that a child is financially supported through their formative years and educational journey.
However, this guideline is not absolute, and there are various exceptions that may extend or alter the child support timeline. For example, if a child has a physical or mental disability that existed prior to their 18th birthday and requires ongoing care, the Texas family court may order continued child support indefinitely.
In such cases, the parents may be required to provide support well into the child’s adulthood to help with medical care, specialized treatments, and daily living expenses.
In addition, child support can also be extended in instances where a child is pursuing higher education, although this is less common and typically requires a separate legal agreement between both parents. Other factors, such as child support arrears, can also impact when payments officially stop. If a parent has unpaid child support obligations, they will be required to pay the arrears even after the child reaches the age of 18 or graduates from high school.
Understanding the nuances of child support termination in Texas is crucial, especially if you’re navigating a complex family law case. It’s essential to consult with an experienced Texas child support lawyer who can guide you through the legal process and ensure that your rights and obligations are clearly understood. A qualified attorney can also help you modify or extend child support arrangements based on changes in your child’s needs or your financial situation.
If you have questions about when your child support obligations will end or need assistance in seeking an extension or modification, contact Bolton Law today. Our team of skilled family law attorneys can provide the guidance and legal support you need to protect your family’s best interests.
Exceptions to the Standard Rule
Per the Texas Family Code 154.001, the obligation of parents to provide child support persists until one of the following scenarios unfolds:
- The child reaches the age of 18 or completes high school, with the later event being the determinant.
- The child achieves emancipation via marriage, by a court order lifting the disabilities of minority, or through other legal means.
- The child passes away.
Before reaching 18, a child can be legally emancipated if they get married, enlist in the U.S. military, or successfully convince the court to release them from parental control. In all these cases, the court will necessitate evidence before it terminates the child support duties.
Average Child Support Payments
On an annual basis, the average child support due amounts to $5,760, which breaks down to less than $500 per month. However, only 60% of this amount, averaging $3,447 per year, is actually received. This means that custodial single parents who are recipients of child support typically receive around $287 per month.
These funds significantly contribute to covering various expenses such as food, shelter, clothing, medical costs, education, and other incidentals. The role of child support in Texas is indispensable in maintaining the financial stability and overall well-being of children.
Extension of Child Support in Texas: Special Circumstances for Ongoing Payments
In Texas, child support typically ends when a child turns 18 or graduates from high school, whichever comes later. However, there are certain situations where child support may be extended beyond this point. One of the most common reasons for an extension is when the child has a physical or mental disability that requires ongoing care and supervision.
If a child has a disability that was diagnosed before turning 18 and that disability limits their ability to support themselves, Texas courts may order that child support payments continue indefinitely. This form of extended support is intended to help cover the costs associated with the child’s ongoing care, such as medical expenses, specialized therapy, and daily living assistance.
The courts take into account the severity of the disability, the level of care required, and the financial capabilities of both parents when determining the extension of child support. It’s also important to note that in cases of extended child support, the payment structure may be adjusted to accommodate the increased financial needs that come with caring for a child with a disability.
If you are a parent facing a situation where your child requires lifelong care due to a physical or mental disability, or you are unsure about the potential for extending child support in your case, it is highly advisable to consult with an experienced Texas family law attorney. A knowledgeable lawyer can help you understand your rights and obligations and assist you in petitioning the court for the necessary support.
Whether you’re seeking to extend child support or facing an extension request, a skilled child support lawyer can represent your interests in court, ensuring that any financial arrangements are fair and in line with Texas law. If you need more information or assistance with extending child support in Texas, contact Bolton Law today.
The Process of Terminating Child Support in Texas
Terminating child support in Texas is not an automatic process when a child turns 18, graduates from high school, or qualifies for emancipation. A formal legal process must be followed to stop the income withholding. Hiring a skilled Texas child support lawyer can help you navigate this procedure, ensuring compliance with state law and protecting your rights. Here’s an overview of the steps involved in terminating child support.
Filing a Motion to Terminate Child Support
The first step in terminating child support is filing a “Motion to Terminate Withholding for Child Support” in the same family court that issued the original child support order. This motion requests a formal review to determine if the child support payments can be legally stopped. An experienced Texas family law attorney can assist you in preparing and submitting the necessary documentation, reducing the chances of errors or delays.
Serving Notice to the Obligee
Once the motion is filed, the other parent (the obligee) must be officially notified. The custodial parent or a process server is responsible for delivering the court papers. If both parties agree to the termination, the process may be smoother. However, if the custodial parent objects, additional legal negotiations might be required, which is where a child support lawyer’s expertise is essential.
Attending a Court Hearing
After serving notice, a court hearing will be scheduled. During the hearing, the judge will review the petition and supporting documents. If everything complies with Texas family law, the judge will issue an order to officially terminate child support payments.
Addressing Child Support Arrears
If there are any unpaid child support obligations, known as arrears, the court will likely require that these be resolved before child support can be terminated. Arrears may complicate the termination process, so it’s critical to address any outstanding payments in advance.
Reconciliation and Child Support Reduction
In cases where the parents reconcile and live together again, Texas courts may consider temporarily reducing child support payments. This is because the parent responsible for child support may be contributing to the household expenses while cohabitating. A Texas child support attorney can guide you through this process and ensure the proper modifications are made to the child support order.
By working with a knowledgeable child support attorney, you can ensure that the termination process is handled efficiently and in accordance with Texas law, avoiding potential complications and protecting your financial interests.
Discuss Your Case With Our Texas Child Support Lawyers
In Texas, there are specific circumstances under which child support payments can be legally terminated, such as when a child turns 18, graduates from high school, or becomes emancipated. However, it’s essential to understand that these decisions are always made with the best interests of the child in mind. The legal process to terminate child support can be complex, often requiring a thorough review of the current family court orders and, in some cases, the settlement of any outstanding child support arrears.
At Bolton Law, our experienced Texas child support lawyers are committed to helping you navigate the intricacies of child support termination, modification, or enforcement. Whether you’re seeking to stop child support payments, need assistance with child support modifications due to changes in income, or wish to address child support arrears, our family law attorneys are ready to guide you through every step of the legal process.
It’s crucial to discuss your unique situation with a knowledgeable family law attorney who understands Texas child support laws and can provide personalized legal advice. Our team will assess your case, evaluate whether you meet the legal criteria for terminating child support, and represent your interests in court if necessary.
Don’t leave such an important decision to chance.
Contact Bolton Law today at 281-351-7897 to schedule a consultation with one of our experienced child support lawyers.
We’re available 24/7 to answer your questions and help you take the next steps toward securing the best outcome for you and your family.
