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Jacqueline D. Cannon

When does child support end in Texas???

That’s a question we hear often around our office.  In this part of our 4 part child support posts, we’ll discuss when and how child support payments end in Texas.

There are several events that can lead to the termination of the Obligor’s child support obligation. The first and most common is when the child turns 18 or the child graduates from high school, whichever occurs later. This provision is very important because it can extend the child support obligation past the child turning the age of 18 if the child is still going to school to obtain a high school diploma. If the child drops out of high school after turning 18 or does not meet minimum attendance requirements where they are enrolled, the child support obligation can terminate before the child obtains a high school diploma.

Two other events that can lead to the termination of child support are if the child gets married or if the child enlists in the armed forces of the United States. These events can terminate the Obligor’s child support obligation even if the child has not reached the age of 18. They can also terminate the child support obligation even if the child is 18 and is currently enrolled in a program to obtain a high school diploma.

The removal of the disabilities of minority of the child by the court can also lead to the termination of child support. The best example of this is if the court emancipates the child before the child reaches the age of 18.  Lastly, the obligation to pay child support will terminate upon the death of the child. The obligation to pay child support, however, does not necessarily terminate upon the death of the Obligor. The court can order the Obligor’s child support obligation to survive the death of the Obligor and it will then become an obligation of the estate of the Obligor.

Upon the termination of child support for one of the above reasons, or the reduction of child support in a case in which support is being paid for more than one child, it might be necessary to get an order from Court to stop wage withholding.  If your child support is automatically being withheld from your paycheck, you should check with your HR department and look at the wage withholding order several months before the support obligation should end.  If the order provides for a termination date, then you are probably okay, but double check with your employer to make sure they understand they’re to stop the withholding on that date.  If there is no termination date, you should see a lawyer so that an order can be obtained to stop the withholding.  It’s best to start this process several months before the withholding should stop.

In our last part of this series, I’ll discuss modifying child support.  As that is a pretty extensive topic, we might break it into two posts.  If you have any questions about these posts, or if you need help with a child support problem of your own, feel free to contact our office through our website at http://www.cokerlegal.com.

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Continuing our discussion about Texas Child Support, we will explore the ways in which child support can be paid. In Part 1 of this post, we talked about calculating support, assuming you’ve gotten past that hurdle — either through an agreement with the other party or a decision by the Judge — it’s now time to start paying the child support.

How Child Support Can Be Paid

Child support is most often paid in one of two ways:

1) the Obligor can pay the child support themselves, or

2) the child support can be withheld from the Obligor’s check by their employer.

If the child support is not withheld, the Obligor is responsible for sending the child support each month to either the Obligee or the State Disbursement Unit.  In most cases, child support in Texas is Ordered to be paid through the State Disbursement Unit, which is a clearinghouse that receives the payments, credits them to the child support account, and then sends them on to the receiving party.  While, in the past, stories of mishandling of child support by the SDU were common, they have, for the most part, gotten the process down.  For the paying party, this process creates a record that the support was actually paid.  For the receiving party, the same is true and, as is often more important for the receiving party, if the support is not paid, or not paid timely, there is a record of that for subsequent enforcement proceedings.

If child support is ordered to be withheld by the employer, the amount of child support withheld from each check is calculated based on whether the Obligor gets paid weekly, bi-weekly, bi-monthly, or monthly. The employer will withhold that amount each pay period and the child support will be taken out before the Obligor gets paid. The employer will then send the child support to the State Disbursement unit who will record the payment and then disburse the money to the Obligee as discussed above. In the event that the Obligor changes jobs, a copy of the withholding order can be submitted to the new employer and they will begin withholding the child support.

If you are currently having problems with the payment, withholding or receipt of child support, it may be necessary to contact a lawyer.  Our office (Duane L. Coker & Associates, P.C.) helps clients with Texas child support issues all of the time.  We’d be happy to meet with you to discuss your situation.

In Part 3 of our post regarding Texas Child Support, I’ll discuss when child support typically ends in Texas.

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All About Texas Child Support

July 16, 2009

Child support is perhaps the most common issue in Texas Family Law cases involving children. Our office (Duane L. Coker & Associates, P.C.) helps clients establish, modify and enforce child support in divorce and other child-related cases.
In Part 1 of my four- part post, I will discuss how child support is calculated in Texas. In [...]

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