How to avoid child support in texas

How to Stop Child Support Payments in Texas

Child support payments are essential to help custodial parents continue to provide for the needs of their child or children. However, they aren’t intended to be permanent.

If you are currently making child support payments to the other parent, you should know when your obligation ends and how to stop child support payments in Texas when appropriate.

I routinely represent parents who care deeply for their children and do everything in their power to ensure they are well cared for. After years of making payments, they often wonder how to stop child support payments in Texas when there has been a major change in their circumstances.

If you’re wondering the same, I can help you with the answer. And, if your case qualifies for termination of payments, then we can work together to put the process in motion that will lead to the end of your child support payment obligations.

What’s Required to Stop Child Support Payments in Texas?

The Texas Family Code states that child support payments should last until the child turns 18 or graduates from high school, whichever comes later. There are exceptions to the rule you can attempt to pursue in court.

It’s important to note that child support orders do not terminate on their own, and a subsequent court order must terminate the original order for support.

Once you have been legally approved to stop making payments, I can help you file paperwork with the court and the Texas Attorney General’s office to end wages being garnished from your paycheck. Let’s examine some of the legal reasons why payments would be approved to cease.

1. Emancipation

Some children leave the nest earlier than 18 years of age and are fully capable of supporting themselves financially. Known as emancipation, this ruling is made by the court and relieves the parent providing child support of their duty to pay. Emancipation in Texas can occur at 16 or 17 years of age.

2. Death of a Child

The death of a child is a tragic occurrence with many legal implications. For parents who pay child support in Texas, it means an end to payments for the child who has passed away.

3. Medical Crisis Exemption

When the parent paying child support experiences a medical emergency or death is near, they may ask the court to relieve them of their child support obligations. The emergency must be debilitating and lasting.

4. Negative Paternity Test

A negative paternity test gives the man paying child support the right to petition the court to end his payments for a child who has been deemed not his offspring. This procedure also involves having the court terminate the parent-child relationship.

5. Other Parent Re-marries

The court will also consider situations where the parent of your child re-marries. In this case, the court will review whether the other parent can now provide for the child with the support of the new spouse and without your payments.

While this may seem cut and dry, you will still need legal support from an attorney to present this argument before the court because the other parent re-marrying does not automatically qualify you for the end of child support obligations. You must be able to prove that the other parent’s new financial position is sufficient to cover the child support payments.

What if I Lose My Job?

I am often asked whether job loss qualifies a person to stop making child support payments, and the answer is no: losing your job in Texas does not end your child support obligations.

In some cases, loss of employment may allow you to petition the court for a temporary reduction of your payments. Find out more about how to request this type of relief through the Texas court system.

Petitioning the Court to be Released of Obligations

If your case qualifies for a review of child support payments, your first step will be filing a petition for the court to formally discharge your obligation and terminate the order. I can help you file this petition.

In the meantime, one of the most important details regarding child support payments is that you need to continue paying until the court grants an order to end the child support order. You do not want to stop without an official decision from the court.

Even when your child reaches the age of 18, you must continue fulfilling your child support obligations until another order cancels the original one. If you stop your payments before a judge authorizes it, you could find yourself subject to a contempt of court charge.

Find Help with Stopping Child Support Payments

Child support orders exist for the best interests of the child. However, situations change that may relieve you of your payment obligation without compromising the child’s interests.

I represent parents throughout Fort Bend, Brazoria, and Harris Counties in all aspects of family law issues, including child support matters. If you are a resident in any of these counties and are wondering how to stop child support payments in Texas, don’t hesitate to reach out.

Call my offices at 281-944-5485 or 979-267-7660 to set up a consultation. I am ready to discuss your situation and review available options to stop child support payments.

How to Stop 2021 Child Support Payments in Texas

You’ve been paying child support for months, maybe even years, but now there is a circumstance that has you wondering how to stop child support payments in Texas. Perhaps your child has simply turned 18. Or perhaps you’ve got the sneaking suspicion that you aren’t your child’s biological father.

Either way, chances are that you have questions. Can I cancel child support in Texas?

Can you stop child support if both parents agree in Texas? What do I need to do to petition to terminate child support?

At Thiessen Law Firm, our fathers’ rights lawyers know how stressful child support payments can be on your budget, and how stressful it can be to try and stop unnecessary payments. That’s why we’ve created this resource including the main reasons why people stop paying child support and tips on how to stop child support payments when it’s time to do so.

In Texas, can I stop paying child support when my child turns 18?

Yes. In fact, the number 1 reason Houston parents look into how to stop child support payments is because 1 of these 2 deadlines has been met: their child has turned 18 or their child has graduated from high school, whichever comes later.

When this situation occurs, it means your child has reached what the legal world calls “age of majority.” In typical fashion, states don’t agree on what the age of majority is. Some put it at 18, others as high as 21. The states do agree, however, that when a child reaches their state’s age of majority, they’re capable of making their own legal and financial decisions.

But then, you may ask, how do you get out of paying child support? Exactly how do I stop child support payments? Do child support payments automatically stop in Texas?

Petitioning to stop child support payments

Typically, to stop child support payments, a petition to terminate child support withholding must be filed in the same court that established your original child support payments. Once a judge signs the petition, it can be forwarded to the Texas Attorney General’s office, where both a stop payment can be issued and a withholding termination letter can be sent to your employer.

If you’re nowhere near the deadline to stop child support payments, stay the course. The obligation to pay child support is often an honorable one and is in the best interest of the child. Keep up with your payments so that you never receive a child support warrant. Take a deeper dive: Learn about the best way to form a child support holiday schedule, resist hiding income to avoid child support and inform yourself about child support when grandparents have custody.

Are there exceptions to when you can terminate child support in Texas?

Of course! You didn’t think you’d get away with understanding child support laws without first reading a long list of exceptions and qualifications, did you?

Early termination of child support payments in Texas

Your child becomes emancipated: The court can decide that your child has become “emancipated,” meaning financially independent and self-supporting, and is thus no longer in need of child support before they reach the age of majority. Common examples of emancipation include the child getting married, joining the military, or leaving home.

Your child dies: When a child passes away, you are no longer obligated to pay child support for that child. If there are other children in the family, you will need to petition for a Texas child support modification.

You have a medical crisis: In certain circumstances, when the person paying child support is suffering from a severe illness and/or if they are nearing death, that individual may no longer be required to pay child support and can be relieved of their child support obligations.

You discover that you’re not the child’s father: If genetic testing proves that you are not a child’s biological father, you can petition to terminate your parent-child relationship and stop paying child support. You will need to file that petition within one year of learning that you are not the child’s biological father.

Extension of child support payments in Texas

The parent wants to provide college support: In some states, parents can opt to continue paying child support to help pay for a child’s education. This exception is not obligatory.

The child has special needs: If you’re thinking “How can I get rid of child support?” when you supporting a child with disabilities, then think again. A parent who has a child with a disability may be paying child support long past when the child turns their state’s age of majority.

Need a family law attorney? Call Thiessen Law Firm.

Very few people consider why (outside of greed or laziness) someone would want to stop paying child support. Regardless of whether you lack proof that you are a child’s parent or simply need to decrease the amount of child support you currently pay in order to make ends meet, you’re going to want a talented family law attorney by your side.

At Thiessen Law Firm, we understand that every family’s and individual’s situation is unique and we will fight for your right to reduce or terminate child support in Texas. From questions on how to report a new job to child support in Texas to what to do when you receive a child support order, we are here for you through it all.

Quit wondering how to stop child support payments in Texas and do something about it. Call Taly Thiessen, one of the best child support lawyers in Houston, at 713-864-9000 and request a free case evaluation today.

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DIVORCE AND DIVISION OF THE MARRIAGE'S PROPERTY - Our Texas - Russian Newspaper in Houston, Dallas, San-Antonio, Austin, Texas

Let us assume that the spouses have come to an agreement on the impending dissolution of the marriage and are fully satisfied with its terms. However, an agreement alone is not enough: the divorce case must be conducted through the courts. Family law reflects the idea of the sacredness of marriage, in particular, the inadmissibility of frivolous marriages and divorces.

Despite some differences between the laws of different states of the country, the general scheme of divorce is the same everywhere. First of all, the applicant for a divorce is obliged to present good reasons for this and, in his application to the court, provide and explain the facts that would serve as a reason for the dissolution of the marriage. After that, the responding party will receive a notice of the beginning of the divorce proceedings and a summons to court. Difficulties arise if the address of the defendant is unknown, and in this case, the procedure for notification may vary in different states. In Texas, for example, they require you to place an ad in a newspaper. nine0003

If the answer is not received by the court within the prescribed time limit, the court automatically concludes from this that the opposing party is not contesting the terms of the divorce. But even in this case, the other spouse retains the right to counterclaim if he has his own grounds for divorce. A counter-claim is allowed, rather, in order to enable each of the spouses to obtain a divorce on favorable grounds.

The parties may resolve conflict issues peacefully, without the participation of the court. This way is always desirable, because it allows you to avoid additional costs and time. An attempt to peacefully resolve a dispute, for example, on the division of property, is also welcomed by the court itself. If such an agreement is reached, its text is submitted to the court for consideration at a special hearing. The judge will ask the participants a series of questions to make sure that the agreement is voluntary and that the parties accept its terms. By and large, the judge is worried, for example, not that by agreement any real estate is transferred to you (or, conversely, not transferred), but that your decision is not dictated by pressure from the other side. nine0003

Very often people ask if they can get alimony in a divorce. First of all, let's find out what is alimony?

These are cash payments from one of the former spouses to the other to maintain his financial condition. Alimony is, as it were, an expression of financial obligations taken upon entering into a marriage union. In the old days, for example, in a divorce, the husband was always required by law to pay maintenance to his wife, since he brought income to the house, while the wife took care of the household. But in recent decades, spousal employment procedures and related legal provisions have changed, and, under the laws of most states, alimony can be awarded to both the wife and the husband. In addition, alimony may not be awarded for the rest of your life, but only for a certain period of time after the divorce. Such alimony, for example, will help the ex-spouse to get a profession, which, in turn, will give him (or her) the opportunity to support himself. nine0003

It should be noted that in Texas, the court awards child support in very rare cases: when the spouses have been married for more than 5 years, if the spouse has a disability that does not allow him to work, or if the spouse is unable to find work for reasons of age and health (when the spouse has not been married for many years worked and is therefore uncompetitive to find a job), or by agreement of the spouses.

The court-ordered support period can be short, such as one year. But it can also be much longer: say, ten years. The length of time will depend on the type of education you will be required to complete, the market demand for your professional skills, your childcare responsibilities, and other factors. If you still haven't found a job by the end of your child support deadline, you can apply to the court to extend the deadline, but you will need to show a good reason why you could not find a livelihood. nine0003

If the ex-spouse (ex-spouse) remarries while receiving alimony, the payment of alimony is usually terminated, as it is assumed that it is no longer necessary due to new financial circumstances. In addition, the obligation to pay alimony may be suspended if the recipient spouse lives with another person in an actual, civil, although not documented marriage.

The amount of child support is determined by state law. In general, among the factors affecting the amount, the following are taken into account: the age and state of health of both parties, the length of the marriage, the ability of both spouses to feed themselves, the degree of responsibility to minor children, the income of the head of the family and the lifestyle of the family during the marriage. Alimony should provide the former spouse with approximately the same standard of living that this party was used to during the marriage. nine0003

If the judge is satisfied with the deal reached, he approves it and then issues a divorce decree. In the context of the foregoing, it should be borne in mind that the judge may refuse to grant a divorce, even if both spouses agree, if it comes to the conclusion that there are no good initial grounds for divorce or, for example, if neither spouse is a resident of this state.

If the spouses fail to reach a compromise, then there will be a trial, the outcome of which will be determined by the judge. Jurors are very rarely involved in such hearings. nine0003

A lawyer is not required to handle a divorce case, but is always preferable in divorce cases, as he is more aware of the client's rights in this situation. Often people are driven by the desire to complete such a difficult and unpleasant event as a divorce as soon as possible. But even in this case, you should at least consult a lawyer. Afterwards, when emotions fade into the background, you may regret not doing it, especially if the divorce left you with no funds to claim. nine0003

All items of any value constitute property. Property is a house, furniture (including carpets and lamps), household appliances, works of art, means of transportation (such as a car, bicycle or boat), money (in a bank account), stocks, bonds and other securities, pension and retirement accounts, a company (owned by one or both spouses individually or in partnership), etc. In addition, there are some intangible objects of value, such as a patent for an invention or your publicity that can be used for commercial purposes. Usually the most significant part of the property is real estate: land and buildings on it. If you own a home, then your home is real estate, and anything that is separable from real estate is personal property. For example, furniture in a house is personal property. nine0003

Most states have an equitable distribution system whereby property acquired by spouses during marriage is jointly owned by both. The concept of justice, however, does not necessarily imply a division exactly in half. Rather, it is based on taking into account all aspects of marriage - such as its duration, the age and state of health of the spouses, their ability to financially secure their future, responsibility towards minor children, etc. The court will take these circumstances into account when deciding on the division of property in a divorce. As for the division of property acquired during the period of marriage, strictly in half, such a system has been adopted in nine states, including California and Texas. nine0003

Regardless of the state's system for dividing marital property, premarital property remains in the separate possession of the spouses and is not subject to division in the event of a divorce. In addition, each spouse may retain personal gifts and inheritances received during the marriage, if care is taken to keep them separate. For example, if you inherited $10,000 and deposited it into a separate personal account, then that money belongs only to you. On the other hand, if you put this amount into a joint marital account, then, in all likelihood, it will be divided upon divorce as joint property. nine0003

Usually, the conditions for the division of property are written in an agreement concluded when a divorce is filed. This agreement can be drawn up by the spouses themselves, but it is much safer to seek the help of a lawyer who will check that all essential details have been taken into account and make sure that you achieve the maximum possible share of the property being divided. This agreement can then be approved in court.

Collection of alimony from the child's father

Family law: deprivation of parental rights, child rights, alimony. (Russia) nine0003

Question

My problem is to collect child support from the father of the child, who is a US citizen and lives in the US, respectively. He came to Russia quite often earlier, before the birth of the child, and by mutual agreement, I went to the USA to give birth, but the pregnancy took place practically in Russia (St. Petersburg). The child was born in New York in 2010, recorded on the father, a US citizen, respectively. The child was issued an American passport, and Russian citizenship was issued at the Russian consulate. nine0003

In March 2011, the child and I returned to St. Petersburg, where I registered her in my apartment. In the near future, I would not like to return to America (to her father) because of the unfavorable family situation, and therefore I would like to resolve the issue of providing for the child on Russian territory.

The child's father is currently sending $1,200 per month (subject to terms and conditions). After 6 months, he will stop funding the child (or will do so in a minimum amount). nine0003

Since there are no written agreements between us, and we are not married, it is difficult for me to rely on his promises, desires, etc. I consulted with an American lawyer in 2010 - the process of collecting alimony in America is extremely long, tedious, and due to certain facts, the outcome can be in the range of $ 350-400.

At the same time, the issue of the child's residence will also be determined within 2-3 years, and if I do not want to live with the father of the child, I will also have to rent an apartment until the court decides. In addition, the mode of meetings with the father will be determined - because of which, in principle, in the future I will not be able to leave the United States (or only with the consent of the father of the child - because, as per American laws, even if we are not married, but we have minor child - he can prevent me from leaving the United States). I am not satisfied with this kind of litigation in any way. nine0003

Therefore, I would like to clarify the following questions:

- Is it possible to collect alimony in Russia and in what amount?

- What factors influence (if they do) the formation of a fixed amount of alimony (for example: the father of the child does not have a salary, he has a mini-pizzeria as a source of income, etc. ) and how can this be proved in a Russian court?

- According to European laws (at least there is a precedent in Strasbourg), as well as according to the RF IC, the second line of relatives can be involved in providing for the child (for example, grandparents), to what extent it is accepted in practice in Russian courts and is it possible to appeal to this position in my case? (an American grandmother has 4 real estate leased officially under contracts, in addition, she sold an apartment in May 2011 for $ 2.3 million). nine0003

- If the child's father sends $1,200 per month, which is documented, can this fact be used as evidence of his ability to pay and determine the amount of child support in the claim of the approximate level?

- How is a court decision ratified in the United States (through which government agencies)? Can they not accept it for execution? Should I apply to the American consulate at this stage to expedite the execution of the decision?

- How long does it take on average for a similar trial in a Russian court? And are there any difficulties in execution on the American side? nine0003

- If the father of the child does not pay child support according to the decision of the growing. court more than 6 months, can I apply for deprivation of his parental rights?

- How much does it cost to file a claim with you?

- If the child's father files a lawsuit in the US (for example, about his right to see the child, etc.), will I be able to file a lawsuit in ros. court after it? Or, in this case, should he be ahead of him? (In principle, he is a lawyer by education, not a practitioner, but in the future I do not exclude any claims from him on the return of the child to the United States, etc.)

- Given the above, what points should be emphasized in my child support claim? I know from experience that very often a well and logically drafted claim forms the basis of a decision, even if complex cases - as is the case for the recovery of alimony from foreign citizens - does the Russian court go beyond $ 250-300 in decisions?

Here are questions that are not clear to me, I hope for your many years of experience in this field, and I will wait for your answers.

I would like to clarify one more point, should I determine the place of residence of the child in some separate claim in order to avoid that the father will file such a claim in the United States? If he files it while my Russian child support claim is being filed, will my claim be suspended or will the Russian court still decide child support first? Or do I, as a mother, have the priority of the child's right to live with me? nine0003

I believe that you need to apply to a Russian court, and urgently. You need to determine the place of residence of the child, and in order for foreign countries to reckon with this decision, it is highly desirable that your claim be filed first, and not in response to the child's father's claim to return the child to the United States.

You are not deprived of the opportunity to make both claims at the same time: to determine the place of residence of the child with you and to collect alimony. If he does not comply with the court decision, you will be able to raise the issue of deprivation of parental rights in the future. Now he has equal rights with you, and moreover, he has reason to believe that it was you who violated his parental rights, and the American court will most likely support him. nine0003

So you need to sue and notify your spouse of the hearing. If the father of the child goes to an American court, you must immediately inform the American court about the existence of a case in Russia and demand that the case initiated later be dismissed. A Russian court clearly has jurisdiction over your child who resides in Russia and has Russian citizenship.

According to Art. 81, 83 of the RF IC, in the absence of an agreement on the payment of alimony, alimony for one minor child is collected by the court on a monthly basis in the amount of one quarter of earnings. The amount of alimony may be reduced or increased by the court, taking into account the financial or marital status of the parties and other noteworthy circumstances. In the absence of an agreement between the parents on the payment of alimony for minor children and in cases where the parent obliged to pay alimony has irregular, fluctuating earnings and / or receives earnings wholly or partially in foreign currency, the court has the right to determine the amount of alimony collected on a monthly basis in hard cash. amount. The amount of a fixed amount of money is determined by the court based on the maximum possible preservation of the child's previous level of support, taking into account the financial and marital status of the parties and other noteworthy circumstances. nine0003

Thus, since the father of the child has income in foreign currency and voluntarily paid alimony in a certain amount every month, you can refer to these circumstances in court and ask for child support to be established in this amount until the child reaches the age of majority.

In case of failure to comply with the court decision on the territory of the Russian Federation, the father of the child will have problems leaving the territory of the Russian Federation: if he likes to travel to Russia, this will be a serious argument for him. nine0003

As for the execution of the decision abroad, as you probably know, there is no agreement between Russia and the United States on legal assistance in civil and family matters.

Enforcement of a Russian court decision abroad is possible only in court by filing a petition for recognition and enforcement of the court decision. Neither the Ministry of Foreign Affairs nor the Consulate will help you with this: only the court. An American court can decide both in your favor and in favor of the father of the child - you need to consult with an American lawyer about the prospects for considering such a petition. Since this issue is not regulated by an agreement between states, each court and each judge decides this issue very individually, and one can never say in advance what the outcome of this case will be. nine0003

Unfortunately, grandparents cannot be involved in providing for the child, and the fact of selling an apartment abroad will not help you in any way.

Yes, we can handle your child custody and support case.