Parents have a wide range of rights and responsibilities when it comes to their children. When a child’s parents are no longer together, child support is designed to balance each parent’s responsibility for supporting the child financially in relation to their ability to do so.
If your ex pays you child support and they have another child on the way, the new child could affect the amount of child support you receive. Such a change, however, will not be automatic – your ex would need to pursue a child support modification through the court to make this happen.
If you’re facing a child support concern, an experienced Round Rock child support attorney can help.
Child Support in Texas
In Texas, one parent often has the primary custodial role, which means they have more parenting time with the children, they have the right to determine where the children make their primary home – within the mileage parameters set by law – and they are generally the parent who receives child support from their ex.
While many factors can affect child support, the parent who is the higher earner typically has the child support obligation – even when the parents divide their time with the children evenly or close to evenly.
The Children’s Best Interests
While both parents have solid and important rights in relation to their children, Texas courts make every decision that directly affects children in accordance with the children’s best interests. When it comes to child custody, this includes factors like the following:
The children’s physical, emotional, and educational needs, including any special needs
Each parent’s ability and commitment to effectively address the children’s needs
The children’s ages and developmental stages
Each child’s overall mental and physical health
Each parent’s overall mental and physical health
The relationship each parent has with the children
How well the status quo – or the children’s current living situation in terms of home, school, and community – supports their well-being
The degree to which each parent has participated in raising the children to date
The preferences of those children whom the court considers mature enough to participate
The degree to which each parent is committed to doing what it takes to co-parent effectively
The degree to which each parent actively supports the other’s close and ongoing relationship with the children
Texas courts begin with the presumption that it’s in children’s best interests to maximize the amount of time they spend with each parent. Circumstances, however, often lend themselves to one parent filling that primary parental role.
The factors that affect how child support is calculated in Texas, include the following:
The number of children addressed by the child support order
Each parent’s earnings and earning potential
Each parent’s financial obligations, including any child support paid for children from another marriage or relationship
The amount of time each parent spends with the children
Any special circumstances that require additional support, such as a child’s special needs
The matter of health insurance and out-of-pocket medical expenses and who covers them
The distance the parents live from one another and the associated cost of transportation
The Child Support Calculation
Generally, the parent who pays child support pays a specific percentage of their net income each month, which breaks down as follows:
The parent pays 20 percent for 1 child.
The parent pays 25 percent for 2 children.
The parent pays 30 percent for 3 children.
The parent pays 35 percent for 4 children.
The parent pays 40 percent for 5 children.
The parent pays no less than 40 percent for 6 or more children.
While this is how child support is typically calculated, the court has the discretion to order child support that differs from this breakdown if the circumstances warrant it.
If Your Ex Has Another Baby on the Way
The fact is that, if your ex has another baby to support, the child’s birth could affect the amount you receive in child support. It’s very important, however, to keep in mind that the fact of the additional child – as mentioned – won’t automatically lead to a change in your child support payments.
Seeking a Child Support Modification
Your ex will need to request a child support modification in order to reduce their child support payments. In Texas, courts consider child support modifications only when there has been a significant change in circumstances that supports a meaningful change in the amount of child support paid.
In other words, your ex can’t simply pay you less child support in response to having another child. The birth of a child does qualify as a substantial and material change, but the matter of whether or not the child’s birth will affect your child support is a matter that must be determined by the court – in the context of all the relevant factors.
The Court’s Discretion
Your ex can seek a child support modification through the court, but this doesn’t guarantee that it will be granted. The higher your ex’s earnings, the less likely the court may be to decrease your ex’s child support obligation to you.
For example, if your ex’s earnings exceed the state’s calculation cap, the birth of another child may not tip the scales when it comes to your child support payment. If your ex’s financials are tighter, however, the birth of another child is far more likely to support a modification that affects you.
Why Your Ex’s New Child Plays a Role
Texas courts take every child’s best interests into consideration in relation to each parent’s ability to support them in every child support case. For example, if your ex was already paying child support to a former partner at the time of your breakup or divorce, it likely affected how child support was calculated in your case.
This is because Texas is interested in supporting the best interest of all the children involved, including children of prior relationships, when they hand down child support orders.
This also holds true when a parent with a child support obligation goes on to have another child. Texas courts take this additional child’s best interests into consideration relative to the child support either of their parents is already paying out. This can support a modification that lessens that financial obligation – in an effort to also support the new child’s best interests.
In the end, Texas courts are called upon to balance the best interests of all the children involved, and sometimes, this means decreasing the child support the parent is currently paying.
The most important point to keep in mind in relation to your ex’s new child and their child support obligation to you is that it’s a complicated legal matter. If they are seeking a child support modification, it’s time to consult with a seasoned child support attorney.
If Your Ex Simply Pays You Less
If your ex takes it upon themself to pay you less in child support than was ordered by the court, you have legal recourse. Your children’s other parent is obligated to pay the amount of child support you’re owed until that obligation ends or until they obtain a modification through the court.
If your ex has made it clear that they won’t be paying you the amount of child support to which you’re legally entitled, you should take it up with the court.
The child support you receive helps you provide for your children to the best of your ability, which makes it an important matter that shouldn’t be ignored.
Don’t Retaliate by Withholding Parenting Time
Too many parents get the idea that, if their children’s other parent isn’t paying child support as required by law, the answer is cutting the amount of time they spend with the children short. This approach, however, amounts to two wrongs not making a right.
Texas courts hold the firm belief that it is in children’s best interest to spend a significant amount of time with each parent and to receive financial support from each parent.
When a parent uses one of these terms to punish the other parent for the other term, the kids lose on both fronts – by not receiving the child support to which they’re entitled and by not spending as much time with each parent as they should.
Taking these matters into your own hands is almost guaranteed to backfire. Having a dedicated child support attorney in your corner can help you resolve the issue of your ex failing to pay the child support that you’re owed far more favorably.
FAQ
The answers to some of the most frequently asked questions we hear from clients with issues related to child support may help you with your own.
Why do I pay child support when my ex and I share parenting time evenly?
Child support is based on many different factors, but one of the most important is each parent’s income. Children are entitled to financial support from each parent that is in keeping with each parent’s ability to provide it, and as such, the parent who earns more generally pays child support to the other parent.
My ex is having another child. Will my child support decrease right away?
No, your child support won’t decrease right away if your ex has another child, and it may not decrease at all – depending upon the circumstances involved. To begin, while having another child to support is considered significant enough to support considering a child support modification, the court will take your ex’s financial ability to cover both under advisement.
If it’s determined that they can afford to continue paying you child support at the same rate while also supporting the best interests of their new child, a modification may not be forthcoming.
My ex is paying me less child support than required. Can’t I limit their parenting time?
If your ex isn’t paying you the amount of child support ordered by the court, they are not in compliance with court orders, which can lead to serious consequences.
If – in response – you limit or deny your ex the parenting time they’re entitled to by law, you’ll also be outside the boundaries of the court’s orders, which isn’t going to do you any favors if or when your ex seeks a child support modification.
The best interests of your children should always prevail, and you can effectively take up your ex’s failure to pay child support with the court.
My ex is earning considerably more now. Can I seek a child support modification?
Yes, if there has been a significant change in circumstance that would support a substantial change in your child support order, you can seek a modification. If your ex is earning significantly more – even if they do have another child on the way – it could support more child support for the children you share.
When does child support end in Texas?
Child support orders remain in effect for each child until they reach the age of 18 or graduate from high school, whichever comes later. The child support order, however, doesn’t change or end automatically – the court requires proof that a terminating event has occurred.
In other words, the payor must continue paying until they file a petition to terminate support for a child who has aged out.
Speak with an Experienced Round Rock Child Support Attorney Today
If you have concerns about child support in relation to a significant change, such as your ex having another child, seek the legal guidance you need.
Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving Round Rock, Texas, for more than two decades – is a compassionate child custody attorney who appreciates your concern and has the legal experience and insight to help.
We are on your side, so please don’t put off contacting or calling us at 254-781-4222 to schedule your free consultation today.