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Form Example

Exhibit: Child Support Order

1.Person Ordered to Pay Child Support (Obligor)

IT IS ORDERED that ___________________________________________ is the Obligor, the person

(Name of person to pay support)

ordered to pay child support for the children listed in the Decree or Order, and that he or she is obligated to and shall pay child support in the amount and manner described below, until one of the following events that terminate child support occurs for each child.

2. Events that Terminate Child Support

(See Texas Family Code Sections 154.006 and 154.002.)

The obligation to pay child support for a child terminates when:

The child turns 18, unless when the child turns 18 he or she is enrolled and complying with attendance requirements in a secondary school program leading toward a high school diploma or enrolled in courses for joint high school and junior college credit then child support terminates at the end of the month in which the child graduates. -or-

The child marries, dies, or is emancipated by court order. -or-

The child begins active duty in the United States armed forces. -or-

A court terminates the parent-child relationship between the man ordered to pay child support and the child based on genetic testing that determines the man is not the child’s father. -or-

The person ordered to pay child support and the person ordered to receive child support marry or remarry each other, unless a nonparent or agency has been appointed conservator of the child.

3.Child Support Amount Ordered

If there is only one child who will receive support, fill out 3a below and cross out 3b.

If there is more than one child who will receive support, fill out 3b below and cross out 3a.

3a. For a Single Child Write in the child support amount for the single child on the line below.

There is ONLY ONE child for whom child support is ordered in this Order. The person ordered to pay child support is ORDERED to pay:

$ __________

child support per month. The 1st payment is due on the 1st day of the 1st month

 

after this order is signed by the Court. A like payment is due on the 1st day of

 

each month after that until child support terminates for the child. Support for the

 

child terminates when one of the events listed in section 2 “Events that Terminate

 

Child Support” occurs.

3b. For Multiple Children Write in the total child support amount for all of the children on the 1st line below. On each additional line, write in the child support amount for one less child. Note: Child support based on the guidelines set out in Texas Family Code Chapter 154, Subchapter C decreases each time child support terminates for one of the children.

There is MORE THAN ONE child for whom child support is ordered. The person ordered to pay child support is ORDERED to pay:

$ __________

child support per month. The 1st payment is due on the 1st day of the 1st month

 

after this order is signed by the Court. A like payment is due on the 1st day of

 

each month after that until child support terminates for one child.

After that, the person ordered to pay child support is ORDERED to pay:

$ __________

child support per month. The 1st payment is due on the 1st day of the 1st month

 

after child support terminates for one child. A like payment is due on the 1st day

 

of each month after that until child support terminates for a second child.

© TexasLawHelp.org, Exhibit Child Support July 2012

Page 1 of 4

Texas Family Code, Chapter 154

 

After that, the person ordered to pay child support is ORDERED to pay:

$ __________

child support per month. The 1st payment is due on the 1st day of the 1st month

 

after child support terminates for a second child. A like payment is due on the 1st

 

day of each month after that until child support terminates for a third child.

After that, the person ordered to pay child support is ORDERED to pay:

$ __________

child support per month. The 1st payment is due on the 1st day of the 1st month

 

after child support terminates for a third child. A like payment is due on the 1st

 

day of each month after that until child support terminates for a fourth child.

After that, the person ordered to pay child support is ORDERED to pay:

$ __________

child support per month. The 1st payment is due on the 1st day of the 1st month

 

after child support terminates for a fourth child. A like payment is due on the 1st

 

day of each month after that until child support terminates for a fifth child.

4.Person Ordered to Receive Child Support (Obligee)

IT IS ORDERED that child support is payable to ________________________________________,

(Name of person to receive child support)

but must be sent to the place of payment listed below.

5.Place of Payment

The person ordered to pay child support is ORDERED to send all child support payments to the Texas Child Support State Disbursement Unit, PO Box 659791, San Antonio, TX 78265, for distribution according to law.

Include the following information with each payment:

Name of person ordered to pay child support, and

Name of person ordered to receive child support, and

Cause Number and County of Decree or Order, and

Attorney General Case Number, if applicable.

6.No Credit for Informal Payments

IT IS ORDERED that money paid by the person ordered to pay child support directly to the person ordered to receive child support or spent while in possession of the children does NOT count as child support and shall be deemed in addition to and not instead of the support ordered in this order.

7.Guideline or Non-Guideline Support

Check Guideline Support if the child support amount or amounts listed are based on the guidelines set out in Texas Family Code, Chapter 154, Subchapter C.

Check and complete Non-Guideline Support, if the child support amount or amounts listed are not based on the statutory guidelines.

Guideline Support: The amount of child support is approximately the amount recommended in the Texas Family Code Guidelines, Chapter 154.

Non-Guideline Support: The amount of child support differs significantly from the amount recommended in the Texas Family Code Guidelines, Chapter 154. The court finds that guideline support would be unjust or inappropriate under the circumstances because (explain):

_________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________

The net monthly income (from all sources) of the person paying child support is $ ______________. The net monthly income (from all sources) of the person receiving child support is $ ____________.

Actual monthly child support is $_______________, which is_______ % of the paying person’s net monthly income.

© TexasLawHelp.org, Exhibit Child Support July 2012

Page 2 of 4

8.Child Support Account / Fees Each party is ORDERED to:

Fill out any forms necessary to set up a child support account, and

Take the forms to the local Domestic Relations Office or county child support liaison within 5 days after the judge orders child support, and

Pay when due, all fees charged to that party by the state disbursement unit and any other agency authorized by law to a charge a fee.

9.Income Withholding

IT IS ORDERED that any employer of the person ordered to pay child support is ordered to withhold child support from the person’s disposable earnings.

If an income withholding for support order is served on the employer of the person ordered to pay child support, the employer shall withhold child support payments from the employee’s pay, and send it to the Texas Child Support State Disbursement Unit, PO Box 659791, San Antonio, TX 78265, where the payments shall be recorded, and forwarded to the person ordered to receive child support. All child support withheld and paid in accordance with this order shall be credited against the child support obligation.

If the employer withholds less than 100% of the child support ordered, the person ordered to pay child support is ORDERED to send the balance owed to the Texas Child Support State Disbursement Unit, PO Box 659791, San Antonio, TX 78265.

If an income withholding for support order is not served on the employer, or if the person paying child support is self-employed or unemployed, the person ordered to pay child support is ORDERED to send all child support payments to the Texas Child Support State Disbursement Unit, PO Box 659791, San Antonio, TX 78265.

IT IS ORDERED that the Clerk of this Court shall cause a certified copy of the income withholding for support order to be delivered to any employer of the person ordered to pay child support, if asked to do so by the person ordered to pay or receive child support, a prosecuting attorney, the title IV-D agency, a friend of the Court, or a domestic relations office.

10.Suspension of Income Withholding

Check here if all parties agree not to have the employer withhold child support payments at this time.

The parties agree, and the Court ORDERS that an income withholding for support order shall not be served on the employer unless: 1) child support payments are more than 30 days late, 2) the past due amount is the same or more than the monthly child support amount, 3) another violation of this child support order occurs or 4) the Office of the Attorney General Child Support Division is providing services to the person ordered to receive child support. The person ordered to pay child support is ORDERED to send all child support payments to the Texas Child Support State Disbursement Unit, PO Box 659791, San Antonio, TX 78265, where the payment will be recorded, and forwarded to the person ordered to receive child support.

11.Child Support After Death

If the person ordered to pay child support dies before this child support order ends, any unpaid child support shall become the obligation of his or her estate.

12.Life Insurance Policy

Check here if the person ordered to pay child support should also be ordered to maintain a life insurance policy for as long as child support is ordered.

As additional child support, the person paying child support under this order is ORDERED to obtain and maintain a life insurance policy on his or her life for as long as child support is ordered. The value of the policy shall be at least as much as the total child support obligation. The person receiving child support under this order must be named as the primary beneficiary for the benefit of the children.

© TexasLawHelp.org, Exhibit Child Support July 2012

Page 3 of 4

13.Required Notices

EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY EVERY OTHER PARTY, THE COURT, AND THE STATE CHILD SUPPORT REGISTRY OF ANY CHANGE IN THE PARTY’S:

CURRENT RESIDENCE ADDRESS,

MAILING ADDRESS,

HOME TELEPHONE NUMBER,

NAME OF EMPLOYER,

ADDRESS OF EMPLOYMENT,

DRIVER’S LICENSE NUMBER, AND

WORK TELEPHONE NUMBER.

THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED INFORMATION TO THE OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO GIVE NOTICE OF THE CHANGE TO PROVIDE 60-DAYS NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE 5TH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE.

THE DUTY TO FURNISH THIS INFORMATION TO EVERY OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.

FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE EVERY OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS.

Notice shall be given to every other party by delivering a copy of the notice to each party by registered or certified mail, return receipt requested.

Notice shall be given to the Court by delivering a copy of the notice either in person to the clerk of the Court or by registered or certified mail addressed to the clerk.

Notice shall be given to the State Case Registry by mailing a copy of the notice to the State Case Registry, Contract Services Section, MC046S, P.O. Box 12017, Austin, Texas 78711-2017.

14.WARNINGS TO PARTIES

FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION TO ENFORCE THIS ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS.

FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE PARTY’S NOT RECEIVING CREDIT FOR MAKING THE PAYMENT.

FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD SUPPORT TO THAT PARTY.

© TexasLawHelp.org, Exhibit Child Support July 2012

Page 4 of 4

Common mistakes

  1. Incorrectly identifying the Obligor: Ensure you clearly write the name of the person ordered to pay child support. Missing or incorrect names can lead to confusion and legal issues.

  2. Not specifying the amount of support: Clearly state the child support amount. Leaving this blank or writing an unclear amount may cause delays in processing.

  3. Ignoring termination events: Familiarize yourself with the events that terminate child support. Failing to acknowledge these can lead to misunderstandings later.

  4. Not providing complete payment details: Include all required information with payments, such as names and case numbers. Incomplete information can delay the distribution of funds.

  5. Overlooking informal payments: Remember that any informal payments made directly to the recipient do not count towards your official child support obligation.

  6. Failing to check the support type: Indicate whether you are using guideline or non-guideline support. This distinction is crucial for the court’s understanding of your situation.

  7. Neglecting to set up a child support account: It’s important to fill out necessary forms to establish a child support account promptly. Delays can lead to complications.

  8. Not notifying changes: Notify all parties of any changes in your address or employment. Failing to do so can result in legal consequences.

  9. Ignoring the consequences of non-compliance: Understand that failing to obey the court order can lead to serious penalties, including fines or jail time. Take your obligations seriously.

Key takeaways

Filling out the Child Support Texas form requires careful attention to detail. Here are some key takeaways to ensure the process is smooth and effective:

  • Identify the Obligor: Clearly state the name of the person responsible for paying child support. This individual is referred to as the Obligor.
  • Understand Termination Events: Child support obligations end under specific circumstances, such as when the child turns 18 or is emancipated. Familiarize yourself with these events to know when support will cease.
  • Specify Payment Amount: If there is one child, fill out the section for a single child. For multiple children, provide the total amount and break it down accordingly. Ensure the payment schedule is clear.
  • Place of Payment: All payments must be sent to the Texas Child Support State Disbursement Unit. Include necessary details like names and case numbers to avoid confusion.
  • Notify Changes: Parties must inform each other and the court of any changes in contact information or employment. This requirement continues as long as there is a child support obligation.

Steps to Using Child Support Texas

Filling out the Child Support Texas form is an important step in establishing financial support for children. This process requires accurate information to ensure that the child support obligations are clear and enforceable. Below are the steps to complete the form effectively.

  1. Begin with the section labeled Person Ordered to Pay Child Support (Obligor). Write the full name of the person who will be paying child support.
  2. In the Events that Terminate Child Support section, review the events listed that can end child support. Ensure you understand these conditions.
  3. Proceed to the Child Support Amount Ordered section. Determine if there is one child or multiple children receiving support. Fill out the appropriate section (3a for one child or 3b for multiple children).
  4. If there is one child, write the monthly child support amount in the space provided under section 3a. If there are multiple children, fill in the total amount for all children on the first line of section 3b, and the amounts for each subsequent child on the following lines.
  5. Next, fill in the Person Ordered to Receive Child Support (Obligee) section with the name of the individual receiving the support.
  6. In the Place of Payment section, write the address of the Texas Child Support State Disbursement Unit as the designated payment location.
  7. Review the No Credit for Informal Payments section. This clarifies that any direct payments made outside of the official process do not count towards the child support obligation.
  8. Decide whether to check Guideline Support or Non-Guideline Support based on the child support amount. If you choose Non-Guideline, provide an explanation for the deviation from the guidelines.
  9. Fill in the net monthly income for both the person paying and the person receiving child support in the designated spaces.
  10. Complete the Child Support Account / Fees section by agreeing to set up a child support account and pay any necessary fees.
  11. In the Income Withholding section, acknowledge that the employer will withhold child support from the paying party’s earnings. If applicable, check the box for Suspension of Income Withholding if both parties agree.
  12. Review the Child Support After Death section. This indicates that unpaid child support obligations will be the responsibility of the estate of the deceased parent.
  13. Check the Life Insurance Policy box if you want the paying party to maintain a life insurance policy for the benefit of the children.
  14. Fill out the Required Notices section, which mandates that all parties must inform each other and the court of any changes in personal information.
  15. Finally, review the Warnings to Parties section to understand the consequences of failing to comply with the child support order.