What’s the Difference Between Child Support Judgment and Child Support Order in Texas?

Child Support Orders vs. Child Support Judgments  in Texas Family Law

In Texas, the terms “child support judgment” and “child support order” are related but refer to different stages or aspects of the child support process. Understanding the distinction between the two is crucial for parents navigating family law.

Child Support Orders

A child support order is a court-issued directive that specifies the amount of money one parent must pay the other for their child’s financial support. This order is typically established during divorce proceedings or when paternity is determined. The child support order outlines the payment amount, frequency, and sometimes additional financial responsibilities, such as health insurance or childcare costs.

• Establishment: A child support order is created after a court reviews both parents’ financial information and considers the child’s needs, along with state guidelines. This process is governed by Texas Family Code § 154.001.
• Enforcement: Once issued, a child support order is enforceable, meaning the obligor (the parent ordered to pay) must comply with the terms outlined in the order.

Child Support Judgments

A child support judgment, on the other hand, is a legal determination that the obligor has failed to meet its obligations as specified in the child support order. It represents the total amount of unpaid child support accumulated over time. Essentially, a judgment is a formal recognition by the court that the obligor owes a debt due to non-compliance with the original order.

• Creation: A child support judgment typically occurs when the obligor falls behind on payments. The custodial parent or the Texas Attorney General’s Office may seek a judgment for the arrears (unpaid support).
• Legal Consequences: Once a judgment is made, it becomes an enforceable debt. The judgment allows for more aggressive collection methods, such as wage garnishment, liens on property, or the interception of tax refunds. This is in line with Texas Family Code § 157.263.

Key Differences

Here’s a table summarizing the key differences between a Child Support Order and a Child Support Judgment in Texas:

This table helps clarify the distinct roles and functions of a child support order versus a child support judgment in Texas law.

How Child Support is Calculated

Child support in Texas is calculated <span style=”box-sizing: border-box; margin: 0px; padding: 0px;”>as a percentage of the non-custodial parent’s net monthly income, adjusted for factors such as the number of children requiring support and the obligor’s other financial responsibilities. The state uses a formula detailed in Texas Family Code § 154.125 to determine the amount.

• Net Resources: Texas considers “net resources,” which include all income after deductions for taxes, health insurance, and other allowable expenses. For example, the guideline amount for one child is 20% of the non-custodial parent’s net resources, increasing with the number of children.
• Deviations from Guidelines: Courts may deviate from these guidelines if special circumstances warrant a different amount. Factors that may lead to deviations include the child’s special needs, the custodial parent’s income, and the time the child spends with each parent, as per Texas Family Code § 154.123.

Process of Obtaining a Child Support Judgment

In Texas, obtaining a child support judgment begins with filing a petition in court. Either a parent or the Texas Attorney General’s Child Support Division can initiate this process.

• Filing and Initial Proceedings: The petition for child support is filed in the county where the child resides. Both parents are then notified, and a court hearing is scheduled. The court will review the financial information provided by both parents and determine the appropriate support amount.
• Court Hearing: During the hearing, the judge considers factors like the needs of the child, the income of both parents and any prior agreements. If both parents agree on the support amount, the judge may approve their agreement; if not, the judge will issue an order based on the state guidelines.
• Formalizing the Judgment: Once the order is established, it is formalized as a judgment. This judgment is enforceable and remains in effect until it is modified by the court or the obligation ends, as detailed in Texas Family Code § 154.006.

Enforcing a Child Support Judgment

Enforcement of child support judgments in Texas is taken seriously, with several mechanisms available to ensure compliance.

• Income Withholding: The most common enforcement method is wage garnishment, where the obligor’s employer is ordered to withhold the child support amount from their paycheck. This is mandated by Texas Family Code § 158.001.
• Contempt of Court: If a parent fails to pay, they can be held in contempt of court, resulting in fines, jail time, or both. Contempt proceedings are governed by Texas Family Code § 157.001.
• Other Enforcement Tools: Additional enforcement measures include the interception of tax refunds, suspension of driver’s licenses, and liens against property. These are detailed under Texas Family Code §§ 232.001-232.015.

Modifying a Child Support Judgment

Life circumstances can change, and Texas law allows for modifying child support judgments under certain conditions.

• Grounds for Modification: Significant changes in either parent’s financial situation, changes in the child’s needs, or alterations in custody arrangements may justify a modification. This is outlined in Texas Family Code § 156.401.
• Filing for Modification: Either parent can file a motion to modify the child support judgment. The court will review the request and determine if the modification is warranted based on current circumstances.
• Considerations for Modification: The court considers factors like a substantial increase or decrease in income, changes in the child’s living arrangements, or medical emergencies. Importantly, the modification will only apply to future payments, not retroactively, per Texas Family Code § 156.401(b).

Common Challenges and Misconceptions

Navigating child support judgments can be challenging, and several misconceptions often complicate the process.

• Misconception: Child Support Covers All Expenses: Some parents mistakenly believe that child support covers all expenses related to the child. However, it is intended to contribute to the child’s needs, not cover them entirely.
• Challenge: Enforcement Difficulties: Enforcing child support can be difficult, especially if the non-custodial parent is self-employed, frequently changes jobs, or resides out of state.
• Advice: Parents facing enforcement challenges should work with the Texas Attorney General’s Child Support Division, which offers resources and enforcement services.

Legal Assistance and Resources

Given the complexities of child support judgments, seeking legal assistance is often beneficial.

• Legal Aid: Parents who cannot afford an attorney may qualify for legal aid through organizations like Legal Aid of Northwest Texas or Texas RioGrande Legal Aid.
• Attorney General’s Office: The Texas Attorney General’s Child Support Division assists with child support enforcement, modification requests, and general guidance.
• Finding an Attorney: Parents can find a family law attorney through resources like the State Bar of Texas or local bar associations.

Conclusion

Understanding and navigating child support judgments is crucial for ensuring children receive the support they need. Texas law provides clear guidelines for calculating, enforcing, and modifying child support, but the process can still be challenging. By familiarizing themselves with the relevant statutes and seeking legal assistance when necessary, parents can better manage their obligations and ensure their children’s well-being.