The non-custodial parent is expected to pay child support until either the child reaches 18 years of age or the child graduates high school. Note that a child may graduate high school after they reach 18 years of age. But there are special other special situations that can lead to terminating child support legally in Texas.
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Paying Child Support In Texas
Can Parents Agree To No Child Support In Texas?
To terminate paying child support one of the following must occur:
- The child dies
- The child turns 18 or graduates
- The child gets emancipated through marriage or through the removal of disabilities of minority
Only children of age 16 to 17 can petition the court for the removal of disabilities of minority. When a court removes disabilities of minority, it is removing restrictions on a minor’s legal capacity. These are restrictions on the minor’s ability to make financial, medical, and educational decisions.
Exceptions For Early Termination Of Child Support In Texas
How Do I Take Someone Off Child Support In Texas?
A minor that gets emancipated is allowed by law to support themselves and manage their own affairs without the influence of their parents. Minors of age 16 or 17 can get legally emancipate after they get married or join the U.S. military. They can also petition the court to give them the same rights as an adult.
Another exception is when child support payments are extended because the child has a physical or mental disability that requires round-the-clock care and supervision. In this situation, the court may order the custodial parent to pay child support indefinitely.
How Child Support Terminates
How Do I Stop Child Support In TX?
But the child support payments do not stop automatically after the child gets emancipated. You must file a Motion to Terminate Withholding for Child Support and provide evidence of emancipation before you stop the payments. This must be filed in the court that gave the original family court orders.
After the motion is filed the court will review it and then order terminating child support. The court may not give this order if you are past due in child support payments. The court will order you to pay the arrears before the court signs an order terminating child support.
Child Support When Parents Get Back Together
Sometimes divorced parties may rekindle their relationship and start living together. They can petition the court to reduce the child support payments because the non-custodial parent is paying for expenses and bills anyway.
If they separate again, the child support payments will continue and the paying parent will have to pay the arrears. Parents must document any agreement to stop paying child support to avoid disputes in the future.
Child Support Modification
You can file to modify child support if there is a change in your financial circumstances. But the request to modify support is only going to succeed if the change in circumstances is substantial and material. The court is not likely to grant a modification if the changes are temporary or trivial.
Your petition may also have a greater chance of success if the child wants to live with the non-custodial parent. The court may only consider this if the child is 12 years of age or older.