HomeChild SupportIs “Child support” an obligation when you get divorced in Texas? We dont want to fill Child Support order!?
Posted in Child Support on 5th November 2010

Is “Child support” an obligation when you get divorced in Texas? We dont want to fill Child Support order!?
My husband is the Best Father in the world,he loves our twin girls (5 years old). I’am 100% sure he will provide any amount for my girls support.We have filled a petition for divorce, but we both agree to DO NOT fill a child support order. Can the Court agree with us??

Best answer(s):

Answer by letterstoheather
Your attorney can make the request.

Answer by Mr. Taco
If you two agree on it, then child support will not be required. It ultimately is up to you. Whoever has primary custody has the right to request child support. But if they don’t want it, then it is not obligatory.

That said, if he does want to support the children, the best thing for BOTH of you is to make it official. By setting in writing what you both agree to do to help, it reduces any disagreement or confusion over what is expected. Both parties are protected. Leave it open-ended, and anything can happen. Things change. The smart thing is to get the child support, even if you are 100%. You say he will provide any amount, then why not just make it official?

Good luck!

Answer by fly1stlady
no.only if he doesnt help you than that him to court.

Answer by hearts on fire
No. my husaband divorced his ex wife here in TX and got custody of his kids and they didnt make her pay child support. When I got divorced from my ex hushand here in TX I had to request for child support .

Answer by Otis F
Yep. My divorce was final this year. I do not pay any child support. However, I do pay $ 405.00 per month for health insurance to cover them (and me) on my employer’s health plan.

Answer by lorisam7879
It is not an obligation if you two can show you agree on custody and he’ll pay whatever is needed.
I do have to agree with the other answer…while he may be the worlds best dad its still a good idea to get everything in writing. As hard as this is to believe people change. IF for some reason he were to remarry and “change” his mind about paying, etc. you would be out of luck.
Best for all involved to get everything in writing, to protect everyone especially the kids.

Answer by George McCasland, Papa Bear
♦♦♦♦♦♦♦♦♦♦
Yes, but there is a drawback. Should circumstances arise requiring you to seek state aid, they would file against him, along with the possibility of retroactive support. They would attempt to have anything provided by him declared a gift and not support.

The child support guidelines are just that, not cut in stone. You can mediate a separate amount, than have it go into a college or emergency fund.

Federal Public Law Record
SEC. 103. STATE GUIDELINES FOR CHILD SUPPORT AWARD AMOUNTS.
(A)(a) GUIDELINES TO CREATE REBUTTABLE PRESUMPTION.-Section 467(b)
of the Social Security Act is amended-
(1) by inserting (1) after (b):
(2) by striking, “but need not be binding upon such judges or other officials;” and
(3) by adding at the end the following new paragraph:
(4) “There shall be a REBUTTABLE presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established the State, shall be sufficient to rebut the presumption is that case.”

I pray tell you are taking all the necessary to keep the marriage together. No divorce is good for the kids.

Stanford University
Divorce, Nontraditional Families, and Its Consequences For Children
“We know that children of divorced parents have more emotional and behavioral problems and do less well in school than children who live with both their Parent.”
http://www.stanford.edu/~rmahony/Divorce.html

Here some books I would recommend. Check the library.

The Proper Care and Feeding of Marriage
http://search.barnesandnoble.com/The-Proper-Care-and-Feeding-of-Marriage/Dr-Laura-Schlessinger/e/9780061142826/?itm=4

Woman Power: Transform Your Man, Your Marriage, Your Life
http://search.barnesandnoble.com/Woman-Power/Laura-Schlessinger/e/9780641817847/?itm=6

Ten Stupid Things Couples do to Mess up Their Relationships
http://search.barnesandnoble.com/Ten-Stupid-Things-Couples-do-to-Mess-up-Their-Relationships/Laura-Schlessinger/e/9780060512606/?itm=7

Ten Stupid Things Women Do to Mess up Their Lives
http://search.barnesandnoble.com/Ten-Stupid-Things-Women-Do-to-Mess-up-Their-Lives/Dr-Laura-Schlessinger/e/9780060976491/?itm=3

Ten Stupid Things Men Do to Mess Up Their Lives
http://search.barnesandnoble.com/Ten-Stupid-Things-Men-Do-to-Mess-Up-Their-Lives/Laura-Schlessinger/e/9780641865411/?itm=8

Stupid Things Parents Do to Mess Up Their Kids
http://search.barnesandnoble.com/Stupid-Things-Parents-Do-to-Mess-Up-Their-Kids/Laura-Schlessinger/e/9780060933791/?itm=12

Finally, if this divorce has to happen, instead of shifting the kids between you, grant them joint custody of you.

http://tinyurl.com/GiveKidsAChoice

Answer by Hugh Jasole
THE JUDGES AND WORM @SS ATTORNEYS MAKE A LIVING TO SCREW LIVES UP AND MAKE MONEY OFF IT SO THEY CAN HAVE THIER NICE CARS AND HOUSES,WHEN THERE IS A DIVORCE AND KIDS INVOLVED,THE JUDGES AND LAWYERS WONT CARE ABOUT YOUR REQUEST WHEN THERE IS A $ SIGN IN IT.ONE QUESTION,WHO IS “WE” YOU AND YOUR SIDE OF THE FAMILY OR YOU AND YOUR NEW WEANER TO JUMP UP AND DOWN ON.WHY ARE WOMEN SO SELFISH AND COLD

Answer by trouble_11668
I DO NOT recommend this. He may be the best dad, but what happens when Ms Stepmom comes in the picture? I am a great stepmom and I would never do that but there are some crappy women out there.

The best thing to do is to protect your KIDS (note I say kids and not you) Even the best guys can go through a bad time.

I would have never guess that my kids dad wouldn’t have paid child support but he ended up with this witch for a year and never paid child support or saw the kids….thank God he isn’t with her any more!

This is your responsability to make sure your children are taken care of and protected. It’s not saying he is a good or bad dad to have child support order in place…it keeps things even and fair.

Answer by Arthur W
No, due to past history of Dads agreeing to one thing but doing another all courts will put into place child support. now the amount may be adjusted especially if you two agree to something outside the court. The courts want the non custodial parent to help somehow in raising the child and to help offset the cost for the custodial parent, they came up with child support and to help keep the child off the tax system. Now how he helps you financially is totally up to you two if you agree outside the courts but be prepared as the Judges dont always accept these agreements nor are they required to. The court order for support is usually turned over to local collection agencies to make sure everyone follows thru

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