Child support negotiations combine two integral parts of a child custody case. That of supporting your children and working with your co-parent to do so. These twin elements are inseparable. That is true whether you like working alongside your co-parent or not. Indeed, it is difficult to call something “co” anything without the ability to work alongside another person. Cooperation would become auto-operation without the other person. That just sounds messy and difficult.
Of course, cooperating with your co-parent can be messy and difficult. There are many aspects of working with your co-parent that are not especially pleasant. Many of you would not be going through a divorce or child custody case but for a major disagreement that you have had with your co-parent. Some of you may be facing years of tedious and difficult disagreements with your co-parent. That group may not even have a relationship with your co-parent not to mention a functional relationship.
In today’s blog post from the Law Office of Bryan Fagan, we are going to focus our energy on discussing negotiating child support. Just because something is difficult doesn’t mean that the court will give you a “pass” on it. Rather, this is something where you and your co-parent need to work hard to align on what matters most. Namely, the best interests of your child. Today’s blog post will show you how to do that.
Negotiating is an essential part of a family law case
Whether you are involved in a divorce or child custody case there is no doubt that being able to negotiate your way through the case is important. One of the great misnomers about child custody cases is that judges most often determine how the case shakes out. That is simply not true. Rather, parties just like you and your co-parent manage the negotiation and implementation process of various orders related to your children.
How is this accomplished? Through negotiation. Negotiation in a child support context is much more specific than in a divorce or child custody case generally. Here, you can focus your energy solely on the topic of child support. With that in mind, we are not going to look at topics like possession, access, visitation, or conservatorship. Child support is going to be our focus in today’s blog post.
While focusing on one topic like child support does allow you to zero in on a particular issue it does not solve all the difficulties which come with this type of case. Child support is an emotional topic. It combines paying a co-parent money to support your child. That money is representing a significant portion of the noncustodial parent’s income. As a result, noncustodial parents sometimes feel like they have lost control of their money.
The best interests of the child’s standard
In a child support case, the best interest of your child is the standard that matters most. Families like yours are charged by the State of Texas with making decisions that are in the best interests of your child. It is presumed that parents like you and your co-parent make decisions that are in the best interests of your child. Learning what the best interests of your child are means looking at the specific criteria a court would evaluate your situation on.
The best interests of the child standard attempts to consider your child’s life now and in the future. Your child’s emotional, educational, and physical development matters. Both your and your co-parent’s abilities to keep a home and help keep your child safe are also critical factors. When a judge considers all these factors he or she would make decisions about all custody subjects, not only child support. Judges are also able to use their experience to make judgments based on the specific circumstances of your case.
However, as we discussed earlier, child support topics generally come down to negotiations between you and your co-parent. It is only when you two are unable to find a consensus that a judge would intervene and make decisions on these topics. The best interests of the child standard still matter in your negotiations. The orders that you and your co-parent come up with are judged ultimately against the best interests standard. Unless your agreements diverge significantly from this standard the orders will likely be approved by a court.
How does child support function within a child custody case?
Child support is a necessary part of every family law case involving minor children. A question that the Law Office of Bryan Fagan receives with some regularity is whether it is necessary to pay child support. As in, can a family agree that no child support will be paid in your case? The answer to this question is usually, “no.” There are not many situations where child support will not be ordered in your case. The reason is that courts want to ensure that both parents contribute to the financial well-being of their children.
Parents in a child support case go by two different names. The parent who has primary custody of the children is the custodial parent. This parent determines the primary residence of the kids. This means the kids live with the custodial parent. For that parent, caring for the children is a full-time commitment. More possession time means more of an opportunity to pay for incidental and planned costs alike.
On the other hand, the noncustodial parent has visitation rights to the children. Along with visitation rights is the responsibility to pay child support. Paying child support is not a prerequisite for seeing your children. By the same token, just because you are being denied visitation does not mean that you can withhold child support. In either situation, an enforcement case is your remedy. Contact the Law Office of Bryan Fagan to pursue an enforcement case if you are facing a legal dilemma like this.
The amount of child support you pay- where does it come from?
From the outside looking in it can appear random how child support is assigned. Many people have told me over the years that their friend/coworker/cousin pays less than they do in child support even though that other person is a “millionaire.” If nothing else, this is a good opportunity to point out that you cannot always believe what other people tell you. That’s true when it comes to their income or the result of a family law case. Be skeptical or trust but verify.
Most noncustodial parents are ordered to pay child support based on guidelines contained in the Texas Family Code. The guideline level of child support is based on a calculation. Step one of that calculation is to determine your net monthly resources. Salaries, commissions, wages, dividends from investments, etc. all go into your net monthly resources. Getting an accurate calculation of your income and resources is a key step in this process.
Next, the number of children you have before the court is considered. This is not a time-consuming process like income determination. Starting with one child, 20% of your net monthly income goes towards child support. That figure increases up to no less than 40% of your net monthly resources going towards child support for six or more children. Multiply your net monthly resources against the percentage associated with your children and you have your monthly child support figure.
How does the child support go from you to your co-parent?
Assume with me for a moment that you are the parent who pays child support. It is reasonable to wonder how you are going to get the money from your bank account to your co-parent each month. Some people wonder about direct payment of child support. This is no small task. You and your co-parent may have had your own “system” for paying child support in the past. That system may have been related to writing checks, paying cash or even paying for supplies.
Direct payment of child support is a great thing to do. That is until you go through a more formal child support case. In that situation, you should stop paying child support directly to your co-parent. The reason is that these informal payments of child support are not going to be credited to you. The Office of the Attorney General keeps track of your child support payments. They would have no idea about informal child support payments. As a result, it is best to follow their lead when it comes to paying child support.
Making sure that there is a wage withholding order in place is step one. Ensuring your employer is aware of the order and how to follow through with it is step two. Then, following up on the payments is step three. It is your responsibility to make sure that the child support payments are made on time and in full. There is no excuse for the nonpayment of child support. Keep track of your payments to avoid issues in the future with this subject.
When do you start negotiating on child support?
Negotiating child support is something that should start early in your case. It is better to begin thinking about this subject before your case even begins. If you and your co-parent can manage to discuss this subject go ahead and do so. This means having a conversation with your co-parent. Many of us fall into the trap of text messaging or emailing for communication purposes. Certainly, each of these mediums has its purpose but they cannot take the place of direct communication.
This is important for several reasons. Not the least of which is that there is a certain ambiguity that comes with discussing your child support plans over text or email. You need specifics when talking about child support issues. The less ambiguity and questions you have the better. Direct conversations lend themselves more to that level of specificity. Text messaging and emails have their place in the communication hierarchy. However, when it comes to child support negotiations they are at the bottom.
I think this is especially true at the beginning of the negotiations. When you are trying to lay the groundwork for negotiations it works better to lay out your case in person. See if your co-parent will agree to meet with you to discuss these subjects. Put away your phones and preferably do this when the children are with grandparents or something similar. Being free from distractions puts you all in the correct mindset to begin negotiations.
What special needs does your child have?
The beauty of a family law case is that the specific circumstances of your child enter into the discussion early and often. For instance, many people in your shoes believe that child support orders look the same across the board. This is not the case, you must consider the individual needs of your child when negotiating child support. Without a doubt, this is the most important part of a child support case. Namely, being able to put your stamp on negotiations by looking out for the needs of your child.
In a typical child custody or divorce case you are given ample time to negotiate your court orders. These cases are not rushed by any means. Rather, you are allowed to negotiate, counter-propose certain things, and fine-tune the argument. Courts, again, do not enter into the process unless you need them to. You and your co-parent are given sufficient authority to make sure that you can negotiate fully. The more committed you are to the process the better your child’s future tends to be.
Look at your child’s case from his perspective. What does your child need that the court may be unaware of? The guideline levels of child support do not consider children with special needs, for instance. If your child has a special need then that may need to be considered. Out-of-pocket medical expenses, therapy, and things of this nature may need to be accounted for in child support. Or, you should consider them within the context of cash medical support.
Finding middle ground- the key to child support negotiations
When it comes to negotiating your way through child support it is important to find a middle ground. This means looking at where you are and where your co-parent is. If you two are apart in your negotiations then see what is in the middle. The child support negotiations you two engage in are unique because of how math works. There is a middle ground between your two numbers. If that middle ground is acceptable then that is where your negotiations may end up.
Another topic we have not touched on yet is medical insurance for your children. A family court judge will make sure that your child is covered by some kind of insurance for health. That could be provided by your employer or that of your co-parent. If your co-parent provides health insurance then you need to reimburse her for those costs. Again, negotiation on this topic is key. The last thing you want is for your child to have medical costs that are not covered by insurance.
Finally, figure out how to handle those costs which are not covered by insurance. These out-of-pocket expenses should be divided between the two of you. Many people see to it that these costs are divided evenly. However, based on your income this may not be appropriate. In most divorce cases this does not tend to be a highly contentious issue. However, the more directly you address this topic the better off your child tends to be in the long run.
Final thoughts on child support
The Law Office of Bryan Fagan thanks you for joining us here on our blog. We know that child support is an unpleasant subject to discuss. You want what is best for your child. However, in between that desire is your co-parent who you do not always see eye to eye with. That you now must coordinate your efforts from separate households makes this a tricky subject. Paying money from one person to another adds another layer of complexity. Do not lose focus or confidence in yourself. Arm yourself with the tools learned today and then take the next step.
The Law Office of Bryan Fagan has office locations across the State of Texas. No matter where you are, our office has a location to suit you. Additionally, we offer consultations over the phone or via video. Whatever medium suits you best we are here to help. The family courts are no stranger to the attorneys with the Law Office of Bryan Fagan. Our entire practice is geared towards the service of our clients and their families.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
