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Child Support and Visitation Rights: Understanding the Connection in Texas

Family Lawyer

In Texas, child support and visitation rights are two critical components of divorce and child custody cases. Understanding how these elements are connected and the laws governing them can help parents navigate their responsibilities and rights more effectively. This blog will provide an overview of how child support and visitation rights are determined in Texas, how they interact, and what to do if issues arise.

Determining Child Support in Texas

Child support is a financial obligation meant to ensure the well-being of the child. It is calculated based on guidelines set forth in the Texas Family Code, primarily focusing on the non-custodial parent’s income and the number of children requiring support.

Factors Considered in Calculating Child Support

  • Income of the non-custodial parent: This includes wages, salaries, commissions, and bonuses.
  • Number of children: The amount of support increases with the number of children being supported.
  • Health insurance and medical expenses: The cost of health insurance for the child is factored into the support calculation.

The guidelines provide a percentage of the non-custodial parent’s net income that should be allocated to child support. For instance, if there is one child, the parent might be required to pay 20% of their net income.

Determining Visitation Rights in Texas

Visitation rights, or possession and access, allow the non-custodial parent to spend time with their child. Texas law encourages frequent and continuing contact between the child and both parents, assuming it is in the child’s best interest.

Standard Possession Order (SPO)

The Standard Possession Order (SPO) is a guideline used to outline visitation schedules. For parents who live within 100 miles of each other, the SPO typically includes:

  • Weekends: The first, third, and fifth weekends of each month.
  • Weekdays: One evening per week during the school term.
  • Holidays: Alternating holidays and extended periods during the summer.

If parents live more than 100 miles apart, the schedule may be adjusted to account for the distance.

Connection Between Child Support and Visitation Rights

One common misconception is that child support payments and visitation rights are directly linked. In Texas, these two issues are treated separately by the courts.

  • Payment of child support does not grant visitation rights: Even if a parent pays child support, they must still follow legal procedures to establish visitation rights.
  • Denial of visitation does not excuse child support payments: If the custodial parent denies visitation, the non-custodial parent must continue to pay child support and address visitation issues through the court.

Addressing Issues with Child Support and Visitation

Problems can arise in both child support and visitation arrangements. Here are steps to take if issues occur:

Child Support Issues

  • Non-payment of support: If the non-custodial parent fails to pay, the custodial parent can seek enforcement through the Texas Attorney General’s Office. This may involve wage garnishment, property liens, or other legal actions.
  • Modification of support: If there is a significant change in circumstances, such as a job loss or increase in the child’s needs, either parent can request a modification of the support order through the court.

Visitation Issues

  • Denial of visitation: If the custodial parent denies visitation, the non-custodial parent can file a motion to enforce the visitation order. The court can impose penalties on the custodial parent for non-compliance.
  • Modification of visitation schedule: Changes in circumstances, such as relocation or changes in the child’s needs, may warrant a modification of the visitation schedule. This requires a court review and approval.

Conclusion

Understanding the distinction and connection between child support and visitation rights is crucial for parents in Texas. While both aim to support the child’s well-being, they are legally independent of each other. Ensuring compliance with both child support payments and visitation schedules is essential for maintaining a stable environment for the child. If disputes arise, seeking legal advice from a qualified family law attorney can help resolve issues and protect your rights and interests.