Child support payments, whether ordered in a divorce decree or through a SAPCR for unmarried parents, are intended to cover a child’s needs until she turns 18 or graduates from high school. Even when child support payments are paid on time and parents generally agree about how to raise a child, there are often still questions about what, exactly, child support payments are intended to cover. 

One grey area that parents frequently wonder about is academic tutoring. As research continues to come out about how lockdowns intended to mitigate the spread of Covid-19 have negatively impacted math and reading scores, parents are scrambling to find ways to help their children catch up. The cost of tutoring can leave parents reeling: Depending on the quality and experience of the tutor, some parents are asked to pay up to $100 an hour. This can result in thousands of extra dollars in costs over the school year and begs the question: Should child support cover tutoring? And, if so, can a child support order be modified to include a tutor’s costs? 

What Does Child Support Cover in Texas? 

Child support payments are meant to cover a child’s basic needs. This includes her medical and dental care, her housing, clothing, and food, and her educational needs. Activities that are considered extracurricular - such as sports, club activities, and summer camps - are generally not included in child support payments. They are seen as unnecessary extras, and, while parents can agree together to enroll a child in extracurricular activities, a parent cannot usually be required to pay for them with child support payments. 

When parents of an underage child get divorced or establish a Suit Affecting the Parent-Child Relationship (SAPCR), child support payments become part of a legally-enforceable court order. These orders are an essential part of making sure a child has the support he or she needs from both parents and sometimes, as time goes by and circumstances change, modifying an order is necessary. Understanding when child support orders can be modified is important for avoiding frivolous suits and increasing the chances of your petition’s success. Read this blog for an overview of when child support may be increased, then call an experienced Texas child support attorney for help with your case. 

When Can a Texas Child Support Order Be Modified? 

During a child support review process (CSRP) or court hearing, a judge will examine both parents’ claims and determine whether a change in child support, such as an increase, decrease, or termination, is necessary and appropriate. Generally speaking, child support orders can only be modified in the following circumstances: 

• A substantial change in circumstances has changed since the original support order was put into place 

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Parents getting divorced in Texas are justifiably concerned about how the divorce could impact their children. In addition to having to possibly move out of the family home, the children must adjust to life with only one parent at a time. Parents likewise experience major transitions during divorce, especially in relation to their children, and one of the most important areas of change is child support.

Parents wishing to save time and money may wonder if they can create a child support agreement on their own without help from a court. To understand more about how establishing child support payments works in Texas, read on.

Can Parents Create Their Own Child Support Agreement?

Parents in Texas are encouraged to resolve issues in their divorce without litigating them in court. While this usually saves time and money, it also spares parents and children the anxiety and conflict of hashing things out in front of a judge.

In most cases, child support terminates when a child turns 18 or graduates from high school, whichever comes last. However, there is one exception to that rule, and that is if the child is disabled. If a child is disabled and unable to care for him or herself, the Texas courts may order indefinite child support be paid to the primary parent. This is the only time that a Texas court can order a parent to continue making payments beyond the age of emancipation. If your child has a disability that prevents him or her from being able to care for him or herself, reach out to the Dallas child support attorneys at Clark Law Group for help modifying your child support order.

Proving Disability is Key

A person may receive or be ordered to pay child support after a child turns 18 if the disability either manifested itself or was known to exist prior to them reaching the age of 18. The disability can either be physical or mental. It is not necessary for the child to be institutionalized or hospitalized to have child support extended indefinitely.

The Dallas courts take child support seriously, as it is payment used to help fund the child's needs and other expenses, including but not limited to clothing, food, shelter, entertainment, schooling, and extracurricular activities. When court-ordered payments are not being made, it can be frustrating to the custodial parent, if not more than a little worrisome. After all, that parent is surviving off a single income and must raise a child (or multiple) on that income alone.

If you are the custodial parent, and if your child's other parent has not and/or refuses to make child support payments, reach out the Dallas child support enforcement attorneys of Clark Law Group. We will advise you on the best course of action to take to recover payments owed to you.

Child Support Enforcement Tactics