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You are here: Home / ARTICLES / 7 Things about Child Support for Non-Custodial Parent

7 Things about Child Support for Non-Custodial Parent

By Christopher Migliaccio · Texas Attorney · Texas Bar #24053059
Published: March 29, 2012 · Last Updated: August 21, 2017 · 4 min read

Family law cases in Texas surrounding child support can become complicated. When it comes to a divorce and custody of children, both parties will likely have their own idea on what is best. To better protect your rights, you should speak to a Texas child support lawyer.

Family Law Cases Involving Divorce and Custody of Children

A non-custodial parent is one who doesn’t have primary custody of their child. However, this doesn’t mean that they don’t have rights. It’s just that their rights may be different than the parent who has primary custody.

The parent who has custody of a child makes the decision on where the child will live. While a non-custodial parent cannot make this decision, they still may have the right to spend time with their child. They also may have the legal right to know the whereabouts of their child. For instance, it cannot be kept from a non-custodial parent where the child lives.

While in most circumstances the non-custodial parent is the father, this isn’t always the case. So whether the matter involves the father or mother, there are some common family problems that can arise regardingTexas child support.

7 Things Non-Custodial Parent should know about Texas Child Support

The first thing you should know is that you will need to request a change of status if your child comes to live with you. You will need to do this through your local child support office. However this doesn’t mean you stop paying child support. It must be continued until a court decides it can be stopped.

The second thing you should know is that you must always show up for court when you have been summoned. Otherwise, the decision regarding child support can be made for you.

The third thing a non-custodial parent should know about child support is that if you decide to stop paying, you will likely end up facing a worse situation. Not only could you be facing back payments but there is interest charged as well. Also, you shouldn’t assume that once the child becomes a legal adult, you will no longer be responsible. You will still be responsible for back payment. The longer you went without paying, the more you will owe, especially with the interest.

The fourth thing you should know is that if you are not married, paternity can be established by signing an Acknowledgement of Paternity (AOP). Just because there is a name on the child’s birth certificate, it doesn’t mean there is a legal relationship. This also doesn’t mean there is an obligation to the child when it comes to child support.

The fifth thing a non-custodial parent should know is that if your wages change you should ask for your case to be reviewed. A change in wages includes job loss along with anything else that could affect your monthly income. Don’t just stop paying or reduce your payment.

The sixth thing you should know is by providing accurate, detailed information to the Office of the Attorney General (OAG) you can be sure your monthly payment is congruent with your income level.

Finally, if there is ever a month in which you cannot make the full child support payment, pay any amount, no matter how paltry. This demonstrates you are making some kind of effort. However, be sure to also contact the local child support office so that you can explain to them why you are not able to make your full payment.

Family law cases can become very complicated, especially when it comes to divorce, custody of children and child support. If you want to learn what your rights are and how you can best protect them, you should speak with a Texas child support lawyer as soon as possible.

Contacting a Texas Child Support Lawyer

The attorneys at Warren & Migliaccio have years of experience with family law cases, and we’ll use that training to provide you peace of mind for the future, whatever the circumstances for your divorce or other common family problems. From the initial consultation until the day your divorce is finalized, our Texas child support lawyer team at Warren & Migliaccio is here to advocate on behalf of you and your children. Contact our Dallas law firm today at 1-888-584-9614.

Article Category: Child Support, Family Law

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Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is Co-Founding Partner and Managing Partner of Warren & Migliaccio, L.L.P., where along with Gary Warren he leads a team of attorneys serving Texas families since 2006. A graduate of Thomas M. Cooley School of Law with a B.A. in Accountancy, he oversees the firm's practice areas including debt defense, bankruptcy, divorce, child custody, and estate planning.

Licensed by the State Bar of Texas (#24053059 ✓), Christopher and his team serve clients statewide for debt defense and estate planning matters, while focusing on North Texas families for bankruptcy and family law cases. His unique financial background and nearly two decades of leadership enable him to ensure each client receives compassionate, strategic guidance. He is dedicated to protecting clients' rights and helping Texas families achieve financial stability and peace of mind.

If you have questions about this article, contact Christopher Migliaccio to discuss your situation.

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