Under Texas State law, typically the court is in charge of determining who will pay child support and who will not. The court will always place the best interests of the child or children as the #1 priority. If they deem that it is necessary for your ex-spouse to pay child support to make this happen, then you may be eligible for child support payments.
They of course consider a wide variety of factors when even determining custody and child support, including the following:
- Emotional and physical needs of the children
- If there is any physical or emotional danger from either parent
- Parent cooperation
- Any future plans for the children
- Home life stability for both parents
- Parenting skills
- Geographic location of both parents
- Who the primary caregiver is for the children
- If there is any record of substance abuse or family violence for either parent
- The children’s wishes about where they live, if they are over 12 years of age
Once they have considered all of these different components, the child or children will have primary residence with whichever parent the court decides or whatever the parents have agreed upon. Typically, the parent who spends a majority of the time with their children or maintains the child’s primary residence will receive child support payments, even in joint custody arrangements.
Every case is unique and we realize at Coker, Robb & Cannon, Family Lawyers that going through a divorce is already difficult enough without having to worry about how to make ends meet for your children. If you are in the midst of your divorce or need to modify your existing child support arrangement, our Denton family law attorneys can be of assistance.
For an initial consultation with our family law office, call (940) 293-2313. We have over 95 years’ combined experience helping families throughout Texas.