Handbook For Noncustodial Parents
Handbook For Noncustodial Parents
noncustodial parents
introduction
unemployed, underemployed
particularly complicated
legal
services
If they could afford to, most people would hire a lawyer
to handle matters like establishing paternity, setting child
support orders, and developing an order establishing
conservatorship, possession and access (what most
people call custody and visitation). Many parents cannot
afford to hire a private attorney. To help those parents, the
OAG distributes this handbook in order to provide basic
information about paternity establishment, child support,
conservatorship and possession orders. It is not meant to
take the place of legal counsel.
The Child Support Division of the OAG is the public child
support agency for the State of Texas. Attorneys from
the Child Support Division represent the interests of the
State. They do not represent the custodial parent, the non-
custodial parent or the child. Either parent can apply for
paternity establishment and child support services.
TEN THINGS
ten things
Noncustodial
noncustodial
PARENTS SHOULD KNOW
parents should know
ABOUT PATERNITY AND
about paternity and
CHILD SUPPORT
child support
4. The OAG does not represent the custodial parent – the
OAG represents the State of Texas.
10. If your child comes to live with you, notify the child
support office and request a change of status. You
should keep paying child support until you are told by
the OAG or the court that you are no longer required
to do so.
PATERNITY
establishment
What does “paternity” mean?
Both legally and biologically, the word “paternity” means
fatherhood. In Texas, if a biological father is not married
to the mother of his child, he is not considered to be
the legal father of his child until paternity is established
through a legal process. Until paternity is established,
the father has no legal rights with his child and his child
has no legal connection to him.
the father. If a father has not established paternity,
and something happens to the mother and she cannot
care for the child, the child may go into foster care or
other state-ordered custody instead of staying with
the father.
If you receive a court summons identifying you as
the father of a child (either the mother or the State
claims that you are the father), you must respond
to the court or to the OAG before the court date
on the summons or you may be made the legal fa-
ther of the named child by default. If this happens,
you are legally and financially responsible for the
child. Child support will be ordered and you will be
required to pay. Many men think that if they don’t
show up in court, nothing can happen and they
can’t be made to pay support. This belief is abso-
lutely false. If, for any reason, you cannot appear
in court, you must file an answer (a simple writ-
ten response) stating that you are not the father of
the child and you would like a genetic test. The
answer must be filed with the court and with the
OAG before the court date.
• You will have the right to ask the court for specific days
and hours of visitation if you and the mother are no
longer together and cannot agree on visitation.
• Your name can go on your child’s birth certificate.
For Children:
• Your child is eligible to receive Social Security, military
and veteran’s benefits you may have earned.
• If you have medical insurance, your child may be eli-
gible to receive it as well.
• Your child will benefit by knowing you legally claimed
him or her.
• Your child will have your name on his or her birth
certificate.
10
I was not married to the mother of my child and I am
an undocumented immigrant. I want to be declared
the legal father of my child. What should I do?
Legal immigration status is not a requirement for estab-
lishing paternity. You have the same opportunities avail-
able to you as are available to any other unwed father
regarding establishing paternity:
• You and your child’s mother may sign an Acknowledge-
ment of Paternity (AOP) form.
• You may go to court and appear before the judge. He or
she will review the evidence and make a ruling
regarding paternity and child support.
• You may open a child support case and participate in
a Child Support Review Process (CSRP).
11
1) You can file a legal document known as a Petition to
Rescind. You may only file a Petition to Rescind if you have
not been part of a court case concerning the paternity of
the child. If both you and the mother agree that you are
not the father, after you file the Petition to Rescind, the
court can declare that you are not the father. However,
the court may hold a hearing to consider other evidence
to determine if you are the father. If the child’s mother
receives welfare benefits, the State must also be at the
hearing. If there is not agreement as to whether you are
the father, the court will hold a hearing to determine
whether you are the father. Rescinding an AOP will likely
require the assistance of an attorney.
12
interest before making a ruling. Additionally, you must
file a lawsuit to contest the AOP within four years of the
form’s filing. Contesting an AOP will likely require the
assistance of an attorney.
13
Establishing the legal father of a child offers benefits for
everyone involved. For example, the child gains a sense of
identity once a legal father has been named. You will have
the right to ask the court for visitation if you are deter-
mined to be the legal father. The mother will be able to
receive financial assistance to help care for your child.
14
support, conservatorship and visitation, and everyone
signs the agreed order. CSRP negotiations generally take
45 minutes to an hour and can be scheduled at times that
are convenient for you and the other parent.
15
For parents who live more than 100 miles apart
• the weekend schedule may remain the same or be one
weekend per month
• there is no mid-week visitation time
• the holiday schedule remains the same (alternating holidays)
• the child(ren) will be with the noncustodial parent every spring
break and for a longer extended period in the
summer (42 days)
The court may modify the Standard Possession Order
based on the child’s best interest. For example, if the
child is very young (under three), or if the noncustodial
parent has had very little or no previous contact with
the child, it is generally not considered in the child’s
best interest to be placed immediately in the noncusto-
dial parent’s care for extended periods of time. In those
instances, the court may order a Modified Possession
Order in which the visitation times start off shorter
(maybe every Saturday for four hours) and then get
longer and longer until the Standard Possession Order
is reached. Once again, the ultimate concern of the court
is to determine what is in the child’s best interest.
16
• the emotional and physical danger to the child now
and in the future;
• the parenting abilities of the individuals seeking
custody;
• the programs available to assist these individuals in
promoting the best interest of the child;
• the plans for the child by these individuals or by the
agency seeking custody;
• the stability of the home or proposed placement;
• the acts or omissions of the parent, which may
indicate that the existing parent-child relationship is or
is not a proper one; and
• any excuse for the acts or omissions of the parent.
17
The first step most men take is requesting a genetic test
for the mother, the child and themselves. If you request
the tests, the court will order each of you to take one. If
the parties submit to genetic testing, the results of those
tests will be a part of the paternity trial.
18
You can register before the baby is born, but you must
register no later than 31 days after the birth of the child.
You will not be charged any money for registering with
the Paternity Registry. Not registering can have seri-
ous consequences. It may lead to your parental rights
being terminated if you cannot be located. If you do not
register, you will be notified of a potential adoption only
if you have filed a suit to establish paternity before your
parental rights are terminated.
19
CHILD
child
SUPPORT
support
20
How does the court decide how much child support
I should pay?
Texas has established a formula to calculate the amount
a noncustodial parent should pay for child support. If
your net monthly income is less than $7,500, Texas law
has established the following guidelines for child sup-
port payments. The payment amount is based on your
net income each month.
• 20 percent for one child
• 25 percent for two children
• 30 percent for three children
• 35 percent for four children
• 40 percent for five children
• Not less than 40 percent for six children
Special rules apply in cases of split or joint placement or
multiple children in different households.
21
I have children who have different mothers. We are
going to court to determine the amount of support
that I should pay to one of the mothers of my chil-
dren. How will the court determine the amount of
child support that I owe?
When you have children in different households, the
court uses a multiple household formula to determine
the amount of support you must pay. It is important that
you let the judge or child support review officer know
that you support other children who have a different
mother.
22
to get a child support attorney to agree to this. If the
court agrees with the decision concerning the amount of
child support, the court will enter the agreement as an
enforceable order of the court. However, the court must
find that the written agreement serves the best interest
of your child.
23
Why is the amount I am required to pay greater than
my weekly child support amount?
There are many reasons the amount of money you pay
each week can be greater than what is stated in your
order. For example, you may have fallen behind in pay-
ing your child support. When you fall behind in your child
support payments, you will have to pay your current
amount of support plus an additional amount to cover
what you were unable to pay in the past. You will also be
charged interest at the rate of six percent per year on
any past due child support.
24
What if I lose my job or I am unable to pay
child support?
If you lose your job, make less money than you used
to, or become physically disabled and unable to earn
an income, you should notify the Office of the Attorney
General (OAG) and the court immediately. However, sim-
ply telling the court clerk or the Child Support Division
of the OAG is not enough to reduce the amount of child
support you owe. You must obtain a new order from the
judge. Many people will go to a lawyer for assistance
with a modification, but you can also ask for assistance
from the OAG child support office handling your case.
25
Many noncustodial parents believe that if they
fall behind on their child support payments for
a legitimate reason, the court will reduce or
dismiss what is owed once an explanation is
given. This is not true. If you wait to explain your
changed circumstances, the court will not be able
to reduce the back payments you owe. It is very
important that you notify the court immediately,
provide proof of the reduction in income, and ask
that your payments be reduced accordingly. If you
do this, the court may temporarily or permanently
reduce the amount of future payments.
26
support payments to take part in one or more of these
services. If you have been ordered to attend any of these
programs and you do not complete them, the court may
impose sanctions on you, including suspension of your
driver’s license and/or jail.
27
My child support order was reduced during my
prison term. When I get released from prison, what
might happen to the amount of money that I will owe
in child support?
If your child support order was reduced while you were
in prison, your release is considered a material and
substantial change in circumstances. When there is a
material and substantial change in circumstance, the
court may change your child support order. As a result,
the amount you pay in child support will likely increase to
reflect your earnings after your release from prison.
28
How does not paying my child support affect my right
to see my child?
Child support and visitation are separate issues. Not
paying child support should not affect your ability to
see your child. There are many other penalties that
are likely to occur if you do not pay child support.
Some of these penalties include: posting your picture in
private and public locations and in the news, revoking
your driver’s license, taking your tax refunds, denying
occupational licenses, denying you state loans or grants,
and placing you in jail.
29
CONTACT
information
BY US MAIL
Office of the Attorney General
Greg Abbott Child Support Division
Attorney General
of Texas P. O. Box 12017
Austin, TX 78711-2017
ON THE INTERNET
Web site - www.texasattorneygeneral.gov
E-mail - [email protected]
BY TELEPHONE
REGIONAL CALL CENTERS AND
ADMINISTRATIVE OFFICES
Harris County: (713) 243-7100
Dallas/Tarrant County: (972) 339-3100
Bexar County: (210) 841-8450
Travis County: (512) 514-7000
Lubbock: (806) 765-0094
McAllen: (956) 682-5581
Tyler: (903) 595-6900
El Paso: (915) 779-2388
rev 02/10