Navigating child support without divorce is a common concern for many parents who may be separated but not yet ready to legally end their marriage. At Albin Oldner Law, we understand that ensuring the well-being of your children is paramount and obtaining financial support is a critical aspect of this responsibility. Here’s what you need to know about securing child support without divorce in Texas.
If you have any questions, don’t hesitate to contact our Frisco child support attorney at (214) 423-5100. We’re here for you and your children.
Understanding child support in Texas
In Texas, both parents are legally obligated to support their children financially. This obligation exists regardless of whether the parents are divorced, separated, or never married. According to the Texas Family Code Section 154.001, a parent can seek child support through the legal system to meet the child’s basic needs.
How to obtain child support without divorce
Filing for child support
To initiate a request for child support without filing for divorce, you would typically start by establishing paternity (if necessary) and then filing a petition for child support with the family court. The Texas Office of the Attorney General (OAG) can facilitate this process, providing services to help establish and enforce child support orders.
Child support orders from family court
Once a petition is filed, the court will assess the child’s financial needs and the income and circumstances of both parents and then issue a child support order. This order will outline the amount of child support that one parent, typically the non-custodial parent, must pay to the custodial parent.
Key considerations for child support without divorce
Legal separation and child support
Texas does not recognize legal separation; however, parents can still live apart and have formal arrangements regarding child support and custody. These arrangements can be made through a Suit Affecting the Parent-Child Relationship (SAPCR), which legally determines child support, custody, and visitation rights without needing to file for divorce.
Voluntary child support agreements
If both parents agree on a child support amount, they can voluntarily agree. However, it’s wise to have this agreement approved by a judge, who can make it enforceable as an official court order.
Enforcing child support
Whether you have an informal agreement or a formal court order, if the parent obligated to pay support fails to do so, you have legal recourse. The Texas OAG can assist in enforcing child support orders, including locating the non-paying parent, garnishing wages, and intercepting federal payments like tax refunds.
How Albin Oldner Law can assist
At Albin Oldner Law, we provide compassionate and knowledgeable support to parents seeking to navigate the complexities of obtaining child support without divorce. Our experienced family law attorneys can help you:
- Understand and navigate the filing process for child support.
- Represent you in any hearings or negotiations.
- Ensure that your child support order is fair and meets your child’s needs.
- Assist with enforcement issues if the other parent fails to meet their obligations.
Securing child support is vital for your child’s well-being and development. If you’re seeking “child support without divorce,” it’s crucial to have experienced legal professionals to guide you through each step of the process. For more information or to discuss your specific situation, please contact Albin Oldner Law. We’re here to help you ensure your children have the financial support they need.