TEXAS Child Support Question for My Dad

Updated on June 10, 2010
E.C. asks from North Richland Hills, TX
10 answers

My parents divorced the end of last year and the child support went in effect earlier this year. I have a brother who will be 16 the end of this month. My dad pays child support every two weeks and pays insurance.

What else is he liable to pay. My mom is asking for clothing money almost every month, etc and is asking him to pay it all. My dad is paying her a lot of money a month. My brother is going through a phase that my mom caters too. Getting him really whatever he wants. He will ONLY wear certain clothing. Brands arent a biggie. It is a style. He is completely EMO right now. Skinny jeans, tigh band shirts, straightens his hair etc.... The jeans he wants are $40-50 shirts are $20-30 and she gets him these. Now she is asking for my dad to pay them all.

So what is he really liable for. My mom is the type to take advantage and I don't want to see that happen to my dad.

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So What Happened?

Edited question because some responses below did not pertain to any question that was asked. This ? is in reference to my dad not me. My daughter's father's rights were terminated a week after bith by a judge because he was abusive. No child support, no isurance and no contact till her 18th birthday. I am not looking for any responses to my situation just my dad's. Thank you.

More Answers

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M.R.

answers from Dallas on

First of all, I know how it's like to be a single mother and I sympathize with you. I know some people can be REALLY RUDE and if they don't have anything in regards of your questions then don't say anything at all. You have enough to deal with then having to deal with RUDE/UGLY people like that.

Secondly, If it's court ordered as far as your dad goes. He is ONLY responsible for child support, medical insurance and 50% of medical costs that insurance does not cover and that is it. Your dad should buy clothes that stays at his house while his son stays with him and his mom buys the clothes that stays with her. If she choses to buy expensive clothes that her choice but it is definitely not his responsibility to pay 1/2 or all. If he want to help contribute that's up to him. If your mother allows her son take advantage of her and get her to buy the expensive clothes that's her problem. Me personally, If he really wants those clothes then he should start getting a job as he is 16 and old enough to get a job to buy his own clothes. I started working when I was 14 and would buy myself anything I wanted; clothes, going out, etc..

As for you I would contact the attorney generals office or contact an attorney or call legal aid and find out your rights.

Good luck and I hope this helps.
M.

1 mom found this helpful

B.C.

answers from Dallas on

If it's court ordered, he only has to pay what is court ordered.
If not, and he isn't liking the arrangement, then he needs to take her to court to get it settled.

V.W.

answers from Jacksonville on

1) As to your own situation... just because the father's parental rights are terminated, does not mean that he is not liable to provide financial support for the child. Check into this with an attorney, because your child needs to be supported financially. This also includes things like medical insurance. Please follow up on this. His rights may be terminated, but your child's rights (to be supported) are not. Unless your child has been legally adopted by another party as her father, the guy with no parental rights is still obligated to provide financial support.

2) Unless your dad's divorce decree states specifically that he is to provide additional funds for clothing, then NO. That is part of the child support!! That's what the $$ he is sending is for.... that, and a roof over his head, and food in his belly. He also is providing for the medical expenses/insurance (which are set out as a separate item). If Dad WANTS to buy him extra clothing, or wants to contribute additional monies toward clothing, fine. But that is far different than being required to do so. It falls into the same category as Christmas gifts.... Is he required to give her $$ to buy son Xmas presents? no. If he wants to provide those extra things, he can. If she wants to use the $$ he pays for support to provide Xmas presents (instead of wasting it- imho- on expensive faddish clothing) then that is up to her. He provides the funds the court has determined is his appropriate share to provide for his son's well-being. SHE gets to decide the best way to spend it. If she doesn't budget very well, or can't tell her son "no"... that's HER problem.
Maybe you could have a joint appointment with an attorney (you and your dad together) and find out some of the finer points of your situations. A single sit down consultation should cost you less than $200 for an hour, and sounds like it could save you both a bundle long term.

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S.B.

answers from Minneapolis on

It does sound like your mom is really taking advantage of your dad :( That must really put you in a tough spot.

Your dad needs to look at the language of the child support agreement to see what the 'rules' are as far as any shared costs. If nothing is mentioned about extras like clothing, then he is technically not liable. However, that doesn't mean he can't help out if he wants to. It does sound like maybe he doesn't agree with all the money that is being spent on his son, and that is OK. Perhaps rather than your mom bugging him for money on every little thing, he can set a monthly amount (if he wants) for the "extras." Teenagers ARE expensive to raise :) He could say tell her "I am helping pay for his clothing and hair and the other stuff by paying child support. However, I recognize that teenagers are expensive. Therefore, I offer you $50 (or whatever) extra a month strictly for those expenses. If Johnny needs more that that, you will have to do it yourself or Johnny needs to get a job." He could also consider giving Johnny (or whatever your brother's name is) a gift card every month to his clothing store of choice for X amount and tell your mom that is all he is willing to do. If she wants to buy into Johnny's obsession for certain clothing, that is her business.

It's a tough situation, all right. Good luck to your dad - I hope that he is able to find a good solution.

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J.C.

answers from Anchorage on

He is only liable for the child support, insurance, and to provide care/food/shelter when the child is in his care. Clothing and the like are completely up to him, he has no obligation beyond the child support, that is what that money is for. The idea is that the child support should be about half of what is needed for the care each month, with the mother providing the other half, and both maintaining a safe and stable home on their own where the child can live/stay.

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L.N.

answers from New York on

whatever the divorce decree states that is what he is liable for. the clothes, even if the agreement does not address that issue, he should pay for 50 epr cent of clothing for his son, BUT not every month. meaning he can always say no to your mom.
no means no.
but a 16 year old who is into his looks, wants certain look is going to ask for things. that is not your mom's fault. your mom's fault is for not saying no when asking becomes excessive.

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M.A.

answers from Houston on

How can you have a kid and NOT know your rights? That just seems , well, stupid. I dont mean that as an insult, but, you really need to educate yourself with your rights and KNOW what is deserving to you.

As far as you and the baby are concerned...perhaps spend more time with thoughts with you and your kid and NOT with your "MAN-LY" family members. If they were "MEN", you would not be worried about support.
I hope all works out for you and your CHILD!! After all, the baby is MOST important.

T.K.

answers from Dallas on

Is the child support agreement through te Texas Attorney General? If so his responsibilities are 20% of his income for child support, unless he has other cases through the Atty General they will reduce that percentage. Medical Insurance and half of anything not paid by the insurance. That means half of the copays, prescriptions, any medical out of pocket.
https://www.oag.state.tx.us/AG_Publications/pdfs/qa_ncp.pdf
This is a Handbook for Noncustodial Parents.

K.C.

answers from Dallas on

He does NOT have to pay for that. The only thing he is liable for is the court order payment of child support and health insurance. Anything else, the mother is required to supplement. She is definantly trying to take advantage. Don't let her!!

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M.B.

answers from Dallas on

Unless the decree specifically states that your dad must also pay for clothing beyond what he pays for child support, the child support is intended to cover just that sort of expense. Child support is intended to cover food, clothing, shelter, etc. for the child - i.e., the basic stuff. The medical is usually on top of that because it can be a whole lot more money. Now, my decree also states that if my ex buys my sons something when they are with him, that is above and beyond child support - i.e., he can't short the child support (or medical) because he buys them jeans. As your note, your mom is just trying to get more money from your dad that likely is above and beyond what's in the divorce decree. It's really up to your dad if he wants to give in.

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