Today there are very many good mothers and fathers that do not have custody of their children. Unfortunately, due to the system being ever so weighted against the non-custodial parent. Many face unjust predicaments, unjust punishment, and un timely precedings. We must change the way we handle these cases. Numbers may not lie, but they don't always tell the whole story.

Many stories are on the web about parents falling behind on Support, while it is very important to support your children, things happen, problems arise, job loss, income change, and so much more.  Many are under resourced or do not know how to make changes or get help when needed.  The process to make a change is flawed.  We must be more proactive in helping the non custodial parents when situations arise. 

To:  State of Texas Legislature

PETITION TO THE STATE OF TEXAS

We, the undersigned citizens of Texas, draw the attention of the State of Texas Legislation and the Texas Attorney General to the following:

THAT, the Texas Child Support Guidelines are unfair to families of parents who pay child support (non-custodial).

THAT, the non-custodial parent is illegally and unambiguously “sentenced” for the entire amount of child support without due process in cases where driver’s licenses, US Passports are confiscated or denied due to past child support obligations even thought the parent may be paying on time or have a proven payment record for years. Texas Child Support Guidelines create “undue hardship” to enjoy the Freedom of traveling, vacations, life and civil liberties of enjoyment. Second family concerns are very rarely accepted as a reason to lower child support and extra-expense obligations to the first born.

THAT, the non-custodial parent is punished due to past child support obligations even though the parent paying has a proven record of paying, attempting to pay, or doing what he/she can to participate in taking care of the needs of the child.

THAT, Child support laws are unfairly weighted in favor of the custodial parent

THAT, There are no emergency guidelines to protect non custodial parents of falling behind or face jail time to due to inadequate resources to pay the current order.  Many parents have a change in material circumstances and the process to adjust can take un fair amounts of time and resources that may not be available.

THAT, there are no guidelines that take into account mitigating factors, relationships with child, and unjust collection of payments through coercive action. 

THAT, there are no safeguards in place to protect the non custodial parent from unfair/ vindictive custodial parent action.

THAT, Fundamentally if non custodial parent loses his/her business, job, source of income the current order can stay in place for many months leaving the parent in contempt and very vulnerable.

THAT, the guidelines do not recognize the financial needs of any “second” children a non-custodial parent may have in his care (in an intact family) when assigning the child support and “extra-ordinary” amounts to be paid for the “first” children.

THAT, the formula which calculates how much child support is to be paid contains 3 assumptions, i) that a non-custodial parent has no other children in his/her care to financially support and ii) that the non-custodial parent is single and has minimal expenses, iii) other roles the non custodial parent and family take and participate in.

THAT, the non-custodial parent often has to pay “extra-ordinary” expenses, in addition to child support, considerably increasing the amount they are obligated to pay.

THAT, only the income of the non-custodial parent is used in determining how much child support to pay, and there are no provisions for ensuring the basic living expenses of the non-custodial parent (and 2nd children) can be met, after child support and extras are paid.

THAT, there is no consideration in the guidelines for the additional expenses non-custodial parent s’ incur while caring for their children on their access time, above and beyond child support payments to the recipient, causing the non-custodial parent to pay “twice”.   

THAT, child support payments are based on “gross income”, the non-custodial parent pays tax on the child support as if that income stayed in his/her household. The income is tax free to the recipient and his/her taxes are further reduced by dependent child exemptions and the child tax credits. These tax benefits and credits are not available to the non-custodial parent.

THAT, adult children of divorce are entitled to have their parents contribute to their post-secondary education. If the child remains at the custodial parents home while attending school, the non-custodial parent may be obligated to pay both child support and post-secondary costs, up to age 26. “Second” children do not have this right and supporting adult “first” children in this manner will result in continued financial hardship for the second family.


THAT, these significant inequities highlight the negative financial and psychological implications being non custodial parent.

THEREFORE, your petitioners call upon the Texas Legislature to revise the Texas Child Support Guidelines so that ALL the children a non-custodial parent has a moral and legal duty to support (whether from the first, the second or subsequent families, and regardless of whether the family is currently “intact” or not) are recognized in the Guidelines in such a manner that non-custodial parents’ are able to provide equal treatment for all of their children.


THANK YOU!

Sincerely,

THE UNDERSIGNED