If a divorced parent kicks a 16 year old out of the house, are they legally responsible to pay child support?

Asked on August 21, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Both parents are always "legally responsible" to pay child support or to provide for the support of their children.  If there are no court orders, then they are still responsible-- there just cannot be a contempt action for "failure to pay" child support unless there is a court order on file.  If the child ends up somewhere other than the home of a custodial parent (say a foster parent), then the state can intervene and require both parents to pay child support to the state for the care of their child.

 

If there is already an order on file saying parent 1 is required to pay child support to parent 2, then the obligation will continue even when the child no longer resides with parent 2 until the order is modified.  The child being kicked out from the home would be a basis for modifying the child support obligation. 


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