When it comes to child support, some parents strive to not only meet their obligations but to go above and beyond. One common question that can arise is whether a co-parent can make child support payments in advance.
Paying in advance might happen out of a desire to stay ahead, prepare for financial uncertainty or simply help ensure their child is consistently supported. However, child support laws in the Lone Star State are very specific, and understanding the legal implications of making advance payments is important.
Can co-parents pay child support in advance?
Technically, yes. Co-parents can pay child support in advance in the Lone Star State, but with significant caveats. Suppose a parent makes extra payments. In that case, those additional amounts are generally not credited toward future payments. Instead, they are treated as a gift or an overpayment unless a specific court order allows those payments to count as future child support.
For example, if a co-parent’s monthly obligation is $500 and they pay $1,000 one month, the extra $500 won’t automatically apply to the next month’s obligation. The co-parent is still expected to pay $500 the following month unless the court explicitly agrees to credit the overpayment toward future support.
State courts prioritize regular, predictable support for the child. Allowing obligors to skip future payments after making a large advance could disrupt the child’s financial stability and the other parent’s planning.
What are co-parents’ options?
Some co-parents may be interested in making advance payments to secure their child’s well-being. In this case, the best route is to petition the court for a modification or specific order that permits such payments to be treated as credits. This can be particularly helpful if a co-parent foresees a temporary inability to pay (such as during a planned job break or military deployment).
While the intention to pay child support in advance in Texas is commendable, doing so without proper legal arrangements can lead to confusion or unintended consequences. Co-parents should always seek legal feedback before making advance payments. The court’s primary concern is typically maintaining a regular payment schedule, as this is often the best way to help ensure stability.