When parents face child support proceedings, the court’s primary concern is the well-being of the child. However, if one parent has a criminal record, it can influence several aspects of the case. A criminal history can affect the amount of child support, the ability to enforce payments, and even custody or visitation rights. Understanding the role of criminal records in child support cases can help you prepare, whether you are the custodial or noncustodial parent.
How a Criminal Record Affects Child Support Calculation
In general, Texas and most U.S. states use standard child support guidelines based on a parent’s net income and the number of children. However, a criminal record can influence income and ability to pay in several ways:
- Employment Barriers: Parents with felony convictions may struggle to find stable employment, reducing their earning potential.
- Incarceration: A parent in jail or prison may have zero or minimal income, prompting courts to either: set child support based on potential income, suspend payments
Can a Criminal Record Be Used to Modify Child Support?
Parents can request a modification of child support if there has been a “material and substantial change” in circumstances. A criminal conviction leading to job loss or imprisonment qualifies. However, courts carefully examine whether the parent intentionally committed the crime to avoid financial responsibilities.
Impact on Enforcement Actions
If a parent with a criminal record falls behind on child support, enforcement can become complex:
- Courts may already be dealing with probation or parole conditions.
- Penalties like jail time for nonpayment may be difficult if the parent is already incarcerated.
- Wage garnishment may not work if the parent is unemployed.
Still, child support arrears do not disappear because of incarceration or criminal convictions. Arrears continue to accumulate unless formally modified by court order.
How a Criminal Record Affects Custody and Visitation (Indirectly Impacting Child Support)
While child support is primarily financial, it connects to custody and visitation, which a criminal record can directly impact. Courts consider factors like:
- Violence or domestic abuse convictions
- Substance abuse history
- Sexual offense convictions
If a parent loses custody or has restricted visitation, it does not necessarily eliminate their support obligation. In fact, losing custody may increase the amount of support owed.
Scenario: During a custody battle, evidence of Amanda’s assault conviction leads the court to award primary custody to the child’s father. Amanda’s child support obligation increases accordingly.
Rehabilitation and Rebuilding: Courts Also Consider Progress
A past conviction does not automatically doom a parent forever. Courts do consider:
- Completion of parole or probation
- Stable employment
- Rehabilitation efforts (e.g., therapy, drug counseling)
Demonstrating positive change can help a parent maintain or regain reasonable support obligations and parenting rights.
Special Considerations for Violent or Sexual Crimes
If a parent’s criminal record involves violence or sexual offenses against a child, courts can:
- Terminate parental rights
- Sever child support obligations (only if parental rights are legally terminated)
In Texas, termination of parental rights is rare and requires clear and convincing evidence that it’s in the child’s best interests.
How can we assist?
Facing child support issues with a criminal record is tough, but with the right strategy and professional support, it’s possible to rebuild your relationship with your child and meet your legal obligations responsibly.
At our firm, we have extensive experience assisting clients with divorce cases. Our team includes a board-certified family law attorney, with advanced business degrees, and a specialist in negotiation and mediation. Contact us at 832-538-0833 to schedule a consultation and get personalized legal advice on your situation.