Does my uncontested divorce in Tarrant County, Texas have to have child support?
Under the Texas Family Code no divorce with children is absolutely required to include child support. Fort Worth divorces with children will often include child support because the court is required to consider the best interests of the child. In an uncontested divorce with children the spouses may agree not to include child support in the divorce for various reasons.
Child support in an uncontested divorce in Bedford and Fort Worth, Texas
Whether a judge will require child support depends entirely upon the discretion of the judge. I have never had a problem with a judge challenging an uncontested divorce where I represented one of the parties. I have seen judges decline to grant an uncontested divorce without child support when neither party had a divorce attorney. Let’s explore the reasons why a judge may insist the parties include child support in an uncontested divorce.
How judges see uncontested divorce without child support in Fort Worth, Texas
The Texas Family Code requires judges to consider the best interests of children. The Texas Family Code also sets support obligations for both parents. Courts generally find that preserving the support obligations through child support is in the best interests of the children.
Judges worry that an uncontested divorce not to include child support was made with financial interests in mind. Judges are also concerned that the parent who would have paid child support exercised undue influence to gain that agreement. When the parties have divorce attorneys, judges are more likely to assume the lawyer advised his or her client on the agreement and a competent legal decision was made to reach that agreement. If considering an agreed divorce without child support then this may be another reason to hire a divorce lawyer.