Minor Parents and Child Support
Under Texas law, even though a minor has a child of their own, they are not viewed as adults. They must have an adult acting on their behalf as their next friend. The job of the next friend is to represent the minor parent in all legal matters, including the collection or payment of child support. Quite often, the next friend is one of the parents of the minor, but it can be any adult or legal guardian as long as the court approves. The court can also appoint a guardian ad litem or an attorney ad litem to represent a minor parent if a suitable next friend is not available. A next friend, guardian, or attorney is responsible for making sure that the minor parent understands the legal decisions that are being on their behalf made during a child support court process.
Responsibilities of the Non-Custodial Minor Parent
You might think that minor parents can avoid the payment of child support, but they are subject to the same financial responsibilities as adults. If the non-custodial parent is still a minor, he or she is still responsible for the payment of child support. According to the Child Support Division in the Office of the Attorney General of Texas, the court can take the minor’s parents financial circumstances into consideration when determining how much support the minor will pay for support. Once the minor parent has completed high school, the judge can make a re-determination regarding the inclusion of the minor’s parents financial contribution to the support order.
Most child support payments are calculated based on a percentage of the non-custodial parent’s net income. Once a minor parent finishes school and gets a job, they can be ordered to pay the child support based upon their current income. If the child of the minor parent is being raised in a foster home, both minor parents will be required to pay child support. In addition, when a non-custodial minor parent lives in another state, they will still be required to make regular child support payments to the custodial parent since federal law requires states to cooperate with each other in the collection of child support.
The Custodial Minor Parent
The custodial minor parent is responsible for the care of the child and is entitled to receive child support payments from the non-custodial parent. The court will review the non-custodial minor parents’ income along with other factors, such as:
What income, if any, is the minor parent able to earn while still in school?
Are the child and the custodial minor living with parents or grandparents?
Are the parents or grandparents providing any support for their child and grandchild?
Once the child support order is in place, the payments will be made to the next friend, guardian ad litem, or attorney for dispersal on behalf of the infant child. If the child support payments prove to be inadequate to care for the child, the minor parent has the option of applying for welfare benefits. If the minor parent still lives at home with his or her parents then the minor’s parents income will be “deemed available” for the support of their grandchild and eligibility for benefits will be determined accordingly.