Legal Question in Family Law in Texas

Re: Child Support

Tex. Fam. Code requires a parent to support their children. Going to college full time is no excuse for not paying child support--no matter what.

Re: Child Support

Your child support is based upon your income from all sources no matter what your current situation. There is no law which relieves your obligation while you voluntarily attend college.

You may have a case for reduced child support if your income took a sudden dive, and that would require a court determination, undoubtedly, but otherwise you are required to comply with the orders of the court respecting child support so long as you are capable of doing so.

Re: Child Support

There are two issues here, civil and criminal. First, the Family Code requires you to pay child support, irrespective of college. The fact that you are in college MIGHT mitigate the aspect of the law that allows a court to order child support based on earning capacity as opposed to actual earnings.

But your question had to do with the Penal Code. Section 25.05 provides penalties for criminal nonsupport. Being in college is NOT a defense. However, it IS a defense if you CANNOT provide support. The result will depend on the actual facts of the case and the judge or jury. Criminal prosecution for failure to support a child is rare and only used in extreme cases.