Child Support and Holiday Shopping

With the holidays almost here, many parents have already planned the holiday shopping list for the children. When parents are divorced however, a potentially stressful shopping season becomes even more stressful. The parent paying child support in Denton or neighboring location generally argues that the child support should be used to cover all items for the child.  The parent receiving child support generally argues that child support is never enough to cover even the necessities needed for the child. As is usually the case, the truth is somewhere in the middle.

Child Support in DentonThis middle ground is recognized by and documented in the Texas Family Code. The
Code provides that items that are sent with the child to the residence of the other parent  are to be returned with the child. The exact Code language provides: “Each conservator shall return with the child the personal effects that the child brought at the beginning of the period of possession.” Simply put, if one parent purchases an Xbox for the child for the holiday and sends the Xbox to the home of the other parent, then the Xbox must be returned with the child at the time the child is returned. The least preferable course of conduct is the parent taking the position that the purchased toy must remain at the residence of the purchasing parent.

This would seem to be a relatively simple Code provision. Unfortunately, the provision results in a fair amount of litigation. The disputes are also not limited to costly holiday purchases. What about the child that plays baseball and has expensive equipment purchased by one parent that is needed by the child while in the possession of the other parent? Must the other parent purchase a duplicate set of expensive equipment? Can the purchasing parent be ordered to deliver the equipment to the other parent?  As with many issues affecting children, compromise is necessary. If a child has a favorite toy, then a parent truly seeking to advance the best interest of the child will send the toy along with the child regardless of which parent purchased the item. Courts in turn look favorably upon a parent that shows a willingness to put the interest of a child before all other interests.

Unfortunately, not all parents are able to co-parent. In those situations, it may be necessary to turn to the Court for relief. If Court intervention may be required, it is important to always maintain good records or notes of what has transpired and what has been done to try to improve the situation.

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Faun Rowland is an attorney that has been practicing in the area of family law for more than fifteen years. In addition, she has been an adjunct professor of law at Tarrant County College for approximately seven years. Faun is a member of the State Bar of Texas, State Bar of California (inactive), Tarrant County Bar Association, and the Tarrant County Family Law Bar Association.

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