Archives: Glossary
C
Case
A case includes all actions taken by people involved in a lawsuit. The people involved typically include a custodial parent (managing conservator), the child or children, and a noncustodial parent (possessory conservator). The OAG may also be involved if there has been an application for services or a referral.
Case ID Number (Attorney General Case)
Every child support case that goes through the Office of the Attorney General has a unique OAG Case ID number given to it; for example, 0000_____.
Cause Number
The clerk of the court assigns a cause number to identify the cause of action requested on a legal matter. The cause number may look different for each county. This is different from the OAG Case ID number.
Child Support
Texas law requires parents to support their children. Child support requires parents to provide food, clothing, shelter, education and other necessary things for the child. The parent who does not primarily reside with the child has a duty and obligation to support the child. The parent ordered to pay child support is an obligor. The parent who receives child support is an obligee.
Child Support Court Order
A child support court order is a legal document, signed by a judge, that says:
- The amount of child support and medical support the noncustodial parent has to pay
- The minimum amount of time the child spends with each parent
- Each parent’s rights and responsibilities
See this page to find the clerk in your county: https://www.dshs.state.tx.us/vs/field/localremotedistrict.shtm.
Child Support Review Process
The Child Support Review Process (CSRP) is one way to resolve legal issues on your child support case without going to court. In CSRP, both parents are given the opportunity to meet with a child support officer to establish a legally binding order.
Clarification of a Court Order
If you think your court order is unclear or not specific enough, you may want to ask the court to clarify it.
If you believe the other parent is in contempt of court, you will need to assemble evidence. See the documents in this Visitation Kit for help assembling evidence.
The visitation demand kit will cover these three things:
1. What you want to happen
2. Proof of what did not happen
3. Prove that you gave the other side at least 10 days’ notice so they can attend and be heard.Conservatorship
Conservatorship defines each parent’s rights and responsibilities in a court order deciding where a child will live and the rights each parent will have to make decisions regarding the child. Some people refer to this as custody. Conservatorship or custody does not mean the amount of time each parent will have with the child.
Contempt of Court
Contempt of court is when a judge finds that you disobeyed a lawful order of a court, showed disrespect for the judge, or disrupted court proceedings through bad behavior. You risk up to six months in jail for not paying child support. You also may be fined up to $500 for each violation and have to pay attorney’s fees and court costs. It is common for a judge to also order that the child support obligor, found in contempt, remain in jail until all or a portion of the child support arrearage is paid.
If a court finds you in contempt, it has the option to sentence you to a jail term, order you to pay fines, or place you on community supervision (probation). Additionally, you must pay your child support in full and on time, make extra payments toward the child support arrearage, pay probation fees as ordered, and pay the attorney fees of the other party, if ordered.
If you believe the other parent is in contempt of court, you must have proof of when and how the other parent violated the order.
One way to keep track of all of this evidence is to keep a visitation journal. If you end up having to go to court, it will help you organize your evidence. You will want to mention each and every violation in the motion that you file with the court, so the judge knows what is happening in your case.
The visitation demand kit will cover these three things:
1. What you want to happen
2. Proof of what did not happen
3. Prove that you gave the other side at least 10 days’ notice so they can attend and be heard.See the documents in this Visitation Kit for help assembling evidence.
Court Order
A court order is a legal document signed by a judge. Parties to the case must comply with court orders or risk being held in contempt of court. The order can be based on what the parties agreed to, or on the Judge’s decision. The court can punish the person that does not follow a court order.
Custodial Parent
The court will name one parent as responsible for establishing the child’s primary residence and may designate the geographic area of that residence. This parent is the primary joint managing conservator or sole managing conservator of a child, commonly referred to as the “custodial parent (CP).” The CP usually receives child support and is also called the obligee.
Custody
In Texas, custody is called “conservatorship.” Conservatorship orders, also known as custody, are determined at the establishment stage and define each parent’s rights and responsibilities, including where the child will live and the rights each parent will have to make decisions regarding the child. Conservatorship or custody does not mean the amount of timeeach parent will have with the child.