Parents may encounter many new terms as they approach child support, and one example is “mediation.” The first thing you might hear about this concept is that it is mandatory – and you may be asking yourself why this is the case. What exactly is mediation, and how can it help during child support disputes?
This is a common question, and it is one that The Garza Law Office, PLLC, can answer. This established family law firm in Texas can help separating parents as they fight for their rights. Dora Alicia is an experienced child custody attorney in Texas, and she founded this family law firm in 2015 after graduating from St. Mary’s University. This child custody lawyer understands the mediation process – and she can help parents prepare for it.
Texas does not require couples to go through divorce mediation, and there is no law stating you have to attempt this process. That being said, some courts and judges may “strongly encourage” parents to attempt mediation before a trial. Some judges might even require you to mediate your child support dispute – making it effectively mandatory for some parents. In addition to child support, mediation may involve child custody, spousal maintenance, and property division.
A judge may mandate child support mediation for various reasons – and mediation may offer various benefits. Perhaps most notably, it frees up the court system and reduces potential backlogs. With disputes handled in private by trained mediators, the civil courts of Texas can avoid trials that last days, months, or even years. In other words, mandatory mediation relieves financial burdens for divorce courts – and it is less costly for taxpayers.
That being said, mediation is not a purely self-serving priority for Texas. Mediation also reduces financial burdens for average parents – as a private negotiation is inherently cheaper than a child support trial. Mediation can occur in a small office, and it only requires the presence of a few individuals. In contrast, a trial is a complex affair with a judge, clerks, typists, and various other officials. It also occurs at a courthouse, a location that brings its own slew of legal fees.
Finally, mediation is generally faster than a trial. When you spend less time dealing with these disputes, you lower your legal fees. Remember, family law attorneys can charge by the hour.
You should also consider the more “human” benefits of child support mediation. These negotiations are less adversarial compared to trials – and parents are encouraged to cooperate. In contrast, a trial encourages a “me vs. them” mentality – potentially causing lasting rifts and bitterness within families.
If you are intent on pursuing a trial for your child custody dispute, no one can stop you from achieving this goal. Although a judge might require you to “attempt” mediation before moving on to a trial, they cannot force you to succeed during mediation.
During mandatory mediation, you can simply reject all proposed agreements and insist upon a trial. This might be the best choice if you believe your ex is negotiating in bad faith. You might also want to prove certain things during a trial – such as harassment or child abuse.
Yes, mediated child support agreements are enforceable – just like court orders. However, parents must be very careful when drafting these mediated agreements – and they may want to be as detailed as possible.
Consider adding detailed terms and conditions to your mediated child support agreement in Texas. Make it abundantly clear how long these payments will last, what they should cover, and how often they occur.
You should also detail penalties for failing to provide child support funds. If breaching the agreement comes with no consequences, there is nothing guaranteeing these payments from your ex.
Finally, you might want to write down when and how child support payments may be modified in the future. For example, what happens when one parent wins the lottery? What happens if one parent loses their job or becomes disabled?
While internet research can help parents understand custody mediation, experienced custody lawyers could offer more targeted insights. Each family is different, and each has unique priorities and needs when it comes to child custody. Consider discussing these circumstances at the Garza Law Office, PLLC, with Dora Alicia – an experienced child custody attorney in Texas. Call (956) 329-1304 today to get started.
Dora Alicia Garza, founder of Garza Law Office, PLLC, is a distinguished attorney in Texas, widely recognized for her broad legal expertise and steadfast commitment to her clients. With a diverse practice as a family law attorney, her practice spans guardianships & wills, estate planning, probate, debt defense, criminal defense, personal injury, and immigration, Dora has established herself as a versatile and highly skilled lawyer. Her deep commitment to justice and tireless work ethic have made her a trusted advocate for individuals and families throughout the Rio Grande Valley.Dora's reputation for navigating complex legal issues with precision and integrity is well-earned. She approaches... View full business profile here: Garza Law Office, PLLC
