Sec. 154.124. AGREEMENT CONCERNING SUPPORT. (a) To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreement containing provisions for support of the child and for modification of the agreement, including variations from the child support guidelines provided by Subchapter C.
(b) If the court finds that the agreement is in the child's best interest, the court shall render an order in accordance with the agreement.
(c) Terms of the agreement pertaining to child support in the order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract.
(d) If the court finds the agreement is not in the child's best interest, the court may request the parties to submit a revised agreement or the court may render an order for the support of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2003, 78th Leg., ch. 480, Sec. 1, eff. Sept. 1, 2003.
Notes of Decisions
Cited in
49
cases (
7 in the last 5 years), 1996–2024 · leading case:
Ochsner v. Ochsner, 517 S.W.3d 717 (Tex. 2016).
Ochsner v. Ochsner, 517 S.W.3d 717 (Tex. 2016).
· cites it 2× “See Tex. Fam. Code § 154.124(b), (d). Before entering an agreed child-support order, the court must determine whether the parents’ agreement “is in the child’s best interest,” and if it is not, the court must either ask the parents to submit a revised agreement or render its own…”
Gonzalez v. Tippit, 167 S.W.3d 536 (Tex. App.—Austin 2005).
· cites it 2× “See Tex. Fam.Code Ann. § 154.124 (West Supp.2004-05); 6 Sudan v.”
Bart Dalton v. Carol Dalton, 551 S.W.3d 126 (Tex. 2018).
“Chapter 154 allows for enforcement of judgments under that chapter "by all remedies available for enforcement of a judgment," TEX. FAM. CODE § 154.124(c), and it specifically authorizes a trial court to "set[ ] aside property," id.”
William Wade Bartlett v. Lori Lee Bartlett, 465 S.W.3d 745 (Tex. App.—Houston [14th Dist.] 2015).
· cites it 4× “See Tex. Fam. Code Ann. § 154.124 (a)–(b). Paragraph (c) currently provides, “Terms of the agreement pertaining to child support in the order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract.”
Sudan v. Sudan, 145 S.W.3d 280 (Tex. App.—Houston [14th Dist.] 2004).
· cites it 2× “[4] It is undisputed that no best interest determination or other court approval was sought or obtained with regard to the amendment.”
In Re Guthrie, 45 S.W.3d 719 (Tex. App.—Dallas 2001).
“See Tex. Fam. Code Ann. § 154.124 (b), (d) (Vernon 1996) (trial court determines whether child support agreement is in best interest of child); In re McLemore, 515 S.”
Bruni v. Bruni, 924 S.W.2d 366 (Tex. 1996).
“Recodified in 1995 at Tex. Fam.Code § 154.124.”
Kurtz v. Kurtz, 158 S.W.3d 12 (Tex. App.—Houston [14th Dist.] 2005).
“TEX. FAM. CODE ANN. § 154.124 (Vernon 2002); Williams v.”
Thomas Seabourne v. Danese Seabourne, 493 S.W.3d 222 (Tex. App.—Texarkana 2016).
· cites it 2× “(c) Terms of the agreement pertaining to child support in the order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract.”
McGuire v. McGuire, 4 S.W.3d 382 (Tex. App.—Houston [1st Dist.] 1999).
“Terms of the agreement in the divorce order may be enforced “by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as contract terms unless provided by the agreement.”
Tex. Fam. Code § 154.124(a): 6 cases
Tex. Fam. Code § 154.124(b): 5 cases
Ochsner v. Ochsner, 517 S.W.3d 717 (Tex. 2016).
“See Tex. Fam. Code § 154.124(b), (d). Before entering an agreed child-support order, the court must determine whether the parents’ agreement “is in the child’s best interest,” and if it is not, the court must either ask the parents to submit a revised agreement or render its own…”
Tex. Fam. Code § 154.124(c): 9 cases
Bart Dalton v. Carol Dalton, 551 S.W.3d 126 (Tex. 2018).
“Chapter 154 allows for enforcement of judgments under that chapter "by all remedies available for enforcement of a judgment," TEX. FAM. CODE § 154.124(c), and it specifically authorizes a trial court to "set[ ] aside property," id.”
McGuire v. McGuire, 4 S.W.3d 382 (Tex. App.—Houston [1st Dist.] 1999).
“Terms of the agreement in the divorce order may be enforced “by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as contract terms unless provided by the agreement.”
Thomas Seabourne v. Danese Seabourne, 493 S.W.3d 222 (Tex. App.—Texarkana 2016).
“(c) Terms of the agreement pertaining to child support in the order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract.”
William Wade Bartlett v. Lori Lee Bartlett, 465 S.W.3d 745 (Tex. App.—Houston [14th Dist.] 2015).
“See Tex. Fam. Code Ann. § 154.124 (a)–(b). Paragraph (c) currently provides, “Terms of the agreement pertaining to child support in the order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract.”
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