Child Support in Texas

Child Support Laws in Texas

The Texas Family Code Chapter 154 outlines the administration of court-ordered child support obligations following a divorce in Texas. Child support is needed when the parents are divorced or the child was born out of wedlock. The court can order either or both parents to support a child. The parent who has custody of a child is the custodial parent. The parent ordered to pay child support is the non-custodial parent. In some cases, both parents are ordered to pay child support (they are both non-custodial parents), and the child's custody is given to a third party. Child support is meant to cater for a child's basic expenses such as food, transportation, shelter, clothing and public education costs. Child support is to be paid until the child reaches the age of maturity (18) or completes high school. The law states that child support can be paid as follows:

A lump sum
Periodic payment
Pension, retirement, or employee benefits
An annuity purchase
Properties set aside to be administered for the support of the child
A combination of lump-sum payment, periodic payments, annuity purchase, or setting aside of property

The determination of a child support order is without regard to the marital status of the parents of the child or the amount of access the non-custodial parent has to the child. The genders of the parents and child are also irrelevant.

Child custody and child support are separate. A non-custodial parent that defaults in paying child support cannot be denied access to a child because of the default. Likewise, a non-custodial parent must pay court-ordered child support even if the court denied the non-custodial parent visitation rights to the child. An unemployed or teenage non-custodial parent is still required to pay for child support. Per the Texas Family Code, the factors to be considered in awarding child support to a non-custodial parent are the child's and non-custodial parent's conditions. A child's physical and mental conditions are key factors. Also, the following conditions of a non-custodial parent are considered:

Residence
Assets
Earning history
Employment
Educational attainment
Literacy
Age
Health
Criminal history
Barriers to employment
Record of seeking work
Average job opportunities in their community
Average income in their community

The court can order the following to be paid by the non-custodial parent in addition to the child support:

Medical support - medical insurance to be provided by non-custodial parent at a reasonable cost
Dental support - dental insurance to be provided by non-custodial parent at a reasonable cost
Retroactive child support - child support that a non-custodial parent has not been ordered to pay in the past but is legally due. The law limits it to four years and it must be formally requested within a year of its discovery
Arrearages - past-due child support owed by a non-custodial parent

How Does Child Support Work in Texas?

The Child Support Division (CSD) under the Office of the Attorney General (OAG) of Texas administers child support in the state. The Child Support Division has offices in all the counties in Texas. There are three ways child support comes into effect in Texas, and they are:

Court-mandated child support as part of the divorce process
A parent applies for child support through the OAG
The OAG opens a child support case if the custodial parent applies for certain public benefits such as Temporary Assistance for Needy Families (TANF) and Medicaid

A child support case opened through the OAG (by parents or the OAG directly) is sent to a family court for a judge's order in the county where the child resides. The parents can agree on a child support obligation and present it to a judge for approval, or a judge can decide on the best child support terms for a child if both parents do not agree. The judge considers what is best for the child in the determination.

The Texas State Disbursement Unit (SDU), as mandated by the Personal Responsibility and Work Opportunity Reconciliation Act, processes and disburses child support payments. The SDU provides the following options for child support payments:

Online payment via MasterCard, Visa, MoneyGram, or Smart e-pay
Payment via cash or Money order at TouchPay kiosks
Bank auto-draft from the non-custodial parent's bank account
Payment via mail using check or money order made payable to the office of the Attorney General
Wage withholding: the Child Support Division sends an Income Withholding for Support Order to a non-custodial parent's employer to withhold a portion of their wages for child support payment.

When a non-custodial parent changes jobs, it is the non-custodial parent's responsibility to inform the CSD of a change of employer so a new notification can be sent. A non-custodial parent's failure to pay child support attracts a 6% interest on the payment due. The total amount with interest must be paid even when the original child support obligation ends. Total overdue payments plus interest are classified as arrearage in Texas. A non-custodial parent having temporary financial troubles can contact the case officer at the CSD to request to pay a portion of the child support and make arrangements on paying the arrears.

The first payment to a custodial parent is mailed to the custodial parent as a check. Then a letter from the Child Support Division detailing options for receiving child support payments is sent. The custodial parent can receive child support payments in one of two ways, namely:

Texas payment card: It is a prepaid card that a custodial parent can use anywhere Visa debit card is accepted. It does not require a bank account to use.
Direct payment: The payment is sent directly to the custodial parent's account. A custodial parent can register to receive direct payment online by signing up to the Child Support Initiative website

Per the Texas Family Code Chapter 156, either parent can apply for a modification of the child support obligation. The law provides that the court can grant an amendment if:

The circumstances of the child or either parent have materially and substantially changed
The last child support order is at least three years, and a new support order would differ from the previous by at least 20% or $100

Material and substantial changes include non-custodial parent's loss of a job or significant change in income, a medical condition affecting either the child or the non-custodial parent, incarceration of a non-custodial parent in a penitentiary for a period exceeding 180 days, the release of a non-custodial parent from prison, or if the child now lives with the non-custodial parent. The two ways of applying for a modification are as follows:

Child Support Review Process (CSRP): This is an administrative process to modify a child support obligation. A meeting is scheduled in a Child Support Division office involving both parents and a Child Support Officer. The revised order will be sent to a judge for signature if both parties agree to the terms. If both parties cannot agree on the modification, the case will be scheduled for a court hearing. Cases involving family violence or where one of the parties is a minor are not eligible for CSRP
Court Process: A notice of court hearing indicating the court date and time will be sent to both parties. A Child Support Officer will meet with both parties to negotiate an agreed order; if both parties agree, the Child Support Officer will present the order to the judge for approval and signature. If both parties do not agree, the Child Support Officer will present the case to the judge to determine the order

What is the Average Child Support Payment in Texas?

In Texas, child support is based on the net monthly income of the non-custodial parent. The law stipulates that monthly net income is determined by dividing the annual net income by 12. The annual net income is obtained by deducting the following from the annual gross income: state income taxes, federal income taxes, social security taxes, health insurance for the child, and union dues. The gross yearly income is the summation of annual wages, interests, royalty income, dividends, rental income, self-employment income, severance, retirement pensions, social security, disability payments, and worker's compensation.

The Texas Child Support Law, as encoded in the Texas Family Code Chapter 154, provides a guideline to determine the amount paid monthly for child support. The guideline uses a maximum net monthly income fixed by the Office of the Attorney General and this value is adjusted every six years. The latest cap of $9,200 became effective on September 1, 2019. The following guideline is used to determine the amount to be paid by the non-custodial parent for child support monthly:

If the non-custodial parent's net monthly income is less than $1,000, the following applies:
- One child - 15% of income
- Two children - 20% of income
- Three children - 25% of income
- Four children - 30% of income
- Five or more children - 35% of income
If the non-custodial parent's net monthly income is more than $1,000 and less than or equal to $9,200, the following applies:
- One child - 20% of income
- Two children - 25% of income
- Three children - 30% of income
- Four children - 35% of income
- Five or more children - 40% of income

If the non-custodial parent's net monthly income is more than $9,200, the calculations will only be based on the first $9,200 of net monthly income. If the custodial parent can prove that a child's needs warrant more, then the court can order that the custodial parent pay more.

If the non-custodial parent has other biological or adopted children to support, the multiple family adjusted guideline is as follows:

One other child
- One child: 17.5% of income
- Two children: 22.5% of income
- Three children: 27.38% of income
- Four children: 32.2% of income
- Five children: 37.33% of income
- Six children: 37.71% of income
- Seven children: 38% of income
Two other children
- One child: 16% of income
- Two children: 20.63% of income
- Three children: 25.52% of income
- Four children: 30.33% of income
- Five children: 35.43% of income
- Six children: 36% of income
- Seven children: 36.44% of income
Three other children
- One child: 14.75% of income
- Two children: 19% of income
- Three children: 24% of income
- Four children: 29% of income
- Five children: 34% - of income
- Six children: 34.67% of income
- Seven children: 35.2% of income
Four other children
- One child: 13.6% of income
- Two children: 18.33% of income
- Three children: 23.14% of income
- Four children: 28% of income
- Five children: 32.89% - of income
- Six children: 33.6% of income
- Seven children: 34.18% of income
Five other children
- One child: 13.33% of income
- Two children: 17.86% of income
- Three children: 22.5% of income
- Four children: 27.22% of income
- Five children: 32% of income
- Six children: 32.73% of income
- Seven children: 33.33% of income

The non-custodial parent must pay child support to the Texas Child Disbursement Unit (SDU). The SDU records the payment and then forwards it to the custodial parent. Payments sent directly to the custodial parent are not automatically credited as child support obligations and can be considered gifts if the custodial parent does not disclose them as such.

How to Avoid Child Support in Texas

The Texas Child Support law and family court judge make decisions in the child's best interest. The law establishes that it is in the child's best interest for both parents to be involved in the upbringing of a child. The courts often mandate that the parent who does not have custody of a child provide financial support for the child. However, the following are some ways to avoid child support in Texas:

Genetic testing result indicating that the child is not the biological offspring of a ‘parent'
Evidence that the non-custodial parent is terminally ill
The partner of the custodial parent adopts the child

How to Get Child Support Arrears Dismissed in Texas

The Texas Child Support law is strict on child support payment by a non-custodial parent. It mandates the payment of child support arrears (arrearages) even after the child support period has ended. There are two possible ways of getting an arrearage dismissed in Texas:

The non-custodial parent suffers from a severe illness that renders them unable to meet the demands of paying the arrears. The judge can consider the medical report of the sickness and then dismiss the arrearage
There is an agreement between both parents in the presence of a Child Support Officer to dismiss a child support obligation. The process is started when the non-custodial parent fills a Request for Administrative Review form. Then a meeting is set up, with all three parties present, to negotiate the settlement. The arrearage can be dismissed either in full or in part. The agreement of the custodial parent to the dismissal is essential as that is the basis for the dismissal. The agreement is sent to a judge for approval

How to Choose a Child Support Lawyer in Texas

Negotiating a good child support payment and convincing a judge to approve it can be demanding for many. Due to the high volume of cases treated by the CSD, it may take years for a child support order to be installed and even longer for it to be enforced. A good family law attorney can help expedite the process. Some factors to consider when selecting a child support lawyer include:

Experience: How much experience does an attorney have in child support cases? The more the experience, the better the result one can expect
Cost: The payment structure and billable hours of the lawyer are important
Reference: Ask friends and families for recommendations of competent and compassionate family law attorneys

The Texas Judicial Branch provides a list of Legal Aid Providers for low-income or indigent petitioners. The Family Law Section of the State Bar of Texas maintains a list of family law attorneys to consider.

What Happens if You Don't Pay Child Support in Texas?

The Office of the Attorney General (OAG) in Texas is tasked with enforcing compliance with a court-issued child support order. The enforcement actions that the OAG can take include:

License suspension: The OAG works with over 60 licensing agencies and can request the suspension of your licenses, including professional licenses, driver's licenses, and fishing licenses
The OAG can file a lien on your properties, assets, insurance settlements, retirement plans, and bank accounts
The OAG can submit your name to credit bureaus which will negatively affect your credit ratings
The OAG can deny your passport renewal request or block the issuance of a new passport
Lottery intercept: The OAG can intercept your lottery wins from the Texas Comptroller's Office and apply them to the child support arrears
Civil contempt case: A civil contempt suit can be filed against you. The court will award a fine in addition to the full amount owed
Criminal contempt case: The OAG can institute a criminal contempt case against you. You can be imprisoned for up to two years until a specific portion of the full amount owed is paid
The Texas Family Code mandates the Attorney General to maintain and make public a Child Support Evaders list for delinquent parents in the payment of their child support obligations. The evaders program seeks tips from the public to locate parents avoiding their obligations. The following conditions must be met before the OAG includes a non-custodial parent on the list:
- The money owed is more than $5,000
- The non-custodial parent is not involved with bankruptcy proceedings or receiving Temporary Assistance for Needy Families (TANF)
- An arrest warrant has been issued
- The non-custodial parent is avoiding apprehension
- There have been no regularly made payments in the last six months
- The custodial parent signs a confidentiality waiver to allow certain case information to be made public
- A photograph of the non-custodial parent is available

When Does Child Support End in Texas?

Per the Texas Family Code, child support ends when the child graduates from high school or turns 18 years of age, whichever is the latter. For example, if a child completes high school at 16, child support ends when the child turns 18. On the other hand, if the child completes high school at 20, child support will continue till then. However, if the child has a mental or physical disability known during the divorce or in the intervening years between the commencement of child support and the 18th birthday, child support continues indefinitely.

How to Stop Child Support in Texas

To stop child support in Texas, the non-custodial parent must file a petition to stop child support withholding in the same court that ordered the original child support payments. Once the judge signs the petition, it is forwarded to the OAG to issue a stop payment and a withholding termination letter for the employer.

The primary reason to stop child support payment is when the child reaches 18 years or graduates from high school. Other reasons for stopping a child support payment include:

The child becomes emancipated by the order of a court. Emancipation implies that the child is financially independent and no longer needs child support. Examples of reasons for emancipation include marriage, joining the army, or leaving home
The child is adopted by the partner of the custodial parent or a third party
The death of a child brings an end to child support payment for the child
A genetic test showing that the non-custodial parent is not the child's father is grounds to stop child support payment. The non-custodial parent must file the petition to stop child support payment within a year of receiving the genetic test result
A medical crisis or terminal illness affecting the non-custodial parent is a ground for applying to stop child support
When both parties agree to stop child support and file a modification case. The parents' agreement is not sufficient grounds for a cessation of child support. The judge also has to agree that it is in the child's best interest for the child support to stop before the agreement can become effective