Frequently Asked Questions
FAQs
Frequently Asked Questions
Basics
What is child support?
Money a parent is ordered to pay for a child’s needs. Texas presumes guideline amounts are in the child’s best interest, but courts can deviate.
Who runs child support in Texas?
The Office of the Attorney General (OAG) – Child Support Division. Payments are processed by the State Disbursement Unit (SDU) in San Antonio.
How long does child support last?
Until the child turns 18 or graduates high school (whichever is later). It can continue indefinitely for an adult child with a disability; it ends earlier if the child marries, is emancipated, or dies. Enlistment in active military also ends it.
Does 50/50 custody mean no child support?
Not automatically. Texas still starts from the income-based guideline; judges may adjust up or down for many factors (including time with each parent).
Is child support tied to visitation?
No—support can’t be conditioned on possession or access. Missed visits don’t excuse nonpayment (and vice versa).
Where do I make payments?
Through the SDU / OAG systems (online, phone, mail, wage withholding). Direct payments to the other parent can be treated as gifts unless your order says otherwise.
Can we agree on a different amount than the guideline?
Yes, if the judge finds the agreement is in the child’s best interest.
Can the court order college expenses?
Generally no, unless the parties agree. Texas support typically ends at 18 / high school graduation.
Getting or Changing an Order
How is paternity established?
By an Acknowledgment of Paternity (AOP) or court order with genetic testing. An AOP can be rescinded within 60 days (or before the first court proceeding, whichever comes first).
What if I need to modify child support?
You can seek a change if (a) there’s a material and substantial change in circumstances or (b) it’s been 3 years and the guideline amount would differ by ≥ 20% or ≥ $100.
Do I need to update my address/employer info?
Yes—Texas orders require you to keep contact/employment info current and notify the other party.
How Texas Calculates Support
What are the guideline percentages (single household)?
- 1 child: 20% of the obligor’s net resources
- 2: 25%
- 3: 30%
- 4: 35%
- 5: 40%
- 6+: not less than 40%
What counts as “net resources”?
Wages, overtime, commissions, bonuses, self-employment income, retirement, unemployment, some benefits, etc. SSI and TANF don’t count.
What about self-employment?
Self-employment income is included; courts can disregard inappropriate business deductions like excessive depreciation.
What if a parent is underemployed on purpose?
Courts can base support on earning potential (impute income) if unemployment/underemployment is intentional.
Is there a low-income adjustment?
Yes—Texas has a reduced “low-income obligor” schedule when monthly net resources are very low.
Is there a maximum income cap for guidelines?
Yes. Guideline percentages apply up to the cap on monthly net resources; the cap is adjusted periodically by the state.
What if I have kids in multiple households?
Special multiple-family tables adjust the percentage.
Do Social Security benefits for the child affect support?
Yes—dependent benefits (from the obligor’s record) can offset support owed.
Are bonuses or overtime included?
Generally yes; they’re part of net resources.
Medical & Dental Support
Is medical/dental support separate from child support?
Yes—medical and dental support are in addition to guideline child support.
What’s “reasonable cost” for insurance?
Health insurance is “reasonable” if the total premium for all covered kids is ≤ 9% of the obligor’s annual resources; dental is ≤ 1.5%.
Who pays uninsured medical bills?
Orders typically allocate them (often 50/50 or proportional). Courts have flexibility; these costs are enforceable like support.
Paying & Receiving
How are payments collected from paychecks?
Through income withholding; orders/writs can withhold up to 50% of disposable earnings.
Can I mail a payment?
Yes—mail to the Texas State Disbursement Unit in San Antonio (include name, case #, cause #).
Online / phone options?
You can pay via the Texas Child Support Portal and SDU systems (card/ACH and other listed options).
Can I pay with cash in person (e.g., MoneyGram)?
Yes—Texas accepts certain walk-in providers; follow the provider’s child-support bill-pay steps.
Should I ever pay the other parent directly (Zelle/Venmo)?
Avoid it unless your order authorizes it—direct payments can be treated as gifts and not credited.
How fast do payments arrive?
Typically within a few business days through the SDU; direct deposit is often faster.
Enforcement & Arrears
What happens if I don’t pay?
Tools include wage withholding, license suspension, liens, tax refund and lottery intercepts, passport denial, and contempt.
When can Texas suspend my licenses?
If you owe about 3 months of support and don’t comply with a repayment plan, driver, professional, hunting/fishing, and other licenses can be suspended.
Passport denial threshold?
Federal law denies passports when certified arrears exceed $2,500.
Lottery winnings?
Texas must deduct delinquent child support from lottery prizes.
Can the state place liens?
Yes—child support liens can attach to many non-exempt assets; special rules apply to homesteads.
Is interest charged on arrears?
Yes—6% simple interest on past-due child support under current law.
Are there time limits to enforce?
- Contempt must be filed within 2 years after the child turns 18/obligation ends.
- Courts can render money judgments for arrears for 10 years after 18/termination.
Can bankruptcy wipe out child support?
No. Domestic support obligations, including child support, are nondischargeable in bankruptcy.
Special Situations
Unemployment or income drop—what should I do?
File to modify; don’t just stop paying. Wage withholding can also be applied to unemployment in some cases.
Military families—anything different?
DFAS honors child support withholding orders; changes in status (activation/retirement) may require updated orders. Military pay/allowances generally count toward “net resources.”
Out-of-state parent?
Texas uses UIFSA: orders can be enforced/modified across state lines after registration; employers in other states must honor valid withholding.
Can the court order me to look for work?
Yes—orders can include employment-services provisions if you’re unemployed/underemployed.
Taxes & Records
Is child support taxable income or tax-deductible?
No and no—recipients don’t report it; payors can’t deduct it.
Who claims the child on taxes?
That’s a tax/IRS dependency issue, not set by Texas support guidelines; your order or IRS rules control (often the custodial parent unless the right is released).
How do I prove what I’ve paid/received?
Use SDU/OAG payment histories and keep your own records. Courts can order records produced.
Retroactive & Other Questions
Can a court order retroactive support (back support)?
Yes—Texas allows retroactive support based on statutory factors (like knowledge, hardship, etc.).
Can support be set to $0?
Rare—courts must ensure any deviation still meets the child’s needs and is in their best interest.
What if the child gets SSI?
SSI isn’t counted as a parent’s “resource,” and a child’s needs/benefits can be considered when the court decides deviations.
Do daycare/extracurriculars matter?
They’re classic reasons courts may deviate from the guideline (factor list).
Can a jury set child support?
No—support is for the judge, not the jury, in Texas.
How much can come out of my check tops?
Orders can withhold up to 50% of disposable earnings under Texas law (federal limits can allow more in certain contexts, but Texas caps at 50%).
During the Case (Process & Hearings)
Do I have to attend the hearing?
Yes—unless the court tells you otherwise. Missing a hearing can lead to orders entered without your input.
Can we settle without a hearing?
Often, yes. You can submit an agreed order for the judge to review. The court must still find it’s in the child’s best interest.
What should I bring to court?
Recent pay stubs, tax returns, proof of childcare/health insurance costs, proof of other children you support, and any relevant communications or records.
Are virtual hearings allowed?
Many courts allow video appearances for certain settings. Check your notice and the court’s local procedures.
What if I need an interpreter?
Courts can provide interpreters for parties and witnesses. Ask the court coordinator or include the request in filings as early as possible.
After an Order (Compliance & Changes)
When do payments start?
Usually immediately or by the first due date set in the order. Income withholding typically begins with the first payroll after your employer receives the order.
What if custody (primary residence) changes?
File to modify the order. Do not stop paying without a new order—arrears can accrue even if the child starts living with you.
What if the paying parent has a new child?
Courts can consider additional children in another household and may adjust under multiple-family guidelines. A formal modification is required.
What if the paying parent is incarcerated?
Incarceration does not automatically stop support. The paying parent can request a modification based on current ability to pay.
I missed a payment—what now?
Pay what you can and contact the other party or OAG about catching up. Keep records. You can ask the court for a payment plan to address arrears.
For Employers
What is an Income Withholding Order (IWO)?
A court or administrative order directing you to withhold support from an employee’s disposable earnings and send it to the state disbursement unit.
When must withholding start?
Begin with the first payroll that can reasonably include the deduction after you receive the order, and continue each pay period until you receive a release.
Multiple orders—how much do we withhold?
Follow each order and applicable caps on disposable earnings. If funds are insufficient, prorate according to the orders and send what is available with an explanation.
Bonuses/commissions—do we withhold?
Yes—apply the order to lump-sum payments unless instructed otherwise. Check for arrears instructions in the order.
Employee left—what do we do?
Promptly notify the issuing agency/court of the termination date and the employee’s last known address, and withhold from any final paycheck as ordered.
Interstate & International
I moved out of Texas—does the order still apply?
Yes. Valid orders follow the parents and child. Other states will enforce registered Texas orders.
How do I enforce a Texas order in another state?
Register the order in the new state and request enforcement through that state’s child support program or the court.
Which state can modify my order?
Generally, the state with continuing jurisdiction can modify—often where the child or a parent still lives, unless jurisdiction has been transferred by law.
What about international cases?
Some countries cooperate under international agreements to recognize and enforce support orders. Processing can take longer; provide certified copies and translations if needed.
Special Circumstances
Support for an adult child with a disability?
Courts can order support past age 18 for a child with a disability when legal requirements are met. Evidence of needs and resources is usually required.
Nonparent (grandparent/relative) custodians?
Nonparents caring for the child can seek support from the parents. The court weighs the child’s needs and each parent’s ability to pay.
Do stepchildren count?
No legal duty of support typically exists for stepchildren unless adopted. Biological/adoptive parents are responsible.
Domestic violence—can I keep my address private?
Yes. Ask about address-confidentiality options and protective orders. Use safe mailing addresses when possible.
Child in foster care—what happens to support?
Support may be assigned to the state while the child is in care. Contact the caseworker or OAG for current handling and how to resume payments after reunification.
Payments & Accounts
How do I receive money (direct deposit/card)?
You can enroll in direct deposit to a bank account or a state-issued payment card. Keep your contact and banking info updated to avoid delays.
What if there’s an overpayment?
Overpayments are usually credited against future support or refunded depending on the order and agency procedures. Do not self-offset without guidance.
How do I change my bank info?
Update your disbursement settings through the state portal or by submitting the designated form. Changes can take a pay cycle to apply.
Are there fees for paying/receiving?
Some payment methods or cards may carry convenience or ATM fees. Review options and choose ACH/direct deposit when possible.
Where can I get official payment history?
From the state disbursement unit/child support portal. Keep your own records too; courts often rely on the official ledger.
Records & Privacy
Who can see my case information?
Parties, their lawyers, and authorized agencies. Most case files aren’t publicized online; sensitive data is restricted by law and court rules.
How do I update contact info?
Notify the other party and the court/agency in writing as your order requires. Update phone, email, address, and employer promptly.
I got a suspicious call/text—what should I do?
Do not share personal or payment info. Log into the official portal to verify messages or call the published number for the child support office.
Can my case be sealed?
Courts can limit public access in certain situations. Ask your attorney about a motion to seal or protective orders for sensitive materials.
Enforcement & Credit Reporting
Will arrears affect my credit?
Yes—serious past-due amounts can be reported and may appear on your credit file until resolved.
Can tax refunds be intercepted?
Federal and state refunds can be applied to certified arrears. Intercepts typically go to past-due support first.
How do I get a suspended license reinstated?
Bring payments current or enter a written repayment plan and follow your agency/court’s reinstatement steps. Expect separate fees with licensing authorities.
Can accounts or property be frozen?
Yes—liens and financial holds can be used to collect arrears under certain circumstances.
Calculators, Fees & Legal Help
Are online calculators binding?
No—calculators are estimates. Judges can deviate from guidelines based on statutory factors and evidence.
Who pays attorney’s fees?
The court can order one party to pay some or all of the other’s reasonable fees in enforcement or modification cases, depending on the facts and statutes.
Can mediation help?
Yes—many child support issues settle at mediation, especially when paired with clear financial documentation.
OAG vs private attorney—what’s the difference?
The OAG represents the State’s interests in establishing/enforcing support, not either parent. A private attorney gives you individual legal advice and advocacy.
Legal Fees
Who Is Responsible For Child Support Enforcement Fees? Custodial or Non Custodial Parent
If the court finds that the respondent has failed to make child support payments, the court shall order the respondent to pay the movant’s reasonable attorney’s fees and all court costs in addition to the arrearages. Fees and costs … may be enforced by any means available for the enforcement of child support orders, including contempt.
The Sinkin Law Firm’s child support enforcement fees: Our child support enforcement attorneys look to the court to order the non-custodial parent to pay the child support enforcement fees. We do not charge our clients attorney’s fees for child support collection cases.
Bankruptcy
Taylor v. Speck, 308 S.W.3d 81 (Tex. App. – San Antonio 2010, no pet.)
In this child support enforcement case, the noncustodial parent argued on appeal that the custodial parent waited too long to bring her child support collection case and that the unpaid child support was barred by dormancy.
The San Antonio Court of Appeals held that the recent amendment to the Texas Civil Practice and Remedies specifically removed unpaid child support from the judgments that are subject to dormancy. The Court upheld the trial court’s judgment of $237,248.96 in back child support and interest. The Court also ruled that provisional attorney’s fees may be awarded in the event the noncustodial parent files for bankruptcy.
This case is the first case awarding a child support obligee provisional attorney’s fees in the event the non-custodial parent files bankruptcy and the custodial parent must pursue the child support in the bankruptcy court. Note these attorney’s fees are not owed by the obligor unless the obligor files bankruptcy and the obligee has to go to bankruptcy court to protect the child support.
Dormant
The trial court awarded $113,656.37 in child support arrearages from a 1972 divorce in favor of the child support obligee against the child support obligor. The child support obligee sought child support collection and child support enforcement through a writ of withholding and a cumulative money judgement.
The child support obligor argued his child support obligation had become dormant. The appellate court disagreed, holding dormancy does not apply to an unpaid child support payment.
AFTER 10 YEARS
The trial court awarded $94,666.14 in child support arrearages from a 1968 divorce in favor of the child support obligee against the child support obligor. The child support obligee sought child support enforcement and child support collection by a cumulative money judgement.
The child support obligor argued the statute of limitations has run on this remedy. The appellate court agreed with the child support obligee, the ten year time period for a cumulative money judgement is not a statute of limitations on child support enforcement and child support collection.
WHEN DOES CHILD SUPPORT STOP
The Texas Family Code defines the termination of the duty to pay child support as the later of: age 18 or if the child is enrolled in a program leading to a high school diploma (not GED) AND complying with the attendance policies, the child support continues until the end of the month in which the child graduates. Texas has no provision for child support in college.
The other things that terminate the duty to pay child support are: child marries before age 18; child enrolls in military and leaves home; child dies; child’s is emancipated by a court order. Having a baby does not count unless the child is already married. If child moves in with a boyfriend or girlfriend, the appellate courts are split on whether the duty to support continues.
One of those other weird things – if child is in high school past 18th birthday and drops out the child support stops. If the child goes back into high school, apparently the child support duty is not reinstated so kid and mom are on their own. If child drops out at 16 or 17 and is not married or living on his/her own, child support continues until 18th birthday.
What Information do I need
I just turned 18 last April and now I would like to try to get the back child support my father owes me that has never been paid. What information do I need and how do I hire a child support enforcement lawyer?
The most important information an applicant can provide, aside from the non-custodial parent’s current address, is the name and address of the non-custodial parent’s current employer. If the current employer is not known, the name and address of the last known employer should be provided.
Additionally, the following information about the non-custodial parent should be made available:
Social security number and date of birth;
Names and addresses of relatives and friends;
Names of banks or creditors such as utility companies;
Names of organizations, unions or clubs to which the non-custodial parent belongs
And places where the non-custodial parent spends free time.
Grandparents
Under certain circumstances a grandparent can open a child support collection case to establish and obtain unpaid court ordered child support.
If a grandparent has been appointed the legal guardian of his/her grandchild and the grandparent needs help enforcing and collecting unpaid child support that was ordered by the courts, we can help the grandparent collect and enforce unpaid child support.
In many situations, the grandparent who is receiving government benefits such as TANF or Medicaid, may be asked to cooperate with the Attorney General’s office to establish a child support order with the biological parents of the child.
If the grandparent can provide proof that the child has been living with and under the supervision of the grandparent, then the grandparent should contact a child support attorney immediately.
A separate child support case will be opened with each non-custodial parent (mother and father), even if one or both parents live in the same household.
Excelling in creative solutions, our lawyers do whatever it takes to advocate for our clients. Our attorneys routinely take cases to court with children in their 20s, 30s, 40s and even 50s and have received and collected judgments for unpaid support and interest over $1,000,000. We can help you, too. Free Case Review
Call our law firm today toll-free at (866) 993-CHILD or at (210) 732-6000.
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