Filing for child support in Texas can feel overwhelming, but the process is straightforward when you know what to expect. Whether you are a custodial parent seeking support or a noncustodial parent responding to a request, understanding the steps and requirements involved can help you navigate the system confidently.
In this blog post, we’ll guide you through the process of filing for child support in Texas, explain key details about the state’s child support system, and provide helpful resources.
Step 1: Understand Texas Child Support Laws
Child support in Texas is governed by the Texas Family Code and is administered by the Office of the Attorney General (OAG). The system is designed to ensure that children receive the financial support they need for essentials like food, housing, education, and healthcare.
Key points to know:
1. Who Pays Child Support: The noncustodial parent typically pays child support to the custodial parent (the parent with primary custody of the child).
2. Guidelines for Payment: Child support is calculated based on a percentage of the noncustodial parent’s net income. For example:
- 1 child: 20% of net income
- 2 children: 25% of net income
- 3 children: 30% of net income
Step 2: Gather Necessary Information
Before filing for child support in Texas, you’ll need to gather important information and documents, including:
- Your child’s birth certificate
- Social Security numbers for yourself, your child, and the other parent
- Proof of income for both parents (e.g., pay stubs, tax returns, or W-2 forms)
- Child custody order, if applicable
- Evidence of expenses, such as healthcare, daycare, or school costs
Having these documents ready will streamline the filing process.
Step 3: Open a Child Support Case
You can open a child support case in Texas through the Office of the Attorney General or by working with a private attorney. Here’s how:
Filing Through the Office of the Attorney General
1. Online Application: Visit the Texas Attorney General Child Support Division website to fill out the online application. This service is free of charge.
2. In-Person Application: You can also apply in person at your local child support office. Use the Office Locator Tool to find an office near you.
Filing Through a Private Attorney
If your case involves complicated custody issues or significant disagreements about child support, you may choose to hire a private attorney to file a case on your behalf. This route often moves faster but comes with legal fees.
Step 4: Establish Paternity (If Necessary)
If the parents are unmarried and paternity has not been legally established, this step is required before child support in Texas can be ordered.
Ways to establish paternity in Texas:
- Voluntary Acknowledgment of Paternity (AOP): Both parents sign a legal form acknowledging the father.
- Court Order: A judge can establish paternity if there’s a dispute.
- Genetic Testing: DNA testing can confirm paternity if there’s uncertainty.
Step 5: Attend the Child Support Hearing
After you’ve filed your case, the court will schedule a hearing. During the hearing:
- The court will review financial information from both parents.
- A judge will determine the amount of child support based on Texas guidelines.
- A child support order will be issued.
Both parents must attend the hearing. If the noncustodial parent fails to appear, the court may issue a default judgment, ordering child support based on available information.
Step 6: Enforce the Child Support Order
Once the court establishes a child support order, payments can be made directly to the custodial parent or through the State Disbursement Unit. Noncustodial parents typically pay through:
- Wage Withholding: Payments are automatically deducted from the paying parent’s paycheck.
- Direct Payments: Parents can use the Child Support Interactive (CSI) tool to make online payments.
If the noncustodial parent fails to pay, enforcement actions may be taken, including:
- Wage garnishment
- Driver’s license suspension
- Passport denial
- Contempt of court charges
Step 7: Modify the Child Support Order (If Needed)
Life circumstances change, and either parent can request a modification to the child support order if:
- The paying parent’s income significantly increases or decreases.
- The child’s needs change (e.g., medical or educational expenses).
- It has been at least three years since the last order, and the amount would differ by at least 20% or $100.
To modify a child support order in Texas, you must file a petition with the court or request a review through the OAG.
Conclusion
Filing for child support in Texas ensures that your child receives the financial support they deserve. While the process may seem complex, understanding the steps and leveraging available resources can make it more manageable. Whether you choose to file through the Office of the Attorney General or work with a private attorney, the ultimate goal is to secure your child’s well-being and future.
If you need help navigating the child support process, consider consulting with a family law attorney to ensure your rights—and your child’s needs—are fully protected.
Attorney Grant Frankfurt
Attorney Grant Frankfurt is a board-certified family attorney based in Dallas, Texas. Grant Frankfurt has helped individuals navigate through complex divorce and legal family matters for over a decade. Schedule a consultation today online or call me at (214) 775-5050.
