Best Child Support Lawyers in Texas

About Child Support Law in Texas, United States

Child support in Texas is a set of laws and guidelines designed to ensure that children’s financial and medical needs are met when their parents are no longer together. The state of Texas recognizes the right of every child to receive support from both parents. Enforcement and oversight of child support cases are managed by the Office of the Attorney General of Texas. Child support is calculated based on the income of the non-custodial parent and the number of children involved, and is typically paid monthly to help cover living expenses, education, health care, and more.

Why You May Need a Lawyer

Hiring a lawyer experienced in Texas child support law can be beneficial for a variety of reasons. Common situations when legal assistance is helpful include:

• Establishing child support orders for the first time
• Requesting modification of existing child support orders due to changes in circumstances such as job loss or increased needs of the child
• Enforcing child support orders when payments are not being made
• Addressing disputes regarding paternity that impact support obligations
• Navigating complex situations such as self-employed parents or those with fluctuating income
• Responding to enforcement actions, wage garnishments, or license suspensions due to unpaid support
• Understanding your rights and obligations under Texas law if you are relocating out of state

An attorney can help ensure your rights are protected, paperwork is filed correctly, and your interests and those of your children are fully represented.

Local Laws Overview

Child support in Texas is governed primarily by the Texas Family Code. Key legal aspects include:

• Guideline Support Amounts: Texas uses percentage guidelines based on the net income of the non-custodial parent and the number of children to determine the amount of support.
• Income Withholding: Most Texas child support orders include income withholding, meaning payments are taken directly from the parent’s paycheck.
• Health Insurance: The parent ordered to pay child support is usually required to provide health insurance if it is available at “reasonable cost.” If not, a cash medical support amount may be ordered.
• Duration: Child support generally continues until the child turns 18 or graduates from high school, whichever comes later. It may also be extended in cases involving special needs or disabilities.
• Modification and Enforcement: Either parent can request changes to the support order if circumstances significantly change. The Office of the Attorney General can help with enforcement, including penalties for non-payment such as license suspension or contempt of court.
• Paternity: In cases where paternity is in question, the courts can order genetic testing before establishing a support order.

Frequently Asked Questions

How is child support calculated in Texas?

Texas uses a formula based on the non-custodial parent’s net income and the number of children. For one child, 20 percent of net income is the standard guideline, increasing by 5 percent for each additional child up to five children.

Can child support be modified if circumstances change?

Yes, either parent can ask the court to modify the child support order if there is a significant change in circumstances, such as a job loss, change in income, or increased expenses for the child.

What happens if a parent does not pay child support?

Failure to pay child support can result in enforcement actions such as wage garnishments, tax refund interceptions, suspension of driver’s or professional licenses, or even jail time for contempt of court.

Does child support cover health insurance and medical expenses?

Yes, the paying parent is usually required to provide health insurance if available. The court may also order the payment of uninsured medical expenses in addition to the regular child support amount.

How long does child support last in Texas?

Child support generally continues until the child turns 18 or graduates from high school, whichever occurs later. There are exceptions for children with disabilities, where support may continue indefinitely.

Can grandparents or other relatives seek child support?

In certain situations, a non-parent who has custody of a child may obtain a child support order against one or both biological parents to ensure support is provided for the child.

Is child support required if parents have joint custody?

Yes, even with joint custody, child support may be ordered if there is a significant difference in each parent’s earnings or the time the child spends with each parent.

What if the paying parent lives in another state?

Child support orders are enforceable across state lines due to federal laws. The Texas Attorney General’s office and courts can work with authorities in other states to establish or enforce child support.

Does child support automatically stop when the child turns 18?

No, it generally stops once the child turns 18 or graduates from high school, whichever is later. The paying parent must confirm and ensure that all past due amounts (arrears) are settled.

How can paternity be established for child support purposes?

If paternity is in question, either parent can request genetic testing through the Texas courts or the Attorney General’s office. Once paternity is established, a child support order can be issued.

Additional Resources

If you are seeking help or more information about child support in Texas, the following resources can be valuable:

• Office of the Attorney General of Texas (Child Support Division): Handles establishment, enforcement, and modification of child support orders.
• TexasLawHelp.org: Provides easy-to-understand legal information and resources for families navigating child support issues.
• Texas Family Courts: Oversees child support hearings, modifications, and special petitions related to support and custody.
• Local Legal Aid Organizations: Many counties have legal aid services for low income families needing assistance with child support matters.
• State Bar of Texas - Lawyer Referral Service: Can connect you with qualified attorneys experienced in family and child support law.

Next Steps

If you need legal assistance with a child support issue in Texas, consider the following steps:

1. Gather all documents related to your case, such as existing court orders, proof of income, and any communication with the other parent or the Attorney General’s office.
2. Consult the Office of the Attorney General of Texas for general guidance or enforcement support.
3. If your case is complex or contested, consult with a Texas-licensed family law attorney who specializes in child support matters. An attorney can explain your options, help complete paperwork, and represent you in court if needed.
4. Research and utilize local legal aid organizations if you qualify for free or reduced cost legal assistance.
5. Continue to put the best interests of your child first at every step, and keep thorough records of all payments, correspondence, and court proceedings related to your case.

Taking these steps will help you confidently navigate the process and ensure your child's financial and emotional well-being are supported.