Child Support in Texas
How to Apply For Child Support in Texas
The Texas Division of Child Support is under the authority of the state’s Office of the Attorney General. Anyone who is interested in obtaining support in Texas can do so by applying online or requesting an application. Download Forms.
How Child Support Calculated in Texas?
Texas calculates support amounts by factoring in a person’s income, any court-ordered medical support that is paid and any other support payments that are already owed. Texas takes into account a parent’s total net resources when determining obligation amounts.
How To Claim and Pay Child Support?
Support payments in Texas can be received via direct deposit or through a Texas Payment Card. Support payments in Texas can be paid using TouchPay kiosks, Fidelity Express, MoneyGram and Smart e-Pay. It’s also possible to send payments through the mail to the State Disbursement Unit (SDU).
Child Support Performance Stats for Texas
The Child Support Division in the Office of the Attorney General exists to help parents obtain the level of financial support needed to help children grow up and thrive. The Office of the Attorney General uses certain benchmarks to measure the success of the program.
Statistics for Regular On-Time Payments Collection
Other Incentive Performance Measures
| Performance Measures | 2012 | 2013 | 2014 | 2015 | 2016 |
|---|---|---|---|---|---|
| Statewide Paternity Establishment (%) | 100.4 | 100.86 | 101.77 | 94.67 | 93.87 |
| IV-D Paternity Establishment (%) | N/A | N/A | N/A | N/A | N/A |
| Support Order Establishment (%) | 82.58 | 82.47 | 83.24 | 82.93 | 83.13 |
| Cost-Effectiveness ($) | 11.11 | 11.61 | 11.34 | 12.26 | 11.21 |
Total Number of Children in the Child Support Program
Total Distributed Collections and Total Administrative Expenditures ($ Millions)
| 2012 | 2013 | 2014 | 2015 | 2016 | |
|---|---|---|---|---|---|
| Total Distributed Collections ($) | 3320.42 | 3541.22 | 3706.77 | 3869.74 | 3975.43 |
| Total Distributed to Families ($) | 3260.08 | 3484.81 | 3653.43 | 3819.31 | 3927.6 |
| Total Administrative Expenditures ($) | 312.59 | 317.61 | 339.88 | 327.36 | 367.22 |
Average Collections per Case with Collections
Can the support be paid off early?
There is nothing preventing a person from paying child support early. However, that doesn’t mean that additional obligations won’t accrue if circumstances change.
What Will Happen if You fall Behind Child Support Payment?
The Texas Office of the Attorney General will use all resources within its power to collect funds that are owed. This can include seizing wages, placing liens on the property, suspending personal and professional licenses, confiscating tax returns, pursuing felony charges and more.
Can you get alimony and support at the same time?
Yes, Texas allows getting alimony and support at the same time.
Can you stop the support payments?
Payments can only stop once a child reaches the legal age when a support obligation ends or if some other extraordinary circumstance applies.
Child Support and Taxes
A parent’s tax status generally won’t change once support is involved. The person making the payments may be able to claim a child as a dependent.
Can child support payments be claimed on taxes in Texas?
No, they can not.
How does my child support affect my taxes in Texas?
Support obligations do not count as income for the person on the receiving end. In addition, they are not deductible for the person making the payments.
Can child support be taken pre-tax?
No, it can not be taken pre-tax.
Can child support Take my federal tax return?
The Office of the Attorney General and the IRS can work together to seize your tax return if you are behind on payments.
Paternity Establishment
Establishing paternity is something that must be done before an obligation order can be created in Texas. Texas law dictates that each parent has the duty to financially and emotionally support a child.
How do you establish paternity?
Paternity may be established voluntarily in Texas if both parents sign an Acknowledgment of Paternity (AOP) and file it with the Texas Vital Statistics Unit. Paternity can also be established through the Texas courts if necessary.
What rights does a father have if not on the birth certificate?
A father does not have the right to visitation or custody until paternity is established.
Can a mother refuse me paternity test?
A court can order genetic testing if necessary.
How to establish paternity if the father is deceased?
A family member can usually participate in genetic testing as an alternative.
Can a father get a paternity test without the mother?
A family member can usually participate in genetic testing as an alternative.
How long does a father have to establish paternity in Texas?
An acknowledgment or affidavit of paternity (AOP) can be signed at the hospital within 72 hours of the child's birth, or at the local health department. Both the mother and the father must sign the affidavit. Within 60 days of the signing the affidavit, however, anyone who is entitled to file a paternity case can file a case and ask for genetic testing.
Support Order Establishment
The Division of Child Support can assist with locating an absent parent, establishing paternity, collecting support, distributing support and all of the other aspects of establishing, enforcing and modifying support.
State Child Support Orders
Parents with support cases can participate in a Child Support Review Process (CSRP) negotiation conference in order to establish an order.
Can the support be modified?
Yes, it can be modified.
You can modify child support once every three years.
How do I file for a modification of child support?
Only a court can modify a support order in Texas. A modification cannot simply be done by agreement of the two parents. A modification may be granted if a drastic material or substantial change occurs regarding the adults or children involved in a case.
Can a support order appealed?
Grounds for the modification or appeal of an order include a material or substantial change in the circumstances of a child or parent.
Do you need a lawyer to modify the support?
It is recommended to have legal representation when going through the court to request a modification.
Child Support Enforcement
How long does the support enforcement take?
This will depend on how many services must be provided by the Division of Child Support before an order can be established.
What to do when the support is not paid?
A caseworker should be notified immediately.
What Happens if I’m not paying Child support?
You will potentially have paychecks and other earnings withheld. In addition, the Texas Department of Motor Vehicles can send a denial of motor vehicle registration renewal to parents who are behind on payments by at least six months.
How much overdue child support payment can be considered a felony?
Support that is overdue by two years or that exceeds $10,000.
Can the support debt be forgiven?
Only the custodial parent has the legal right to forgive support debts in Texas. The court cannot force the custodial parent to do so.
Support Order Termination
How do I stop a child support order?
This must be done through the court.
When Can I Apply for Child Support Termination?
If a child becomes emancipated, is no longer under the custody of the custodial parent or if some other qualifying circumstance occurs.
Can the custodial parent close a support case?
A case can be reviewed for closure as long as the custodial parent no longer receives TANF or Medicaid.
When Can I Stop Paying Child Support?
When a child reaches the appropriate legal age or if some other qualifying circumstance occurs.
A support obligation in Texas terminates when a child turns 18 or graduates from high school.
Texas Hearing Rights
Only the person making support payments can request a court hearing for a modification in Texas. Both parents have hearing rights for other matters.
Texas Child Support Guidelines
Texas calculates support payments based on the monthly income of the payer and certain deductions. The maximum amount of monthly net resources that can be used to calculate support in Texas is $8,550.
Texas Child Support Coverage
What is child support meant to cover?
Life essentials like food, clothing, and shelter.
Does Child Support Cover Medical Care Expenses?
Yes, child support does cover medical expenses.
What if Both Parents are working, will Child Support Cover child care services?
Typically, child support can cover child care services under Texas Child Support laws.
Are Car Maintenance Costs Covered by the Support?
Typically yes, car maintenance costs are covered by child support.
What is Considered Basic Entertainment for Child Support?
Basic entertainment can include access to the Internet, movies and television shows. It can also cover the cost of admission to attractions, events and activities.
Are College and School expenses Covered by Texas Child Support?
Not under normal circumstances. However, Texas law does not prevent parents from negotiating and contracting for additional child support obligations related to college expenses.
Yes, school related costs are covered by child support.
Are Extracurricular Activities covered by Support?
Yes, extracurricular activities are covered by state support.
Useful links
Texas Child Support Offices
| Institution name | Physical address | Email address | Phone number | Website |
|---|---|---|---|---|
| Child Support Division | Office of the Attorney General Child Support Division Austin, TX | N/A | (800) 252-8014 | https://www.texasattorneygeneral.gov/cs/contact-the-child-support-division |
| Alabama-Coushatta Tribe of Texas | 571 State Park Road Livingston, Texas | flores.ceciliag@actribe.org | (936) 563-1331 |
County Child Support Offices in TX
| County name | Institution name | Physical address | Email address | Phone number | Website |
|---|---|---|---|---|---|
| Taylor County | Taylor County, TX Abilene Child Support Office | 3444 North 1st St, Ste 300, Abilene, TX 79603 | N/A | 1(800) 252-8014 | https://csapps.oag.texas.gov/locations/offices |
| Brewster County | Brewster County, TX Alpine Child Support Office | 121 N 6th Street, Alpine, TX 79830 | N/A | 1(800) 252-8014 | https://csapps.oag.texas.gov/locations/offices |
| Potter County | Potter County, TX Amarillo Child Support Office | 301 South Polk St, Ste 200, Amarillo, TX 79101 | N/A | 1(800) 252-8014 | https://csapps.oag.texas.gov/locations/offices |
Download Child support Forms for Texas
| Title | Number |
|---|---|
| Child Support Complaint FormChild Support Complaint Form | 1600 |
| CP Affidavit of Direct Payments | 1A007e |
| INCOME WITHHOLDING FOR SUPPORT | OMB 0970-0154 |