Texas Child Support FAQ

After receiving a child support order, families may still have questions. Not all child support cases involve a divorce. In Texas, single parents and family caregivers can request child support as well. Child custody is a separate matter from child support in Texas family law.

In a divorce proceeding, the non-custodial parent often pays the custodial parent child support. Under Texas child support law, both parents contribute to the child’s needs under a formula that calculates their combined net incomes and the amount of time spent with the child.

The child’s needs and the parents’ income may change during the child’s life. Understanding every aspect of child support and how payments are made can make the process easier to handle.

Frequently Asked Questions About Texas Child Support Payments

The court calculates child support based on the monthly net resources of the parents and the number of children the parents already support. The judge also considers the needs of the child and the parents’ ability to pay.

Knowing how child support works in Texas can help avoid a great deal of frustration. The answers that follow should dispel a great deal of confusion and provide clarity on a difficult subject.

What are monthly net resources?

Monthly net resources are a parent’s total income less legally allowed deductions. Resources include:

• Wages, salary, and self-employment income
• Retirement benefits
• Social security and disability payments
• Child support payments from other cases

Allowable deductions include:

• Income taxes and other state and federal withholding taxes
• Union dues and some retirement and pension contributions
• The child’s health insurance and medical support for the obligor

Monthly net resources provide a base for child support calculations.

What does child support pay for?

Texas law does not specifically state what child support should cover. The guidelines presume that the court will order the obligor to provide health and dental insurance. The amount of child support must be sufficient to provide the child’s basic needs, including:

• Basic necessities of food, clothing, and shelter at the same level as the child enjoyed before the parents separated
• Educational costs that include supplies, tuition, and sports fees
• Medical care that may consist of the obligor placing the child on their health insurance policy or paying for out-of-pocket healthcare costs. The obligor may also pay a percentage of their income (up to 9% of their gross income) for state-provided health insurance

Courts may order additional child support payments if the child has special needs in education or health care.

Is child support based on visitation? What if we have 50/50 custody?

Child support issues are separate from custody agreements. Judges have discretion to deviate from child support guidelines if warranted. The purpose of paying and receiving child support is to maintain the child in the same standard of living they’d have if the parents lived together.

If parents have 50/50 custody and approximately equal incomes, the judge may not order child support. If you have equal custody but one parent makes substantially less than the other, order support payments are a possibility.

How long do child support payments last?

The child support obligation lasts until:

• The child turns 18
• The child graduates from high school (if the child’s 19th birthday falls before the end of the school year)
• The child legally emancipates or marries
• The child enlists in the U.S. military and begins active duty
• The child dies

A parent may file a request for a support order past the child’s 18th birthday if the child attends an accredited school in a program working towards a high school diploma.

Court-ordered support is available for an adult disabled child who is unable to work or become self-supporting. Parents and children should consult a family law attorney for assistance.

How can I make child support payments in Texas?

Texas parents make child support payments through the State Disbursement Unit (SDU). The easiest method is by providing your employment information to the Office of the Attorney General (OAG) and authorizing wage withholding from your paycheck. This option ensures that your payments are on time and that the state has an accurate record of your payment history.

There are other payment options if you prefer to make payments yourself. These include:

• Pay by mail: You can send a check or money order to the SDU. You must allow time for delivery and processing.
• Pay by cash: Texas’s Child Support Division has Smart e-Pay at TouchPay kiosks around the state to allow parents to make support payments in cash. You can only make payments at the kiosks when the locations are open.
• Online or electronic transfer: You can set up an online account and make payments on your phone, from your bank account, or with a credit or debit card. Online payments may take up to seven days to post to your account.

What happens if I miss a child support payment in Texas?

A single missed payment is not a cause for alarm. More than that can become a problem. Texas child support enforcement takes delinquent support payments seriously. If an obligor falls too far behind in payment, the OAG may begin enforcement proceedings, including:

• Income withholding and wage garnishment
• Driver’s license suspension and suspension or denial of professional licenses
• Denial or revocation of a passport
• Liens on property, bank accounts, and other financial accounts
• Criminal charges are a last resort

Failure to pay child support is a felony. If you are unable to make your support payments, contact an attorney to arrange a support modification immediately.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify Texas law(s) before making any legal decisions.

Research the Law

• Official State Codes
• Texas Statutes and Constitution

Texas Child Support Payment: Related Resources

• Texas Child Support Calculations
• Texas Child Support and Custody Modifications
• Texas Divorce Process

Need Help With a Child Support Payment Issue? Get Legal Advice from a Texas Family Law Attorney

If you need help with a child support payment or have questions about your ongoing child support case, reach out to an experienced Texas child support attorney. A lawyer with expertise in child support cases can be a tremendous help.