Child Support

With a few exceptions, child support is based on net income from all sources. Your employer is required by law to withhold child support from your wages, and any ordered medical and dental support and back child support.  

Read Texas Family Code 154.061 and 154.062 for a full list of net resources.

In addition to current child support, withholding may include: 

• Medical support (cost of health insurance, CHIP, Medicaid), 

• Dental support (cost of dental insurance), 

• Arrearages (past due or “back” child support), and 

• Retroactive child support (support from parents' separation until orders are made by the court). 

Texas Family Code 154.062.

Texas Family Code 154.125(b).

Usually, child support ends when the last child turns 18 or graduates from high school, whichever is later. If your child has a disability, it might last longer. 

If the Department of Family and Protective Services (DFPS/CPS) has temporary conservatorship of a child or permanent conservatorship of a child but parental rights have not been terminated, the court might order either or both parents to pay child support. 

Even if your parental rights have been terminated, you might be ordered to pay child support until the child is adopted or any of the above-mentioned instances happen. 

Note: If you owe back child support (arrearages), payments will continue even after the child turns 18—until the debt plus interest is paid in full. Terminating parental rights will not erase child support arrearages.  

Read Texas Family Code 154.001 and 154.006 for more information.

To increase or decrease support, you must show a change in circumstances for the child or either party since the entry of the last child support order. Read Changing a Child Support Order for more information.

If you want to modify (change) your child support, use our child support modification guide. You can also ask the Office of Attorney General Child Support Division (OAG) to review the amount of current support if it’s been at least three years since the last child support order and the current amount varies from the child support guidelines by 20% or $100.

For court-ordered child support, the law requires all payments to go through the Texas Child Support Disbursement Unit (SDU) so it is recorded before forwarding the payment to the custodial parent.

Payments sent to the custodial parent are not automatically credited against the child support obligation, and might even be considered a "gift." 

Texas Family Code 154.004.

If your child receives food stamps, Medicaid, WIC, or other government benefits, the OAG has the right to file for a child support order to offset the cost of those services, even if the parents don’t apply for support.

Possibly. Disability payments are subject to child support withholding. The court will use the child support guidelines (above) and subtract (offset) the amount of benefits paid to or for the child as a result of your disability. 

Texas Family Code 154.132.

Yes. Every state is required to uphold the child support orders of another state under the Uniform Interstate Family Support Act (UIFSA). Depending on the country, it can also be enforced internationally. 

If you want to learn more, read Interstate Child Support Issues: Uniform Interstate Family Support Act (UIFSA).

If you and the other party do not agree on child support your case is contested. It’s a good idea to talk with a lawyer if your case is contested. 

The Office of the Attorney General (OAG) may also be able to help. Although the OAG cannot represent either parent, the OAG can ask a judge to make an order for child support, medical support, custody, and possession. 

Once there is a final court order for custody and support of your children and you need a divorce, you can use the guide I need a divorce. We have minor children. A final custody and support order is already in place. 

For information about opening a case with the OAG, call 800-255-8014 or visit their website.