Texas Child Support Laws

Table of Contents

Quick Summary: Texas Child Support

  • Guideline Model: Percentage of Income Model (non-custodial parent’s income only)
  • Net Resources Cap: $11,700 per month (effective September 1, 2025)
  • Basic Percentages: 20% for 1 child, 25% for 2, 30% for 3, 35% for 4, 40% for 5+
  • Age of Termination: 18 (or 19 if still in high school)
  • Modification Threshold: 20% or $100 difference, or 3 years since last order
  • Governing Statute: Texas Family Code Chapter 154
  • Agency: Office of the Attorney General, Child Support Division (CSD)

How to Apply for Child Support in Texas

In Texas, the Child Support Division (CSD) under the Office of the Attorney General has the authority to offer child welfare services including child support application, medical support, dental support, and all child support services for dependent children.

To apply for services, you must create a CSD account here or apply in person at the nearest child welfare offices. Find child support locations in Texas on the linked map.

During application, you must provide as much information as you can. The application process can take up to an hour to complete. Try to provide accurate information, or you may have to repeat the process from the beginning.

What the CSD needs from the applying parent includes personal information such as both parents’ names, last known address, telephone number, social security numbers, employer name and address, and any other document that may be useful.

You will also need the name of the child(ren), birth certificate(s), location of birth, or any other supporting document you can provide.

What to remember:

  • Parents who have experienced domestic violence or fear applying may seek help from the Child Support and Family Violence program.
  • Custodial parents receiving “register only” payment processing and record-keeping must pay a $3 monthly service fee.
  • The CSD may close your case if you fail to communicate or provide requested information.
  • To receive the application form by mail, call (800) 252-8014. Mail application takes longer than online or in-person application.
  • Parents who have never received TANF (Temporary Assistance for Needy Families) or state support must pay a $35 annual service fee.

Download Texas Child Support Forms Here.

How is Paternity Established in Texas?

According to Texas child support laws, the biological father does not have legal rights towards the child until he, the court, or CSD establishes paternity.

There are two ways to establish paternity in Texas: voluntary acknowledgment of paternity or involuntary establishment of paternity.

Voluntary Acknowledgment of Paternity (AOP) is when a father completes the AOP form at the hospital after childbirth or at local support offices. Involuntary acknowledgment is when the court or CSD orders a paternity test.

Also, when a child is born to a married couple, or 300 days after divorce, death, or separation, then the law presumes that the man is the father.

What to remember:

  • If either parent refuses to take a paternity test, the Office of the Attorney General may petition the court to order a paternity test.
  • Minors can sign the AOP form without parental consent.
  • You have 60 days to rescind an AOP by filing a “Rescission of the Acknowledgement Form.”
  • If the child’s paternity is in question, or if a DNA test comes out negative, the father may file a petition asking the court to terminate his relationship with the child(ren).

What is Child Support Supposed to Cover in Texas?

Texas Child Support Guidelines dictate the amount of child support a parent must pay. However, the courts only apply these guidelines when they serve the best interests of the child.

In the eyes of the court, the child’s interests include medical and educational expenses, daycare expenses, and the child’s basic needs, including shelter, clothes, and food.

In a situation where the child support order puts unnecessary strain on either parent’s financial resources, the judge will deviate. Texas Family Code 154.123 lists the following grounds for deviation:

  • The changing needs of a growing child.
  • The parent’s ability to contribute to raising the child.
  • College or higher education expenses.
  • Each parent’s financial resources.
  • Any special needs of the child.

How to Calculate Child Support in Texas

In Texas, the courts calculate child support based solely on the paying (non-custodial) parent’s income. The state’s child support formula does not consider the custodial parent’s income or the amount of time you spend with the child.

2025 Update: Effective September 1, 2025, the maximum monthly net resources cap increased from $9,200 to $11,700. This means the guideline percentages now apply to a higher income threshold.

Texas Family Code Chapter 154.125 sets the following guidelines for calculating child support:

Number of Children Percentage of Obligor’s Net Resources
1 20%
2 25%
3 30%
4 35%
5 40%
6+ Not less than the amount for five children

Example: If a non-custodial parent has monthly net resources of $5,000 and one child, the guideline child support amount would be $1,000 per month (20% of $5,000).

The Attorney General of Texas website has a child support calculator that you may use to estimate your support obligation.

What to remember:

  • The calculator or worksheet only estimates child support obligation. Your court order may be different.
  • Parents can make a child support agreement out of court.
  • If the non-custodial parent’s monthly net income exceeds $11,700, the court has discretion on amounts above the cap.
  • “Net resources” means gross income minus taxes, Social Security, union dues, and health insurance premiums for the child.

How to Modify Child Support in Texas

Texas child support guidelines allow parents to request a review or modification on two grounds:

  1. The petitioning parent must experience material and substantial change in circumstances.
  2. The order was established or modified three years ago, AND the monthly amount of child support order differs by either (a) 20% or (b) $100 from the amount that would be awarded according to child support guidelines.

What Does “Material and Substantial Change in Circumstances” Mean?

A material and substantial change refers to situations where the paying parent is unable to honor his obligation or has seen increased income thus capable of paying more.

For example, if your work hours decrease, or if you lose your job, or develop a disability, you may petition for a reduction. If your income increases and the needs of the child change, the custodial parent can petition for an increase. The burden of proof is on the petitioning party.

Grounds for child support modification in Texas include:

  • The addition of new children into the household.
  • A change in the child’s medical insurance coverage.
  • Change of custody arrangement.
  • Involuntary job loss or involuntary underemployment.
  • Significant increase or decrease in either parent’s income.

How to Request a Child Support Order Review in Texas

There are two ways to request a support order review in Texas. One is through online modification. Two, you may download, complete, and mail “the Request for Review” form.

What to remember:

  • Your child support order can only be changed via in-office negotiation or CSRP (Child Support Review Process) or through a court hearing.
  • If CSRP or informal agreement fails, the modification request is forwarded to the courts.

If you need any more information, call (800) 252-8014.

What Happens if You Do Not Pay Child Support in Texas?

The Office of the Attorney General may use any of the following enforcement tools to collect child support when a parent fails to pay:

  • License suspension: Through 60 licensing agencies including the DMV, the OAG can suspend the delinquent parent’s professional, driver’s, or business license.
  • Passport Denial: Through the State Department, the OAG may deny or revoke the paying parent’s passport if you owe at least $2,500.
  • Liens: The OAG might order liens on the payor’s property, retirement funds, personal injury claims, bank accounts, and so on.
  • Credit bureau reporting: The OAG may also report the amount of child support you owe to credit bureaus.

Contempt of Court Charges in Texas

Failure to pay child support may prompt the judge to find the parent in contempt of court. Contempt of court charges in Texas carry a six-month jail sentence.

If the court finds that you “intentionally” or “knowingly” failed to pay child support, you may spend up to two years in a state jail facility, or pay a maximum fine of $10,000, because Texas Penal Code 25.05 says that such a failure is a felony.

What to remember:

  • You may prevent enforcement action by honoring your obligation.
  • Most support orders in Texas include an automatic Income Withholding Order (IWO).
  • Child support arrears will impact your credit rating.
  • Incarcerated parents must file an “incarcerated non-custodial parent affidavit of income assets” and show the court that there has been “material and substantial change in financial circumstances.”

When Does Child Support End in Texas?

Your child support order will terminate on the child’s 18th birthday. However, if the child has not yet graduated high school, payments may continue until the child’s 19th birthday.

In cases where the parents agreed to contribute to college or university fees, your order will end once the conditions of the agreement are satisfied. Your obligation may also continue beyond 18 if the child is mentally or physically disabled.

How to End Child Support Early in Texas

Minors in Texas may petition the court for emancipation at 16. To qualify, your income must be legal, the child must demonstrate an ability to handle his or her affairs, and you must be living apart from your parents.

The other options are to join the military or get married.

Frequently Asked Questions

What is the new child support cap in Texas for 2025?

Effective September 1, 2025, the maximum monthly net resources cap increased from $9,200 to $11,700. This means the guideline percentages (20%, 25%, 30%, etc.) now apply to incomes up to $11,700 per month. For income above this cap, the court has discretion.

Does Texas consider both parents’ incomes for child support?

No. Texas uses a Percentage of Income model that only considers the non-custodial (obligor) parent’s net resources. The custodial parent’s income is not factored into the guideline calculation.

Can I get child support if we were never married in Texas?

Yes. Marital status does not affect your right to child support. However, if you were not married, paternity must be legally established first through an Acknowledgment of Paternity (AOP) or court order before child support can be ordered.

How long does it take to get a child support order in Texas?

If paternity is established and both parties cooperate, a child support order can typically be established within 60 to 90 days. Contested cases or those requiring paternity testing may take longer.

Can child support be taken from my tax refund in Texas?

Yes. If you owe past-due child support, the OAG can intercept your federal and state tax refunds to pay toward your arrears.

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