How to File for Child Support in Texas

Overview: Two Paths to Child Support in Texas

Texas provides two main ways to establish child support:

1. Through the Texas Attorney General's Office (OAG): Free services for families receiving TANF or who apply for Title IV-D services. The OAG locates the other parent, establishes paternity if needed, and petitions the court for a support order.
2. Private Court Action: File a petition yourself (pro se) or with an attorney in district or county court. Faster if both parties cooperate, but requires navigating court procedures and paying filing fees.

Most families use the OAG route because it's free and the OAG handles all paperwork and enforcement. We'll cover both options below.

Option 1: File Through the Texas Attorney General

The Texas Attorney General's Child Support Division provides comprehensive services at no cost to eligible families. This is the simplest and most common way to establish child support.

Step 1: Determine Eligibility

You are eligible for OAG services if:

• You are receiving Temporary Assistance for Needy Families (TANF) or Medicaid
• You apply for child support services (any parent can apply, regardless of income)

There is typically a small one-time application fee ($3) for non-TANF cases, and a possible annual fee ($35) if you receive more than $550 in support. Fees may be waived if you cannot afford them.

Step 2: Apply Online or In-Person

You can apply for OAG services:

• Online: Visit the OAG online application portal
• By Mail or In-Person: Download the application from the OAG website, complete it, and mail or deliver it to your local OAG child support office

You will need to provide:

• Your name, address, Social Security number, and date of birth
• Child's name, date of birth, and Social Security number
• Other parent's name, address, Social Security number (if known), employer information, and any other locating information
• Birth certificate for the child
• Information about any existing court orders (divorce, custody, support)

Step 3: OAG Locates the Other Parent

If you don't know where the other parent is, the OAG will use state and federal databases to locate them, including:

• Employment records
• Tax information
• Motor vehicle registrations
• Incarceration records

Step 4: Establish Paternity (If Needed)

If the parents were not married when the child was born and paternity has not been legally established, the OAG will:

• Request a voluntary acknowledgment of paternity from the alleged father
• If disputed, request court-ordered genetic testing (DNA test) at no cost to you
• Once paternity is established, the OAG proceeds to establish child support

Step 5: OAG Files Petition for Child Support

The OAG files a petition in court to establish a child support order. The petition includes:

• Information about both parents and the child
• Request for child support based on the Texas guideline formula
• Request for health insurance coverage
• Request for income withholding order

Step 6: Court Hearing or Agreement

Both parents will be notified of a court hearing. At the hearing:

• If both parents agree on the support amount, the court can enter an agreed order immediately
• If contested, the court holds a hearing where both parents present evidence of income and expenses
• The court calculates support based on TFC § 154.125 (percentage of obligor's net resources) and may consider deviation factors

The court will issue a Child Support Order specifying:

• Monthly child support amount
• Health insurance responsibility
• Medical expense allocation
• Income withholding order
• Effective date and payment instructions

Step 7: Enforcement Setup

Once the order is entered, the OAG:

• Sends an Income Withholding Order (IWO) to the obligor's employer (required under TFC § 158)
• Sets up payment processing through the State Disbursement Unit (SDU)
• Monitors compliance and initiates enforcement if payments are missed

Option 2: File a Private Court Action

If you prefer to file independently (e.g., for faster resolution with a cooperative other parent, or because you want direct control), you can file a private petition in court.

Step 1: Determine the Proper Court and Venue

Under Texas Family Code § 103, you typically file in:

• The county where the child has resided for at least six months prior to filing (if child under 18), or
• The county where the parent who has the child resides

You file in District Court or County Court at Law (depending on local practice). Check your county's court website for specific instructions.

Step 2: Gather Required Information and Documents

You will need:

• Full legal names, addresses, dates of birth, and Social Security numbers for both parents and the child
• Child's birth certificate
• Proof of income for both parents (pay stubs, tax returns, W-2s)
• Proof of health insurance costs for the child
• Information about childcare expenses
• Any existing court orders (divorce decree, custody order)

Step 3: Complete and File the Petition

You must file a Petition to Establish Parent-Child Relationship and Child Support (or similar title). Forms vary by county, but many Texas courts provide fillable PDF forms. You can also find forms at:

• Texas Courts Family Law Forms
• Your local district clerk's office
• Legal aid organizations (if you qualify for free assistance)

The petition should include:

• Names and identifying information of both parents and child
• Request to establish parent-child relationship (if paternity is disputed)
• Request for child support order
• Income information and proposed support amount (using the Texas calculator as a guide)
• Request for health insurance coverage
• Request for income withholding

File the petition with the district clerk. Filing fees range from approximately $250 to $400 depending on the county. If you cannot afford the fee, you can file an Affidavit of Indigency to request a fee waiver.

Step 4: Serve the Other Parent

After filing, you must serve the other parent with a copy of the petition and a citation (notice to appear). Service can be accomplished by:

• Sheriff or constable (most common, fee required)
• Private process server
• Certified mail with return receipt (if other parent agrees to waive personal service)

Proof of service must be filed with the court. If the other parent cannot be located, you may need to request service by publication (more complex and requires court approval).

Step 5: Exchange Financial Information

Texas requires both parties to exchange financial information. You may need to complete and exchange:

• Financial Information Statement: Detailed disclosure of income, assets, debts, and expenses
• Income documentation: Pay stubs, tax returns, W-2s, 1099s
• Child Support Worksheet: Calculation of guideline support (many courts provide a worksheet)

Accurate income information is critical for calculating support under the Texas formula.

Step 6: Attend the Court Hearing

The court will schedule a hearing. You must appear and be prepared to:

• Present evidence of your income and the other parent's income (if known)
• Testify about the child's needs and expenses
• Propose a support amount based on the guideline formula
• Address any deviation factors if arguing for non-guideline support

If both parties agree, you can present an Agreed Order for the court to sign. If contested, the court will hear evidence and issue a ruling.

Step 7: Obtain the Child Support Order

The court will issue a Child Support Order that includes:

• Monthly child support amount
• Effective date and payment schedule
• Health insurance responsibility
• Medical and dental expense allocation
• Income Withholding Order (IWO) directing the obligor's employer to withhold support from wages
• Instructions for payments (usually through the State Disbursement Unit)

Make sure you receive a certified copy of the order from the clerk.

Step 8: Implement Income Withholding

Under TFC § 158, income withholding is immediate and mandatory unless the court finds good cause and both parties agree to an alternative arrangement.

You or your attorney must send the Income Withholding Order (IWO) to the obligor's employer. The employer is required to:

• Begin withholding within the first pay period after receiving the order
• Send withheld payments to the State Disbursement Unit (SDU)
• Comply with withholding limits (generally 50-60% of disposable earnings)

The SDU processes payments and disburses them to you (typically via direct deposit or debit card).

Establishing Paternity First

If the parents were not married when the child was born, paternity must be legally established before child support can be ordered (unless it was already established at the hospital via Acknowledgment of Paternity).

Methods to Establish Paternity in Texas:

• Voluntary Acknowledgment of Paternity (AOP): Both parents sign an AOP at the hospital or later at a vital statistics office. This is legally binding and establishes paternity without court involvement.
• Court-Ordered Genetic Testing: If paternity is disputed, either parent (or the OAG) can request the court to order DNA testing. If the test confirms paternity (typically 99%+ probability), the court enters an order of paternity.
• Presumed Paternity: In some cases, a man may be presumed to be the father (e.g., if he was married to the mother at the time of birth or within 300 days before birth).

Once paternity is established, the case proceeds to child support determination.

Key Documents and Forms

Depending on your filing method, you may need the following documents and forms:

Typical Timeline

The timeline for establishing child support varies based on complexity and cooperation:

Costs and Fees

• OAG Services: Generally free. May be a $3 application fee for non-TANF cases and $35 annual fee if you collect more than $550 in support. Fees may be waived for indigency.
• Private Action Filing Fee: $250-$400 depending on county (may be waived with Affidavit of Indigency)
• Service of Process: $50-$100 (sheriff or process server)
• Attorney Fees: If you hire an attorney, fees vary widely ($150-$400/hour or flat fee $1,500-$5,000+ depending on complexity)
• Genetic Testing: Free if ordered by the court and processed through the OAG

Tips for Success

• Calculate Support Accurately: Use our Texas Child Support Calculator to estimate the guideline amount before filing. This helps you know what to expect and prepare for court.
• Gather Complete Financial Information: The more documentation you have (income, expenses, health insurance costs), the smoother the process.
• Be Honest and Accurate: Providing false information can result in sanctions or an incorrect support order that will need to be modified later.
• Consider Mediation: If you and the other parent can communicate, mediation may help you reach an agreement faster and with less conflict.
• Keep Records: Save copies of all filings, orders, and correspondence. Keep a log of all communications with the other parent and the court.
• Follow Court Orders: Once a support order is in place, both parents must comply. Failure to pay can result in enforcement actions, including wage withholding, license suspensions, and contempt.

After the Order Is Entered

Once the child support order is entered:

• Payments Begin: The obligor must begin making payments as of the effective date. Payments should be made through the State Disbursement Unit (SDU) to ensure proper tracking.
• Income Withholding Starts: The employer receives the IWO and begins withholding support from paychecks. Withholding typically starts within 1-2 pay periods.
• Monitor Compliance: The obligee should monitor payments. If payments are missed, contact the OAG (for IV-D cases) or file a private enforcement action.
• Modification: If circumstances change (income loss, job change, health issues), either parent may request a modification of the support order.

Interstate Cases (UIFSA)

If the other parent lives in another state, you can still establish child support. Texas follows the Uniform Interstate Family Support Act (UIFSA), which provides procedures for:

• Establishing support across state lines
• Registering and enforcing out-of-state orders
• Determining which state has jurisdiction

The OAG handles most interstate cases. If you file privately, you may need to work with the other state's courts. Interstate cases take longer but are manageable with patience and coordination.

Additional Resources

• Texas Attorney General Child Support Division - Apply for services, check case status, make payments
• Texas Courts Family Law Resources - Forms, guides, self-help resources
• Legal Aid: If you cannot afford an attorney, contact your local legal aid organization for free or low-cost assistance (e.g., Texas RioGrande Legal Aid, Legal Aid of NorthWest Texas)

Frequently Asked Questions