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Child Support
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Texas Child Support Attorney

Key Takeaways

  • A Texas child support lawyer can pursue enforcement through wage garnishment, tax refund interception, license suspension, and property liens.
  • Bring your court order, proof of income, payment history, and documentation of any material change in circumstances to your consultation.
  • Texas child support amounts are based on the number of children and the obligor’s monthly net resources, with possible adjustments for extraordinary needs.
  • Support generally ends when the child turns 18 or graduates from high school, but may continue for children with qualifying disabilities.
  • Texas courts may modify child support orders when there are significant changes in income, custody arrangements, or the child’s needs.

Raising a child requires consistent financial support. When child support stops or falls behind, the effects can be sudden and overwhelming. You may struggle to cover essential expenses like food, housing, healthcare, and education while trying to figure out your next steps.

Unpaid support can add up quickly, leaving your child’s needs unmet. Texas law provides strong enforcement options, but navigating the process alone can be challenging.

At The Law Office of Raul V. Treviño, we stand by you every step of the way. Our Texas child support lawyer will explain your rights, pursue enforcement or modification when needed, and work toward an agreement that serves the best interests of your child.

How Can a Texas Child Support Lawyer Help Me Enforce a Child Support Order?

When child support is overdue or unpaid, a Texas child support attorney can take legal action to enforce the court order. Texas law allows enforcement tools such as income withholding, interception of federal tax refunds and certain state-administered payments, suspension of driver’s or professional licenses, and contempt proceedings, which may lead to fines or jail time.

An attorney can also coordinate with the Office of the Attorney General’s Child Support Division, send formal demand letters, file enforcement motions in court, and pursue interstate enforcement under the Uniform Interstate Family Support Act (UIFSA) if the paying parent lives outside Texas.

At The Law Office of Raul V. Treviño, our family law attorney understands the financial and emotional strain unpaid child support can cause. We use a thorough, organized approach to help parents navigate enforcement procedures and protect their children’s financial well-being under Texas law.

What Should I Bring to My Child Support Consultation?

When you meet with a Texas child support attorney, arriving with key documents will help them evaluate your case and provide accurate guidance. Bring:

  • Court records: The most recent child support order, custody order, and any divorce or paternity orders.
  • Income verification: Current pay stubs, tax returns, or self-employment income statements for both parents.
  • Payment history: Receipts or official state registry records showing payments made or missed.
  • Documentation of changes: Proof of significant changes such as job loss, new dependents, changes in health coverage, or custody modifications.
  • Other children: Information on any other children either parent is legally required to support.
  • Prepared questions: Notes on your goals and questions about child support enforcement, modification, or interpretation of your agreement.

At The Law Office of Raul V. Treviño, we review these materials carefully so we can provide clear and practical next steps tailored to your situation.

Why Choose The Law Office of Raul V. Treviño

The Law Office of Raul V. Treviño helps parents across Texas address child support issues with clarity and care. We value the attorney-client relationship and handle matters involving enforcement, modification, and clarification of child support obligations, always guided by the Texas Family Code and the best interests of the child.

Every family’s circumstances are different. Our family law attorney takes time to understand your goals, review the details of your case, and explain your legal options in straightforward terms. Whether you need assistance calculating the amount of child support, responding to child support disputes, or enforcing a court order, we provide guidance at each step so you can move forward with confidence.

Testimonials

“Raul has always gone the extra mile for me, especially in my child custody case. I highly recommend him.” — Rafael N.

“So appreciative of Raul and Myra!! 10 out of 5 stars! They were able to assist me with my legal issues swiftly and kept in touch with me every step of the way! I was never left wondering,” whats next?” They handled my situation with such professionalism and care and i would definitely recommend for anyone who is looking for someone who gets things done!” — Dayna J.

“Raul and his staff were absolutely amazing. Walking me through each step and ensuring that they would be there. I highly recommend him for any of your legal needs.” — Robert F.

Understanding Child Support Laws in Texas

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In the state of Texas, child support is set by rules in the Texas Family Code, Chapter 154. The amount is based on the paying parent’s (called the obligor) monthly income after certain deductions and on how many children are covered by the order:

  • 20% for one child
  • 25% for two children
  • 30% for three children
  • 35% for four children
  • 40% for five or more children

Income can include wages, salary, commissions, bonuses, overtime pay, and some benefits. There’s usually a limit on the net resources used to calculate support (currently $9,200 per month), but the court may order more if the child’s proven needs justify it.

If payments are missed, the total owed can’t be reduced later. This is because of a federal law called the Bradley Amendment (42 U.S.C. § 666(a)(9)). Unpaid amounts can be collected through methods like wage withholding, liens on property, or intercepting tax refunds.

Additional Factors Considered by the Court

Sometimes the standard Texas child support guidelines do not fit a family’s situation. The court can adjust the amount if there are special circumstances, such as:

  • Extra medical or dental costs: Ongoing treatments, therapies, or uncovered healthcare expenses.
  • Educational needs: Private school tuition, tutoring, or special learning programs.
  • Large income differences: A big gap in earnings between parents.
  • Shared or equal parenting time: When both parents spend close to the same amount of time with the child, affecting household expenses.
  • Other children to support: Legal responsibilities for children from other relationships.

These adjustments are made to meet the child’s needs while being fair to both parents. Because every case is different, having a lawyer who understands how Texas judges apply these factors can be important. At The Law Office of Raul V. Treviño, we review the details of your situation, explain your options clearly, and build a case that reflects your child’s needs and your financial reality.

Is Child Support Always Ordered in a Texas Divorce?

In Texas, child support is not automatically part of every divorce or custody case, but it is common when minor children are involved. If there is no valid written agreement to waive support, the court will usually order it. Any waiver must be approved by the judge and must clearly serve the needs of the child.

Private or verbal child support agreements between parents are not legally enforceable. The court’s main focus is on making sure the child has financial support for basic needs like food, housing, clothing, and medical care.

Having a lawyer during the child support arrangement process can make a big difference. An attorney can provide legal advice about what the court is likely to require, make sure any agreements meet Texas legal standards, and help you avoid mistakes that could cause problems later. They can also represent you if there is a dispute over whether child support should be ordered and in what amount.

How Long Does Child Support Last in Texas?

In most cases, child support in Texas continues until the child turns 18 or graduates from high school, whichever happens later.

If a child has a disability that requires ongoing care and the condition was established before age 18, the court can order support to continue indefinitely.

Even when the obligation ends, any unpaid amounts remain due. Past-due support can still be collected through wage withholding, tax refund interception, liens, or other enforcement tools allowed by law.

Can I Modify My Child Support Order?

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Yes. In Texas, a child support order can be changed in certain situations. A modification may be allowed if:

  • The order was issued or last changed more than three years ago, and the new calculation would differ by at least 20% or $100, unless the current order already deviates from guidelines by prior agreement, in which case a material and substantial change must be shown.
  • There has been a significant change in circumstances, such as a major shift in income, changes in health insurance, custody of the child, or a change in the child’s needs.

Requests for modification can be filed through the Office of the Attorney General or directly with the court. The process may involve negotiation, mediation, or a hearing before a judge.

At The Law Office of Raul V. Treviño, we help parents gather the right evidence, complete the necessary paperwork, and present a clear case for why a change is needed. We work to make the process as efficient as possible while protecting your child’s financial stability.

Enforcing a Child Support Order in Texas

If a parent does not follow a child support order, Texas law offers several ways to collect the unpaid amount. These enforcement tools can include:

  • Wage garnishment
  • Intercepting federal or state tax refunds
  • Suspending a driver’s or professional license
  • Placing a lien on property
  • Levying bank accounts

These enforcement actions typically apply to the non-custodial parent who has been ordered to pay child support but has fallen behind.

If nonpayment is intentional, the court may also hold the parent in contempt, which can result in fines or jail time. For parents who live outside Texas, the Uniform Interstate Family Support Act (UIFSA) allows enforcement across state lines.

At The Law Office of Raul V. Treviño, we guide parents through the enforcement process from start to finish. We gather the necessary records, file enforcement motions, and work to recover the support your child is owed.

Where Do I Send My Child Support Payments?

In Texas, most child support payments go through the Office of the Attorney General’s Child Support Division. This creates an official payment record and makes it easier to enforce the order if problems arise.

Direct payments to the other parent are only allowed if the court has approved them in your child support plan. Without court approval, direct payments may not count toward your legal obligation.

How Does Having Children From Another Relationship Affect Child Support?

If the parent who owes support is also legally responsible for other children, Texas courts take that into account when setting or modifying child support.

This can sometimes reduce the amount owed for the current case, but only if the adjustment meets the requirements of Texas law. The court’s priority is to balance the needs of all children involved while keeping each order fair and in the child’s best interests.

Frequently Asked Questions

Is It Worth Getting a Lawyer for Child Support?

Yes. A Texas child support lawyer can explain your rights, represent you in court, and guide you through enforcement or modification. They can also help ensure that the amount is calculated correctly and that your child’s needs are fully considered under Texas law.

What if the Parent Who Owes Support Is Unemployed or Underemployed?

If the court believes the parent is not earning as much as they reasonably could, it can set support based on potential earning ability instead of current income. This helps prevent intentional underemployment from lowering payments.

Do I Need to Establish Paternity Before Seeking Child Support?

Yes. The court must legally establish paternity before issuing a child support order. This can be done voluntarily or through DNA testing if there is a dispute.

Do I Still Have to Pay Child Support if I Am Denied Visitation?

Yes. Under Texas law, child support and visitation are separate issues. Not paying because of denied visitation can result in serious legal consequences.

Get Help With Your Texas Child Support Case

If you are dealing with child support matters like unpaid child support or modifying an existing order, or you have questions about your obligations, The Law Office of Raul V. Treviño is here to guide you. Call 210-409-8788 or fill out our online contact form to schedule your free consultation. We will review your situation, explain your options under Texas law, and work with you to protect your child’s financial well-being.

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Written By Raul V. Treviño

Founder & Lead Attorney

With 14 years of courtroom experience, Raul is a seasoned litigator whose practice spans criminal law, personal injury, family law, and general litigation. Licensed in both state and federal courts, he has successfully handled jury trials and zealously advocates for clients—from misdemeanor and felony defendants to individuals and families facing complex civil disputes.

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