Texas Child Support Enforcement Resource Center

Texas Child Support Enforcement Resource Center

Even if the non-custodial parent lives in another state, the law requires cooperation between states. The non-custodial parent is legally required to make regular child support payments, regardless of where they live.

Texas Child Support Enforcement Measures

If a non-custodial parent does not pay child support, he or she is subject to enforcement measures according to Texas child support law to collect regular and past-due payments.

  • The court may require employers to deduct child support from the paying parent’s paycheck through wage withholding.
  • Liens may be filed against his or her property or other assets.
  • Driver’s, professional, and hunting and fishing licenses may be suspended.
  • A lawsuit against the non-custodial parent asking the court to enforce its order.
  • A judge may sentence a nonpaying parent to jail and enter a judgment for past due child support.

Who Can Enforce Court Ordered Child Support in Texas

The official child support enforcement agency for the State of Texas is the Child Support Division of the Attorney General’s Office. The services of the Texas Child Support Division are required by federal law and funded by the federal government and the State of Texas.

TEXAS CHILD SUPPORT DIVISION CASELOAD STATISTICS1
Full Time Equiv. Staff 2,775
Total Caseload 913,551

1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005

Support Collectors Collects Back Child Support on Texas Court Orders

If the Texas Child Support Division hasn’t delivered the results you need or you don’t feel they can give you the personal attention you deserve, Support Collectors can help. Support Collectors has developed a proven system that teams attorneys, investigators and enforcement specialists to work your case from every possible angle. We work nationwide and our only business is collecting support. Our success rate is up to three times better than the Texas Child Support Division of the Attorney General’s office and we never charge you a cent unless we put money in your hands.

Interest on Missed Child Support Payments

According to Texas Family Code (157.261), the State of Texas allows for interest to be charged on missed support payments. Interest accrues on the delinquent child support at the rate of 6% simple interest per year from the date support is delinquent. Payment considered delinquent if not received before the 31st day after payment due date.

Texas also allows interest to be charged on retroactive support. Interest accrues from the date the court order is rendered at the rate of 6% simple interest per year.

TX Statute of Limitations on Back Child Support Payments (Arrears)

According to Texas child support law, if any back support payments (arrears) are owed, the court retains jurisdiction to take enforcement action until the arrears are paid in full.

TX Statute of Limitations on Determining Paternity

If a child has no presumed, acknowledged or adjudicated father, there is no time limitation. If a child has a presumed father, the statute of limitations is four years from the date of the child’s birth.

Texas Age of Emancipation / Age of Majority

Texas Family Code (154.001, 154.002) defines the age of emancipation as 18 years of age or when the child graduates high school, whichever occurs later.

In Texas, child support is automatically terminated at 18 years of age or when the child graduates high school, whichever occurs later. In cases of mental or physical disability, the court may extend support beyond the age of majority. The date of the court order does not affect what law is applied. Child support does not terminate if the child leaves the household but does not emancipate.

How Are Texas Child Support Payment Amounts Determined?

Most Texas child support payments are established by calculating a percentage of the paying parent’s net income. The court will generally follow these guidelines unless the parents agree to a different payment amount.

  • 20 percent for one child
  • 25 percent for two children
  • 30 percent for three children
  • 35 percent for four children
  • 40 percent for five children
  • Not less than 40 percent for six children

Special rules apply in cases of split or joint custody or multiple children in different households.

If the court believes that the paying parent is not making as much money as they should, the payment amount may be based on earning potential. This is income that the paying parent could potentially earn.

If the paying parent has net earnings of more than $6000 per month, the percentage applied will only apply to the first $6000. However, if the court finds that the child or children have additional or exceptional needs that require additional support, this may be increased.

Custody and Visitation Issues

Child support and visitation rights are separate issues. The court determines both and will usually order the non-custodial parent to pay support and the custodial parent to make the child available for visits.

The custodial parent has a duty to obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce its orders against either parent.

You Have Options

Any custodial parent not receiving public assistance may contract with a child support collection agency such as Support Collectors, or hire a private attorney, and at the same time have a case open with the Texas Attorney General’s Child Support Division. We work harder to collect the child support you are owed.

Collecting support is all we do and we give you the personalized, dedicated attention that your case deserves. Call us at (888) 729-6661 or get started online right now! We don’t charge a cent until we put money in your pocket.