GET SUPPORT
The child support process begins when the Child Support Division receives an application for child support services or a referral from a public assistance program. Your local child support office works to locate the other parent, legally formalize parentage, set the order and route the collected funds to the parent owed support.
The Child Support Division accepts applications from mothers, fathers or any person that has taken the responsibility of caring for a child.
If you choose to move forward, it is important to have some basic information about child support orders:
A child support court will establish an order for all the following:
- Financial support (child support).
- Medical support.
- Dental support.
- Conservatorship (custody).
- Visitation (parenting time).
When You Apply:
What May Happen:
The other parent receives a notice that a child support case has been opened.
What to Do:
Check the "Important Safety Information" box on the top of the application and tell child support staff about your safety concerns.
When a child support case opens, the locate process automatically begins. Locate refers to the processes by which the name, date of birth, social security number, home address (mailing and/or residential), employer, telephone number, and income or assets of both parents are identified, verified and documented.
What May Happen:
The other parent will receive a notice when a case is opened.
Employers, friends or relatives may be contacted if locating the other parent is required.
Click here to learn more about the Child Support Parent Locator Services.
Questions to Ask:
When and how will the other parent be contacted?
One of the most important parts of a child support case is establishing legal fatherhood (paternity).
Paths to Paternity Establishment:
Marriage
If a child is born while two people are married or within 300 days of their divorce, the husband, or the ex-husband, of the mother will be presumed to be the legal father of the child(ren).
Voluntary Acknowledgment of Paternity
Parents who want to establish legal rights of the father to his child(ren) can voluntarily establish paternity with an Acknowledgment of Paternity.
Court-Ordered Paternity
The court may order genetic testing if you were not married when the child was born or do not have an Acknowledgment of Paternity.
Agreed Paternity Order
If parents agree, the court can establish paternity through an order.
Important: Both parents need to be aware that once paternity is established in a court order, it is difficult to change. For more information visit Mistaken Paternity.
What May Happen:
A genetic paternity test may be required to determine legal fatherhood (paternity).
What You Can Do to Stay Safe:
Request to arrange a different testing time or location from the other parent.
Establishing a Child Support Case
A child support order establishes the amount of child, medical and dental support the other parent must pay monthly. In Texas, child support orders also address conservatorship (custody) and parenting time (visitation).
There are two main legal processes used to establish a child support order:
The Child Support Review Process (CSRP) is an in-person or virtual meeting with both parties. It is the standard process for all cases not marked with a family violence indicator.
If both parties agree to the terms, the order will be sent to a judge for final signature. If both parties cannot come to an agreement during the CSRP about the child support order, the case will be scheduled for a court hearing.
You do not have to sign anything you do not agree with at a CSRP.
What May Happen:
You may be asked to meet with the other parent in-person or virtually.
Questions to Ask:
Can I participate by phone or virtually?
Can we meet in court instead?
Child support cases may be heard in court if:
- One of the parties is a victim of family violence and notifies the Child Support Division that they have safety concerns.
- The parties did not come to an agreement during their Child Support Review Process.
- One of the parties is a minor.
- The Child Support Division determines that the court process is most appropriate based on circumstances of the case.
If your case is set for court, you will receive notice in the mail or will be formally served, by a constable or process server, with notice paperwork including your court date, time and location.
What May Happen:
You may have to appear in court.
Questions to Ask:
What are the safest options for getting in and out of the courthouse?
Are there separate waiting areas?
Will security be notified about my safety concerns?
Is attending court virtually an option?
What May Happen:
You may have to speak to the judge about your safety concerns in front of the other parent.
Question to Ask:
Can I appear virtually?
Will there be a virtual break out room if I attend by video conference?
Can I bring an advocate from a family violence program or a friend for support?
If you are given notice of a CSRP and do not feel that this is a safe process for you, immediately request that the CSRP be canceled due to family violence concerns. Chat with the Child Support Division at https://www.texasattorneygeneral.gov/child-support or call (800)252-8014.
Learn more about preparing for court and the court process.
The "enforcement process" means that a court order already exists on your case and that the Child Support Division is involved with ensuring that the child, medical and dental support obligations are met each month.
What Can the Child Support Division Do?
Enforce child support payment orders.
What Can the Child Support Division Not Do?
Enforce parenting time orders.
The enforcement of a case is not based solely on the number of payments missed or the balance on a case. The Child Support Division will look at all factors of the case, including:
- The payment status on the case.
- How many delinquency letters have been sent.
- Whether a response has been received to any delinquency notices.
- If an employer has been located.
- Whether all other administrative remedies have been taken on the case.
- If there is good location for the noncustodial parent.
The Child Support Division will use the tools available, including but not limited to income withholding, liens and asking the court to enforce the court order. Some of these enforcement tools may pose risks for you and your child(ren). Learn about the types of enforcement tools used to collect child support.
Once the Child Support Division has tried to collect support on a case through the administrative remedies, such as passport denial, credit bureau reporting or license suspension, the Child Support Division may review the case for further enforcement, which can include filing for legal action.
It’s always important to stay in touch with the Child Support Division. If the other parent fails to meet the full obligation, please chat with the Child Support Division at https://www.texasattorneygeneral.gov/child-support or call (800)252-8014 so the Child Support Division can begin the enforcement process.
You can view details about your case, including payment history, by logging into your Online Account.
Note: A parent cannot be penalized by the Child Support Division for not following the parenting time order. Legal action outside the Child Support Division can be taken against a parent for denying access during their visitation time.
If you have questions about parenting time (access and visitation), please visit https://txaccess.org or call the Texas Access and Visitation Hotline at (866)292-4636. Calls are answered in English and Spanish, Monday to Friday, 1:00 p.m. to 5:00 p.m. CST.
The Child Support Division offers a case review every three years; however, either party may request a review at any time if a change in circumstance occurs. Generally, this means that at least one of the following things has happened:
- The income for the parent paying support has increased or decreased resulting in the current child support obligation to differ by 20% or $100 monthly.
- The parent paying support has become legally responsible for supporting additional child(ren) since the last order.
- The child(ren)'s medical or dental insurance coverage has changed.
- The child(ren) is primary living with the noncustodial parent.
Learn more about the modification process.
If you would like to request a modification to your order, you can complete one of the following options:
- Complete the online request.
- Download the Child Support Review Questionnaire and return it to any office for review.
- Contact the Child Support Division’s customer service chat or at (800)252-8014 to request the forms be mailed to you.
Once the Child Support Division has received the forms, the case and current net income will be reviewed to see if the child support obligation qualifies for a modification. A review can take as long as six months.
If it is determined that the child support obligation should change or that the medical/dental support language needs to be updated, then a Child Support Review Process appointment or court date will be scheduled.
The Child Support Division cannot modify visitation orders.
Changing the visitation or custody arrangements in an order usually requires that you contact an attorney.
If your case involves family violence, it is important that you contact an attorney who is knowledgeable about family law and family violence.
You can contact the Texas Advocacy Project at (800)374-HOPE (4673) or visit www.texaslawhelp.org for information on changing your order and legal aid in your area.
It may help to keep a record of parental misconduct (if the other parent is violating the order; if the other parent constantly skips or is late to visitation time; or if the other parent uses the visitation time and exchange of the child(ren) to harass you).
**Note: Obtaining a protective order does not necessarily modify any existing court orders between you and the other parent. If you apply for a protective order from the other parent, inform your attorney and the court of an existing order.
You have the following options:
Motion For New Trial
- A request must be filed with the district court no later than the third working day after the court order is signed.
- To file for this hearing, you must submit letters in writing to the court, the Child Support Division, and the other parent.
- A de novo hearing will happen at the district court with a different judge than the judge who heard your case initially.
If you miss the deadline for filing a de novo appeal, you can file a Motion for New Trial with the same court that heard your case initially.
- This must be done within 30 days after your court order is signed.
- To file for this hearing, you must submit letters in writing to the court the Child Support Division, and the other parent.
If you feel like you were denied full access to the court, there are alternatives you can consider:
- If the judge denied you access to the court (i.e., the judge did not allow you to speak or give your testimony, the judge refused to appoint an interpreter when requested at court) you can file a complaint of judicial misconduct.
- If you were dissatisfied with the level of treatment you received from any Child Support Division employee, you can file a complaint with the Child Support Division.
