If you need to know how to file for child support in Texas, you are in the right place. Filing for child support can feel confusing, especially the first time. You may not know where to start, what forms you need, or how long it takes. That uncertainty is normal.
At McCarty-Larson, PLLC, we help parents across Ellis County, Johnson County, Tarrant County, and Dallas County through the child support process, from the first filing to the final order. This guide walks you through each step.
When you hire McCarty-Larson, you get a legal team that stays with you from start to finish.
The Short Answer
To file for child support in Texas, you have two options. You can apply through the Texas Attorney General’s Office, or you can file a petition directly with the family court in your county. Courts calculate support from the paying parent’s income using state guidelines. Most cases take a few weeks to a few months. The timeline depends on whether the other parent cooperates.
Who Can File for Child Support in Texas
In Texas, either parent can file for child support. The parent with primary physical custody usually files. Other people can open a case too.
A grandparent or other relative with legal custody of the child can also seek support from one or both parents. The Texas Attorney General’s Office can open a case for a parent who receives public benefits such as Medicaid, TANF, or SNAP. The state has an interest in making sure parents support their children.
If you are an unmarried father, you may need to establish paternity first. Texas law requires proof that a man is the legal father before a court can order him to pay support. You can establish paternity two ways: voluntarily through an Acknowledgment of Paternity form, or through a court order. Our Texas paternity attorneys can help.
Two Ways to File for Child Support in Texas
There are two main paths to a child support order in Texas. The right choice depends on your situation, your budget, and how complex your case is.
Filing Through the Texas Attorney General’s Office
The Texas Attorney General’s Child Support Division offers free services. It helps parents establish, modify, and enforce child support orders. You can apply online, by phone, or in person at a local office.
After you apply, the office locates the other parent if needed, establishes paternity if necessary, and files the case with the court. A judge then holds a hearing and issues the child support order under the Texas guidelines.
This route costs nothing, which is its main advantage. The trade-off is speed and attention. The office handles a very high volume of cases, so yours may take longer. You also will not have a personal attorney looking out for your interests. The office represents the state’s interest in supporting children, not either parent.
Filing Directly Through the Court With an Attorney
The other option is to hire a Texas child support lawyer. Your attorney files a petition for child support directly with the family court in your county. This path gives you more control and usually moves faster than the Attorney General’s office.
Your attorney prepares and files the petition, serves the other parent with legal notice, and represents you at the hearing. They can also handle related issues at the same time, such as custody, visitation, and medical support. Bundling these issues saves you from a second trip to court later.
This option often makes sense in harder cases. Examples include a self-employed parent, hidden income, a paternity dispute, or an other parent who lives in another state.
How Much Does It Cost to File for Child Support in Texas
Cost is one of the first questions parents ask. Applying through the Texas Attorney General’s Office is free. Filing directly with the court involves a filing fee that varies by county, usually a few hundred dollars. You also pay the cost of serving the other parent. If you cannot afford these fees, you can ask the court to waive them. You do this by filing a Statement of Inability to Afford Payment of Court Costs.
Hiring your own attorney adds a cost the Attorney General route does not. For many parents, that cost pays off in a faster case and a result that fits their family. This is often true when the other parent is self-employed or may be hiding income.
How to File for Child Support in Texas: Step by Step
Whether you file through the Attorney General or your own attorney, the basic steps are similar. Here is what to expect.
Step 1: Gather Your Documents
Before you file, gather a few key documents. You will need your child’s birth certificate and proof of your income and expenses. You will also need the other parent’s name and last known address, any existing custody or visitation orders, and records of the child’s medical insurance and childcare costs.
Having these ready speeds up the process. It also helps your attorney build a stronger case.
Step 2: File the Petition
For a court filing, your attorney prepares a Suit Affecting the Parent-Child Relationship, or SAPCR. This petition asks the court to set a child support order. Your attorney files it with the district clerk in the county where the child lives.
If no one has established paternity yet, the petition also asks the court to name the legal father. The court can order genetic testing.
Step 3: Serve the Other Parent
Next, you must formally notify the other parent. This step is called service of process. A process server or constable delivers the legal papers and gives the other parent a deadline to respond. If you cannot find the other parent, your attorney can use other methods, such as service by publication.
Step 4: The Other Parent Responds
After service, the other parent has a set time to file a response. If they agree with the proposed amount, you can sometimes settle without a full hearing. If they disagree or do not respond, the case moves to a hearing where a judge decides.
Step 5: Attend the Court Hearing
At the hearing, both parents can present evidence about their income, expenses, and the child’s needs. The judge reviews the evidence and applies the Texas child support guidelines. Most hearings are short, especially when both parents provide accurate financial information.
Step 6: The Court Issues the Order
After the hearing, the judge signs the child support order. The order sets the monthly payment, the due dates, and how the state collects it. In Texas, the State Disbursement Unit processes most payments. Employers withhold support directly from the paying parent’s paycheck.
How Texas Calculates Child Support After You File
Texas uses a percentage-based formula for child support. The court starts with the paying parent’s monthly net resources. That means income after taxes and certain deductions. The court then applies a percentage based on the number of children.
The guideline percentages are straightforward: 20 percent for one child, 25 percent for two, 30 percent for three, 35 percent for four, and 40 percent for five or more. These percentages apply only to the first $11,700 in monthly net resources. That figure is the current cap as of September 2025. Our guide on the new Texas child support cap explains how this change may affect your case.
The number of children matters in another way too. If the paying parent supports children from another relationship, the court may lower the percentage to account for those obligations.
Judges can also depart from the guidelines. A judge may order a different amount if the child has special needs, if the paying parent earns far above the cap, or if the guideline figure would be unfair.
Medical and Dental Support
A Texas child support order covers more than a monthly payment. Every order also addresses the child’s medical and dental care. The court decides which parent carries health and dental insurance and how the parents split uninsured medical costs. Often the paying parent covers this through an employer plan. If reasonable coverage is not available, the court can order cash medical support instead. This obligation is separate from the guideline amount, so plan for it when you budget.
What If the Other Parent Is Self-Employed or Hiding Income
A self-employed parent can make income hard to pin down. Texas courts can look past reported income to a parent’s true earning capacity. Your attorney can subpoena bank records, tax returns, and other financial documents to surface hidden income. If a parent is voluntarily unemployed or underemployed, the court can also assign income based on what that parent could earn.
Can You Get Back Child Support in Texas
Sometimes support is owed for time before the case was filed. Texas courts can order retroactive child support, especially when no prior order existed. The judge weighs several factors. These include whether the paying parent knew about the child and already helped support them. A judge can look back several years in some cases. Your attorney can request retroactive support and show the court why it is owed.
Modifying a Child Support Order After You File
A child support order is not always permanent. Either parent can ask for a modification after a material and substantial change in circumstances. Common examples include a big change in income, a change in custody, or a change in the child’s needs. You can also request a modification if three years have passed since the last order and the guideline amount would change by 20 percent or $100.
When Does Child Support End in Texas
Child support does not last forever. In Texas, support usually continues until the child turns 18 or graduates from high school, whichever comes later. Support can end sooner in some cases. Examples include a child who marries, joins the military, or has their status as a minor removed by a court.
Support can also last longer in one situation. If a child has a disability that began before age 18 and needs ongoing care, a court can order support for an indefinite period. Knowing the likely end date helps both parents plan ahead and avoid disputes later.
What If the Other Parent Will Not Pay After You File
Once an order is in place, the paying parent must pay on time and in full. If they stop, you have several enforcement options. The Texas Attorney General can help enforce the order, or you can file a motion for contempt with the court.
Texas takes unpaid child support seriously. Penalties can include wage garnishment, seized tax refunds, and suspended driver’s and professional licenses. Courts can also place liens on property and, in severe cases, order jail time. Our Texas child support enforcement lawyers can help you collect the support your child needs.
How McCarty-Larson Can Help You File for Child Support in Texas
Filing for child support in Texas means paperwork, court procedures, and financial math. That can be a lot to handle alone. Attorneys Robin McCarty and Bria Larson make sure the court has accurate information about both parents’ finances. They also make sure the order reflects your child’s real needs. The McCarty-Larson team brings 50+ years of combined experience and a background as former prosecutors and law enforcement, and they know how Texas family courts work.
- We prepare and file the child support petition
- We establish paternity when needed
- We calculate the correct support amount under the Texas guidelines
- We represent you at the court hearing
- We address custody and visitation alongside the support order
- We enforce the order if the other parent does not pay
- We serve families across Ellis County, Johnson County, Tarrant County, and Dallas County
If you are ready to file for child support in Texas, talk to our Texas child support lawyers today. Attorney Bria Larson and the McCarty-Larson family law team will protect your child’s right to support. Call (972) 775-2100 for a free, confidential consultation with our Texas family law attorneys.