Ask a Question

Get free answers to your Child Support legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for Texas on
Q: how to get the child support office to update their report. default Judgement for Retroactive child support missing paym

child support pqyments were collected by child support office during the period Retroactive was granted

John Michael Frick
John Michael Frick
answered on Jul 25, 2023

To get the State Disbursement Unit (SDU) to update its records, you can send proof of payments made to the SDU which are not properly recorded on your account. Yo update records for payments made directly to the obligee before your account was set up, you can get the obligee to sign an affidavit... View More

2 Answers | Asked in Child Support and Family Law for Texas on
Q: My child graduated high school and just turned 18. Can I just stop paying child support ? Denton county, Texas.

I'm never late on any payment.

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

Under a typical court order pursuant to which child support ends if the child has turned 18 and has graduated from high school, yes you can stop paying.

If your wages are being garnished for child support, it does not hurt to submit a proposed order to terminate wage withholding....
View More

View More Answers

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Is it mother allowed to have a fake insurance plan that says limited benefit fixed indemnity plan and benefits are per

Covered person. this is not major medical insurance plan. fixed indemnity benefits are provided for hospital, confinement in specified medical and surgical events. These benefits are paid in daily amounts for covered events without regard to the cost of the services. This is not a medical policy.... View More

John Michael Frick
John Michael Frick
answered on Jun 29, 2023

A fixed indemnity health insurance plan should be acceptable as long as there is minimum essential coverage in place through another policy.

Most current court orders which use various forms as guidelines do not specifically address fixed indemnity health insurance plans and do not...
View More

1 Answer | Asked in Family Law and Child Support for Texas on
Q: To whom the Subpoena should be served?

I want to file for child support and request a copy of my ex-bank statements. She has accounts in at least 3 different banks and doesn't know any information about her bank accounts, I want to file a subpoena request to get her financial records but do I have to serve my ex since I have no... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jun 28, 2023

You do not have to serve your ex with the subpoena; however, depending on the bank, it could be hard for you to subpoena bank records if you do not know the account numbers.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: in the divorce decree, the dad is to cover the child for med ins + 1/2 of the med bills and does not, how to enforce it

In our divorce decree, the ex was to cover our son w/medical insurance. He did for maybe 2 years, then stopped. I asked for him to restart the coverage and he refused. How can I get this enforced?

John Michael Frick
John Michael Frick
answered on Jun 28, 2023

You can hire an attorney to file a motion to enforce with the court that issued the order. You might also consider getting insurance and asking the court to modify the support obligations to have the father reimburse you for the cost of the health insurance, which can be withheld like child... View More

1 Answer | Asked in Family Law and Child Support for Texas on
Q: I am the primary conservatorship, how I file for child support?

Hi, I filed for temporary custody and received the court ruling as a primary conservatorship, but no child support set because no evidence was provided?!

I want to file for child support and also need the court to ask my wife to provide bank statements for 1 or 2 years because she running... View More

John Michael Frick
John Michael Frick
answered on Jun 26, 2023

You can request that the clerk of the court prepare a subpoena duces tecum to your wife to produce her bank statements.

But, if you do not know how to do this, you really ought to hire an attorney in or near the county where your case is pending to assist you. While you have the legal...
View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Other than a Lawry, what is the best move to make, to get my boys home?

My husband left me and our two boys 6 years ago, he may show up every 6 months or every year to see them but that's it. 3 months ago, after being partially informed about a CPS case, he filed a protective order against me and took my boys from school without my knowledge. We went to the... View More

John Michael Frick
John Michael Frick
answered on Jun 15, 2023

Ordinarily a parent whose period of possession of a child is beginning has the obligation to show up on time at the place specified in the order setting forth the parent’s possession schedule, typically either the child’s school or the other parent’s home.

If you do not have a car,...
View More

1 Answer | Asked in Child Support and Family Law for Texas on
Q: What is a casualty intercept claim means regarding child support
John Michael Frick
John Michael Frick
answered on Jun 12, 2023

If an individual owes past due child support and makes a claim on a policy of insurance, the insurance proceeds may be seized in order to satisfy the delinquent child support obligation of the claimant. The OAG "intercepts" the payment for the "casualty claim" to satisfy the unpaid child support.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: It's been 5yrs since I been to court and didn't sign any papers and children are married with family wages being garnis

Went to court 3 times and she didn't show any of those times and didn't get for contempt of court wages are being garnished without my consent and didn't get any notice that they were going to garnish wages cause I didn't sign any papers the last time in court 5yrs ago and title... View More

John Michael Frick
John Michael Frick
answered on Jun 9, 2023

If you owe child support pursuant to a court order, absent either an agreement or a court order to the contrary, wage garnishment of your support obligation is ordinarily required. It is not any sort of Due Process violation.

If a state agency provided any sort of benefits for your child...
View More

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Medical Support / Medicaid / Texas

In our final order, I, the father and non-custodial parent, am responsible for 50% of my daughters' medical support. For more than half the time since 2012, her mother, who is responsible for the other 50%, has either registered my daughter with Medicaid or my daughter has had no medical... View More

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

Typically, the non-custodial parent is responsible to provide health insurance coverage for the child. So, in the typical case, no. If your divorce decree or custody order contains non-standard provisions, whether you are entitled to any credits or clawback will depend on the language of the... View More

1 Answer | Asked in Traffic Tickets, Car Accidents and Child Support for Texas on
Q: Arrested Aug of 22 bonded out asurity bond haven't told me who my attorney is haven't been indicated two miss.A&b

Can I come off of bond if I haven't been indicated in the last 9 months or my case dismissed?

Tim Akpinar
Tim Akpinar
answered on May 30, 2023

A Texas attorney could advise best, but your question remains open for two weeks. This is posted under "Traffic Tickets, Car Accidents and Child Support." You could repost and add "Criminal Law" as a category - better chances of a reply under that heading. Good luck

1 Answer | Asked in Child Support for Texas on
Q: Is a paternity test mandatory before a person is put on child support in Texas ?
John Michael Frick
John Michael Frick
answered on May 19, 2023

No. But a man who denies that he is the father of the child can request that a paternity test be ordered, and the court must order it under those circumstances.

Many fathers acknowledge paternity, and it is not mandatory to perform a paternity test in such circumstance before a court...
View More

1 Answer | Asked in Child Support and Family Law for Texas on
Q: Was never notified of my court date so they sided with my ex husband to stop child support. What do I do

My ex husband never paid child support. We got arrears and he sued to stop it. He has three lawyers and we cannot afford one. So on our own we responded and waited for a court date. We never got one then were told today that it was yesterday so he won due to us being a no show. We tried telling... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on May 16, 2023

Your best recourse at this point is to file a Motion for New Trial. You have 30 calendar days from the date of the court hearing to file your motion. Once you file your Motion for New Trial, you should contact the Court Coordinator to request a new court date. You will have to provide your... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Hello me and my ex have a son and we are co parenting but live sperated. Ive been paying her about $400 a month thro-

Through my bank for the past year to support my son. We are on great terms and communicate everything very well. I am concerned that the Texas laws won't allow me to do this over time and I wanna be sure I'm doing the right thing. She is in a serious relationship who is paying most of the... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on May 12, 2023

If you don't currently have a Texas court order regarding child support, you can continue to do what you are doing (i.e. paying through your bank account) for however long you guys want to do it. The State of Texas doesn't have any say in the matter.

However, if there is a Texas...
View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: My child’s father has actively given up his visitation time over the past several years. Can I still get child support?

My child is 15. Me & his father were never married and have nothing legal in place. It has always been verbal agreement. I would like to have child support go through the AG but I fear it will appear as I am refusing visitation. But I am not. Dad gives his time up and our child now no longer... View More

Sharita Blacknall
Sharita Blacknall
answered on May 3, 2023

You have the right to contact the AG's Child Support Division to establish and enforce child support orders. By doing so, you can initiate the process of obtaining child support from the child's father.

It is important to note that each case is unique, and outcomes can vary based...
View More

1 Answer | Asked in Family Law and Child Support for Texas on
Q: How do I turn my registry only child support case into a full service case?

I have a 50/50 custody agreement and I am trying to get a modification but my ex closed the case with the Attorney Generals office. I don't know which application to fill out to get it back to a full service case.

Sharita Blacknall
Sharita Blacknall
answered on May 3, 2023

Contact the Texas Attorney General's Office: Reach out to the Texas Attorney General's Office or the local child support office handling your case to discuss your situation. You can explain that you want to convert your registry-only case into a full-service case and ask for guidance on... View More

1 Answer | Asked in Child Support and Family Law for Texas on
Q: Should I respond to the letter I received from the Attorney General of Texas, Child support division?

I am the “custodial parent” I got a letter from the Attorney General of Texas Child Supports Division. It says “Re: Notice of Review”. It explains that I have the right to request a review my child support order every three years. Then goes on to say “We will be reviewing your child... View More

Brooke Irey
Brooke Irey
answered on May 2, 2023

There is no need to respond to this letter; however, if you are looking to make a change to your current support order then it would be wise to send back the questionnaire, as this can help with the review process.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can I have rights terminated in Texas if the father is in prison for a crime against minors and abandonment.

My ex disappeared nearly 5 years ago. No child support dropped insurance . I recently found out he is in prison for a crime against children. I want to know my options for termination of rights or gaining 100% custody. I want to protect my kids . I have no idea if when he is getting out but want to... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Apr 27, 2023

In Texas, one of the grounds for which a parent's parental rights can be terminated is if that parent has been convicted or placed on community supervision (probation) for being responsible for the death or serious injury to a child under certain sections of the Texas Penal Code or a similar... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: can I give grandparent poa over my minor child if I have legal and physical custody without the NCP?
Sharita Blacknall
Sharita Blacknall
answered on Apr 21, 2023

Under Texas law, as long as you have legal and physical custody of your minor child and there is no court order to the contrary, you may give a power of attorney (POA) to a grandparent to act on your behalf regarding your child. However, if there is a court order that grants the non-custodial... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: Is it possible to file for child support when we are not divorced but live separately and I have my 18month baby with me

I'm paying for my rent and all expenses so I want to know if filling a child support order is okay when we are not divorced

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Apr 20, 2023

Yes, you can file what is called an Original Petition in Suit Affecting Parent-Child Relationship. In Texas, this motion will establish which parent will be the primary parent (i.e., who your child will primarily reside with), and what type of visitation the non-primary parent will have with the... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.