Skip to content 
Losing income because of a disability creates serious financial concerns, especially when child support remains a legal obligation. Many parents ask, “Do I still have to pay child support if I go on disability in Texas?” The answer is yes, but the court may adjust the amount you owe. Texas law requires parents to support their children regardless of financial changes. However, courts consider several factors—such as the type of disability benefits you receive—when deciding whether to modify your payments. Failing to address child support orders can lead to severe legal consequences, making it crucial to understand your rights and options.
Parents in Texas must provide financial support for their children, even if they experience changes in income. If you receive disability benefits, child support obligations do not automatically stop. Courts consider different factors before adjusting payments.
How Disability Affects Child Support
Texas law requires parents to support their children financially. If you go on disability, payments may be adjusted, but they do not disappear. Courts look at your income, including disability benefits, to determine what you can afford.
Types of Disability Benefits and Their Impact
Not all disability benefits affect child support the same way. The source of your payments matters.
Social Security Disability Insurance (SSDI)
SSDI comes from the Social Security Administration (SSA) and is based on work history. These benefits count as income for child support calculations. If your child receives dependent benefits due to your disability, the court may apply those payments toward child support obligations.
Supplemental Security Income (SSI)
SSI is for individuals with limited income and resources. Texas courts do not count SSI as income for child support calculations. If SSI is your only income, the court may not require you to pay child support.
Private or Employer-Provided Disability Benefits
Payments from private insurance or employer disability plans count as income. These benefits affect child support calculations, just like SSDI.
Modifying Child Support Due to Disability
Disability can change your ability to pay, but it does not eliminate responsibility. Texas allows parents to request a child support modification if they experience significant financial changes.
How to Request a Modification
- File a Petition – Submit a request to the court or the Texas Attorney General’s Office.
- Show Evidence – Provide proof of disability, medical records, and financial statements.
- Attend a Hearing – The court reviews your case and decides if a change is necessary.
If the court lowers payments, adjustments apply only to future obligations. Unpaid child support from before the modification request does not change.
What Happens If You Cannot Pay?
Failing to pay child support can lead to serious consequences. Texas enforces child support orders strictly. Courts may take the following actions:
- Wage Garnishment – The state can deduct payments directly from disability benefits, except for SSI.
- License Suspension – Texas can suspend driver’s, professional, and recreational licenses.
- Contempt of Court – Courts may issue fines or jail time for nonpayment.
Parents should communicate with the court if they struggle to pay. Ignoring child support orders leads to legal trouble.
What If the Other Parent Gets Disability Benefits?
If the parent receiving child support goes on disability, payments do not automatically change. The paying parent must request a modification if their financial situation changes.
Can Disability Benefits Cover Child Support?
In some cases, dependent benefits from SSDI may go directly to the child. The court may count these payments toward child support obligations. If the child receives more than the ordered amount, the paying parent may not owe additional money.
Seeking Legal Help
Understanding child support laws in Texas can be difficult. Parents facing financial challenges due to disability should consider speaking with a lawyer or contacting the Texas Attorney General’s Child Support Division. Proper legal steps help prevent penalties and protect the child’s financial well-being.
Final Thoughts
Parents who wonder, “Do I still have to pay child support if I go on disability?” must understand that disability status does not erase child support obligations. Courts review several factors before adjusting payment amounts, but the responsibility to support your child remains. Taking prompt legal action to request a modification is essential when financial hardship strikes. Acting quickly protects your rights, helps prevent serious legal consequences, and ensures your obligations reflect your current financial situation.
Other Articles you may be interested in:
- A Deep Dive into Disability Cases in child support
- Disability Issues in Texas Child Support
- A Daring Lie: Shameless Disability Claims To The V.A.
- Can I sue my spouse’s mistress in Texas?
- Common Questions about Texas Prenuptial and Marital Agreements
- Can my ex get half of my VA disability? (and other military divorce questions)
- Military disability pay in a Texas divorce case
- How disability issues are handled during a military divorce in Texas
- Will your child be able to receive Social Security Disability Insurance and Child Support after a divorce?
- The impact of divorce on spouses who receive disability payments
- Common Law Marriage and Texas Divorce Guide
- How disability issues are handled during a military divorce in Texas
Frequently Asked Questions about Child Support in Texas
The average child support in Texas is typically calculated as a percentage of the non-custodial parent’s income, varying based on the number of children. However, it’s important to consult current state guidelines or a legal professional for specific figures.
Avoiding child support in Texas is not advisable. Instead, focus on fair and legal avenues, such as seeking a modification in the child support order if your financial circumstances change.
Yes, you can still receive child support in Texas if the father is on disability. The father’s disability benefits may be considered when calculating child support payments.
It’s essential to approach child support legally and ethically. Instead of looking for loopholes, consider legal routes like court-ordered modifications for changes in financial circumstances.
In Texas, owing over a certain amount in back child support or being in arrears for more than a specific period can lead to felony charges. The exact figures can vary, so it’s important to consult legal resources or an attorney.
The maximum child support in Texas is capped based on the non-custodial parent’s income and the number of children. For current limits, it’s advisable to refer to Texas family law guidelines.
To address child support obligations legally, consider applying for a modification of the child support order in case of significant changes in financial circumstances, instead of trying to evade payments.
The custodial parent’s income can impact child support calculations in Texas. Child support aims to balance the financial responsibilities of both parents for the welfare of the child.
