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I’d like to take a moment to discuss the role of the state of Texas in child support, particularly focusing on how the Texas Attorney General child support system works and how the Office of the Attorney General oversees the receipt and disbursement of payments. Before diving into that, I’ll briefly address how family law cases handle self-employment income for those required to pay child support.
Self-employed people pay taxes that go over and above what most people see in their paychecks. Your tax rate is generally the same whether you are an employee or self-employed. However, self-employed individuals are responsible for additional taxes. Income can also fluctuate from year to year. Because of this, a court will often review your earnings over two or three years to determine an average.
If your income has recently increased, your current income will likely determine the monthly child support amount you must pay. On the other hand, if your income has decreased in the past year for whatever reason, then a court will want to understand why it has gone down over that period of time. A judge may evaluate multiple years of income when determining a self-employed person’s child support obligation.
Do low-wage earners still have to pay child support?
This is a question that I receive with some regularity. Suppose the court awards you visitation rights, but your child does not primarily reside with you. As such, you will find yourself in a position where you are responsible for paying child support. The only issue is, in your eyes, you do not earn much income and your co-parent earns significantly more. Will you still have to pay child support?
The answer to that question is yes in most situations. Unless your circumstances are highly unusual, you should expect to pay child support if your child primarily resides with the other parent. You have a responsibility to provide for your child, with very limited exceptions.
If you are able-bodied and do not earn income, a judge may assign income to you. The same applies if you earn less than you reasonably could. In many cases, the court uses minimum wage as a baseline under Texas Family Code § 154.066.
Getting the Office of the Attorney General involved in your child support case
The State of Texas, through its Office of the Attorney General, plays a role in many child support cases. However, not every family law case involves the agency.
When the Office of the Attorney General gets involved
For instance, if your child receives certain government benefits, it is more likely that the Office of the Attorney General will become involved to help ensure that financial support is provided by the parents when appropriate.
On the other hand, a parent can contact the Office of the Attorney General to seek assistance in establishing child support. If you were never married and have a child together, this is a common way to begin a formal child support case. Many parents seek assistance even if some informal support is already being paid.
How parents can open a child support case
Another situation where a parent may contact the Office of the Attorney General is when they want to establish or enforce child support orders. The process usually begins by applying for services, after which the agency may assist in setting up appropriate legal orders.
However, it is important to understand that the Office of the Attorney General does not handle custody or visitation matters. If you are being denied court-ordered time with your child, that issue must be addressed through the court or with the assistance of a private attorney.
What the Office of the Attorney General can and cannot do
Keep in mind that child support and visitation are separate legal issues. A parent generally cannot withhold visitation due to nonpayment of child support, and nonpayment does not automatically eliminate visitation rights.
The Office of the Attorney General can assist with establishing, enforcing, and collecting child support. However, it does not represent either parent and does not provide legal advice or handle custody disputes.
The Office of the Attorney General represents Texas, not you or the other parent
One thing that you should be aware of is that the Office of the Attorney General represents the State of Texas in any proceeding before a court. Even if you or your co-parent contact them to start a case, that does not mean the Attorney General represents either of you.
Their role is to enforce child support laws and ensure that children receive financial support from both parents. In some cases, this also includes helping reduce reliance on public assistance programs by ensuring that parents meet their financial responsibilities.
Married persons can still use the Attorney General for child support
Married persons can contact the Office of the Attorney General in order to begin a child support case. The state will not file a divorce for you, but it can establish valid child support orders even if you remain married.
Relying on the Attorney General to initiate a legal case for you is one option, but it may take time due to the volume of cases they handle. In some situations, working with a private attorney may allow for a more direct and faster process, depending on your circumstances.
Child support can be removed from your paychecks automatically
The State of Texas may become involved in your family law case as it processes most child support payments through the Texas Child Support Disbursement Unit. The Office of the Attorney General tracks how much is paid, when it is paid, and any arrearages that develop.
It is generally a good idea for both parents to use the State Disbursement Unit. Doing so helps create a reliable record of payments and reduces the likelihood of disputes over whether support was paid.
Comparing child support payment methods
| Payment Method | Record of Payment | Risk Level | Recommended |
|---|---|---|---|
| State Disbursement Unit | Official state record | Low | Yes |
| Wage withholding (employer) | Automatic and tracked | Very low | Yes |
| Bank transfer/check | Traceable records | Moderate | Sometimes |
| Cash payments | No reliable record | High | No |
Using the correct payment method can make a major difference if a dispute ever arises. Reliable documentation protects both parents and ensures that payments are properly credited.
Child support payment disputes
Imagine a situation where you have paid child support consistently for the past two years directly to the other parent. Then one day, you are told that a payment was missed.
If you paid by check or electronic transfer, you may be able to prove those payments through bank records. However, if you paid in cash, proving those payments becomes much more difficult.
In many cases, payments made outside of the State Disbursement Unit may not be credited unless they can be clearly documented and proven in court. This can create unnecessary legal risk, even if payments were actually made.
Automatic deductions from your paycheck may be the best option
Even though it can feel unusual at first to have money removed directly from your paycheck, this is often one of the most reliable ways to stay compliant with a child support order.
A Wage Withholding Order issued by a judge allows your employer to deduct child support directly from your paycheck under Texas Family Code § 158.001. This helps ensure that payments are made consistently and on time.
However, it is still your responsibility to ensure that the full amount is paid. If your income varies—for example, if you work on commission—you may need to take additional steps to make up any shortfall.
What happens if you fall behind in your child support payments?
If you fall behind on child support, an arrearage will begin to develop. At some point, the other parent or the Office of the Attorney General may file an enforcement action to address the unpaid support.
An enforcement case can include serious consequences under Texas Family Code Chapter 157, including fines, wage garnishment, and contempt of court. In some situations, jail time is also a possible outcome, particularly if the court finds that the failure to pay was willful.
Courts may consider factors such as payment history and ability to pay, but it is important to take enforcement actions seriously from the outset. If you are unable to meet your obligation due to a legitimate change in circumstances, it is generally better to seek a modification rather than allow unpaid support to accumulate.
Conclusion
In conclusion, understanding how Texas Attorney General child support works—and the role of the Office of the Attorney General—is essential for both parents. The agency plays an important role in establishing, enforcing, and processing child support, but it does not represent either parent or handle custody disputes.
At the same time, courts carefully evaluate income, particularly in self-employment situations, to ensure that support obligations are fair and based on accurate financial information. By staying informed and using systems like the State Disbursement Unit, parents can avoid disputes, remain compliant with court orders, and help ensure that their child’s needs are consistently met.
Questions about child support? Contact the Law Office of Bryan Fagan
If you have any questions about the material that we covered in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys have extensive experience handling various cases, including child support matters. We provide free consultations six days a week at our office, where we can address your questions at no cost to you. Thank you for your time and consideration. We hope that you will join us tomorrow to discuss additional subjects related to child support in Texas family law cases.
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- The Office of the Attorney General and Their Relationship to Noncustodial Parents
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- Texas Child Support Basics, Part Two
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Frequently Asked Questions
The Office of the Attorney General helps establish, enforce, and collect child support. It can also assist with paternity cases and ensure payments are processed through the state system. However, it represents the State of Texas—not either parent—and does not provide legal advice.
No. The Office of the Attorney General does not handle custody or visitation disputes. Those matters must be resolved through the courts or with the help of a private attorney, even if a child support case is already in place.
In most cases, yes. Texas courts expect both parents to contribute financially to their child’s upbringing. If a parent is unemployed or underemployed without a valid reason, the court may calculate support based on earning potential under Texas Family Code § 154.066.
The safest and most reliable method is through the Texas Child Support Disbursement Unit. This ensures that all payments are tracked and properly credited. Paying outside the system—especially in cash—can create disputes if there is no clear record of payment.
