I’d like to spend some time discussing the topic of child support and the role that the Office of the Attorney General plays in administering the reception and disbursement of child support payments in Texas. First, however, I want to briefly discuss how family law cases treat 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 would be the same no matter if you were the employee of a corporation or a self-employed person, but there are additional taxes that come to bear on self-employed people. Many times, your income will fluctuate from year to year, so a court would need to get a good idea of what you have earned on average over a period of two or three years.

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 know why has it gone down over that period of time. A judge will likely average multiple years of income when evaluating a self-employed person for child support purposes.

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 will be responsible to pay child support. The only thing is, in your eyes, that you don’t earn much income and your soon to be ex-spouse does. Since she earns a lot of money and you earn very little will you have to pay child support regardless?

The answer to that question is, yes. Unless your circumstances are highly unusual, you should expect to pay child support to the other parent in your case. You have a responsibility to provide for your child no matter what your circumstances are, with very few exceptions. If you are able bodied and do not earn any income or earn less than minimum wage, a judge will use the income of a minimum wage earner to determine an appropriate level of child support for you to pay.

Getting the Office of the Attorney General involved in your child support case

The State of Texas, through its Office of the Attorney General, has a role to play in almost every family law case that involves child support. For instance, if your child receives health insurance through the government then it is very likely that the Office of the Attorney General will be a presence within your case. Their motivation for involvement is to ensure that you pay the state back for the benefits that your child is receiving.

On the other hand, the other parent of your child can contact the Office of the Attorney General to seek assistance in establishing child support. If you were never married to the child’s mother and have a child together, anticipate this action once you cease living together. Many times a mother will contact the Office of the Attorney General even if you are paying some amount of child support on a monthly basis.

Another typical situation where you as a father could end up contacting the Office of the Attorney General in order to start a case would be if you are paying child support of some amount and the child’s mother is not letting you see your child. Keep in mind that even if you are not paying support to your child’s mother, she cannot use the lack of child support payments in order to withhold possession of your child from you. You can contact the Attorney General in order to get visitation orders in place so that you do not have to rely on the “kindness” of the child’s mother to be able to see your child.

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. They aim to protect the State’s interests regarding services expended on behalf of your child. Even if you or your child’s other parent contact them to start a case that does not mean the Attorney General represents either of you. It can look that way if their attorney comes to court and asks a judge to order you to start paying child support, however.

Their biggest goal, in any case, is to keep your child from having to rely upon government programs for any of his/her basic needs. If services need to be taken advantage of, they seek to be paid back by you for those services rendered.

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 can establish valid child support orders even if you remain married. Relying on the Attorney General to initiate a legal case for you is rarely the best option, as they do not represent you or your interests. It is common for the Office of the Attorney General to take months to simply file a child support case, whereas a private attorney (like the ones with our office) can do so on your behalf in a matter of days.

Child Support can be removed from your paychecks automatically

The State of Texas may involve itself in your family law case as it processes most child support payments through the State Disbursement Unit. The Office of the Attorney General can more effectively monitor received payments and those missed. They keep track of how much you pay, when you pay it, and any owed arrearages. You can create an account for yourself through their website and keep track of this information yourself if you so choose.

It is smart, in my opinion, for everyone who receives or sends child support payments to do so through the State Disbursement Unit. This is not intended as a sales pitch for the government or anything like that. The reason why I would tell a client to pay their money through the State Disbursement Unit is that it keeps everyone involved in the process (mothers and fathers) honest.

Child Support Payment Dispute

Imagine a situation where you have paid your child’s mother child support diligently, every month for the past two years. You paid cash or check to her, directly for twenty-four months before she confronts you one day about a missed payment. You meet her gaze and assert her mistake, yet she persists. Eventually, she sues you to recover the child support she claims is due.

Now, if you paid her mostly by checks, this means that either you, your bank, or both have records of those payments. However, if you paid in cash, there’s no record of those payments. You do not receive “credit” for those payments under most court orders. So while you may have thought you were doing your child’s mother a favor by paying her directly, you inadvertently put yourself in a position where you would have to defend yourself against a dishonest person’s allegations.

At the very least, you will have to hire an attorney to represent you in court. You might face jail time for not paying child support on time and in full. You could have avoided this by simply choosing to send child support payments through the State Disbursement Unit. Do not let your child’s mother complain to you about how long it takes for her to get the money to her account. As long as you are paying those checks on time then you have nothing to worry about.

Automatic deductions from your paycheck may be the best option for you and your child

Even though it can feel a bit odd at first to have money removed directly from your paycheck in order to pay for child support, this is probably the best option available to you. As we just discussed, when your employer deducts your paycheck directly, there’s no doubt that they will withdraw and credit the correct amount to your account.

A Wage Withholding Order issued by the judge authorizes your employer to deduct child support directly from your paycheck. You must ensure that you send the child support payments directly to the State Disbursement Unit. Remember, it’s your responsibility to ensure that payments are made in full, regardless of the amount you receive each period. For instance, if you receive commission-only pay and anticipate a lower-than-normal check, you must cover the shortfall to stay up to date.

What happens if you do fall behind in your child support payments?

In the event that you begin to fall behind in paying your child support payments, an arrearage will begin to develop. You may be able to avoid going back to court and held responsible for this arrearage but at some point, your child’s other parent or the Office of the Attorney General will file an enforcement lawsuit against you. An enforcement lawsuit will seek to enforce the child support orders that are currently in place.

An enforcement petition carries with it certain elements of criminal proceedings, specifically jail time in certain cases. A lawyer can be appointed to represent you if you do not have the means to hire one yourself. Fines, contempt of court findings and having to pay the attorney’s fees of your child’s other parent are other possibilities that may come from an enforcement case.

In most cases, you will not have to be overly concerned about serving time in jail for any child support arrearage if it is your first time going to court for the failure to pay child support in time and in full. Those people that either has a very large arrearage or have found themselves in court on multiple occasions for the failure to pay support can run the risk of serving time in jail. As a result, having a lawyer with you is an absolute must. Hiring one on your own is your best course of action to take. If you meet the criteria for being economically disadvantaged, the court can appoint you an attorney.

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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Other Articles you may be interested in:

1. Important Information Explained Regarding Child Support and Medical Support in Texas, Part Two
2. Important Information Explained Regarding Child Support and Medical Support in Texas
3. Texas Child Support Basics
4. Texas Child Support Basics, Part Two
5. Can my Texas Driver’s License Be Suspended for Not paying Child Support?
6. Child Support Modification in Texas (Part 1)
7. What do I do if I have overpaid child support in Texas?
8. Child Custody Basics in Texas
9. Child Support and College Tuition in Texas
10. Texas Child Support Appeals
11. In Texas, are Child Support and Visitation Connected?
12. Texas Child Support – Trust and Annuities

Frequently Asked Questions

Law Office of Bryan Fagan, PLLC | Tomball, Texas Child Support Lawyers

The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding child support, it’s important to speak with one of our Tomball, TX Child Support Lawyers right away to protect your rights.

Our child support lawyers in Tomball, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC, handles child support cases in Tomball, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.

Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.