Navigating complex family matters like establishing child support can be daunting, especially if you are making difficult decisions on your own. It is imperative that you think beyond yourself in these situations to develop a viable plan that ensures your child’s long-term health and safety. It’s important to understand how to file for child support in Texas and what to do once the process officially begins.
A child support attorney can be invaluable to have on your side, but it is still wise to learn about the process for yourself. The more knowledge and support you have, the more success you can find throughout your child support case. The steps for filing for child support in Texas are fairly straightforward:
- Fill out your application
- Navigating the review process
- Reach an agreement with the child’s co-parent or—
- Reach a final decision in an official court hearing
- Have a judge finalize the agreement
How to File for Child Support in Texas
The Office of the Attorney General’s Child Support Division serves over 1.6 million children and collected more than $4.8 billion in child support for fiscal year 2020. Filing for child support in Texas is a fairly straightforward process. You can apply for services through the Attorney General of Texas website and create an online account to access your case information as it progresses.
If you’re unable to file online, you can request a copy of the application in the mail from your local Child Support Division. It’s important to note that physical applications are likely to take longer to process. You can expect to provide detailed information about yourself through the application, including your:
- Attorney information (if applicable)
- Driver’s license number
- Employment history
- Phone number
- Social Security number
Filing for child support may be easy, but it doesn’t guarantee that you’re going to secure a fair agreement. Once you file, it is critical that you understand how to navigate the next steps of the process.
Child Support Cases in Texas: The Legal Process
Texas courts implement a comprehensive Child Support Review Process (CSRP) to establish, modify, or enforce child support orders throughout the state. The CSRP is likely going to take place at a local Child Support Division Office.
Both parties and a Child Support Officer (CSO) meet to negotiate terms and create a child support agreement. This process typically takes approximately 60 to 90 minutes. If both parties agree to the terms, the agreement is sent to a judge for signature, making the order official.
Unfortunately, it can be challenging to reach an agreement between spouses, even with the time to negotiate with a mediator. If you are unable to reach an agreement through the CSRP, the case will be scheduled for a court hearing. Once in front of a judge, they make the final decision about your child support case per Texas child support laws. You can expect them to act in your child’s best interests.
It is beneficial to have a Texas child support attorney by your side from the start of this process. If you have not hired one by the time there’s a hearing on the calendar, you may want to consider seeking legal representation. A Texas child support attorney can help you understand all your rights and legal options when it comes to creating a plan that works for your family.
FAQs
It is difficult to say exactly how long it is going to take to start receiving child support payments after you establish an order. It is important to remain in contact with your child support attorney and any court officials throughout the process to ensure everything is progressing normally.
Issues like disputes, incomplete documentation, or incorrect filing can delay your child support payments. You must also allow time for the judge to sign the support order, which can vary depending on their workload.
Child support payments are ultimately based on the child or children’s needs and the income of the parent who is obligated to make the payments. Texas courts calculate monthly child support payments by determining the parent’s net income after deducting regular costs and taking a percentage of that amount based on the number of children that require support. You can receive payments by direct deposit or with a Texas Payment Card.
You are not legally required to hire a child support lawyer to establish a child support order in Texas. That said, it is highly recommended that you secure legal counsel to guide you through the process and ensure you are doing everything correctly. A lawyer can help you avoid critical mistakes during the process.
The cost of working with a child support attorney in Texas is going to vary depending on the complexity of your case. Your attorney is likely going to make decisions about what to charge based on the level of service you require throughout the case. You can expect to pay an hourly rate, or a retainer when you hire a child support lawyer. You can usually schedule an initial appointment before deciding on your legal representation.
Hire a Child Support Lawyer to Guide You Through Your Case in Texas
When you hire a child support lawyer, you do not have to know how to file for child support in Texas right away. Our team at the Walke-Wilson Firm, PLLC, takes the time to educate you about Texas child support laws and the legal process for establishing a child support order. We are confident we can help you develop a plan that suits your family. Our team can help you modify or enforce existing orders, too.
Our team brings years of experience navigating complex family matters, including adoption, child support, divorce, paternity, and spousal support. As members of the Montgomery County Bar Association and The Woodlands Area Chamber of Commerce, we’re proud to provide personal attention and compassion to every client who walks through our door.
Contact our office to schedule an initial consultation with a Texas child support attorney to discuss your case today.