Medical and Dental Support
Texas requires every child support order to address health and dental insurance for the child in addition to base support.[3] The court will order one parent to provide health insurance if it is reasonably available through employment, and similar rules apply to dental insurance.
When health insurance is not available at a reasonable cost, the court can order cash medical support paid in addition to base child support. Uninsured medical and dental expenses are typically allocated between the parents, often split evenly.
How Child Support Is Paid
Texas pays most child support through an income withholding order.[4] The obligor’s employer withholds the support from each paycheck and sends it to the Texas State Disbursement Unit, which then forwards it to the receiving parent.
Income withholding protects both parents. The obligor has a clean record of payment. The receiving parent does not have to chase money each month. In limited situations, the parents can agree to direct payment, but that arrangement carries real risk if disputes arise later.
Modifying a Texas Child Support Order
Texas allows modification of an existing child support order in two situations. The first is a material and substantial change in the circumstances of the child or a parent since the prior order.[5]
The second route is the three-year rule. A request made at least three years after the prior order qualifies when the current guideline calculation would differ from the existing order by 20 percent or $100.
Common reasons for a modification include a parent’s job change, a raise or pay cut, or a change in the child’s needs. A modification can adjust the amount up or down. The standard is what the court can now order under current circumstances, not whether the prior order was fair when entered.
Enforcement and Back Child Support
When child support is not paid, Texas gives the receiving parent and the court substantial tools to enforce the order. Wage garnishment, liens on bank accounts and real property, and interception of state and federal tax refunds are routine. Other tools include suspension of driver’s and professional licenses, denial of passport renewal, and contempt of court that can carry jail time.
Back child support and arrearages accrue interest and do not disappear over time. They survive the child’s eighteenth birthday and follow the obligor until paid in full. Enforcement can be brought by the receiving parent or by the Texas Office of the Attorney General’s Child Support Division.
If you are behind on payments, talking to a lawyer early can change what is on the table. Limited defenses exist, payment arrangements are sometimes accepted, and modification routes can stop the bleed.