How Child Support Orders End in Texas

Child support in Texas ends when a court order says it does, not when you and the other parent agree to stop paying

You cannot straightforward stop paying child support because you and the other parent have agreed to it. Texas family courts treat child support as a legal obligation to the child, not a contract between two adults. To legally end child support, you must file a motion with the court that issued the original order, and a judge must approve the change. If you stop paying without a court order, you can face wage garnishment, license suspension, and contempt charges.

The process differs depending on whether you want to end support entirely or modify the amount. Ending support requires showing that one of the legal grounds for termination has been met. Modifying the amount is a separate process that does not end the obligation but changes what you pay.

Key Takeaways

• Child support ends only by court order in Texas; an agreement between parents is not legally binding and does not stop your payment obligation.
• Support automatically terminates when the child turns 18, graduates high school, or dies, but you must still notify the court in writing.
• You can file a motion to modify or terminate support if your circumstances have changed substantially, such as job loss or a significant income change.
• The parent receiving support can also file to end support early if the child no longer needs it or if circumstances have changed.
• If you owe back support, the court will not terminate your obligation until arrears are paid or a payment plan is approved.

When child support automatically ends without a court order

Texas law sets specific events that terminate child support automatically. The most common is when the child turns 18 years old, provided the child has also graduated high school or will graduate before turning 19. If the child is still in high school after turning 18, support continues until graduation or the child's 19th birthday, whichever comes first.

Support also ends automatically if the child dies, marries, or is emancipated by court order. Emancipation means the child has been legally declared independent and no longer may have access to to parental support. Even when support ends automatically, you should send written notice to the court and the other parent confirming the termination date. This creates a record and prevents disputes later.

If the child is disabled and unable to support themselves, support may continue past age 18 or 19 if the original order included language for disabled children. You would need a court order to terminate support in this situation.

Filing a motion to terminate support before the child reaches the age limit

If you want to end support before the automatic termination date, you must file a motion to terminate with the district court that issued the original child support order. This motion must show that a substantial and material change in circumstances has occurred since the order was entered, or that the change was not anticipated when the order was made.

Examples of changes that courts may consider include: the child moving in with you permanently, the other parent's income increasing significantly so they no longer need support, the child becoming emancipated, or the child no longer being in school and becoming self-supporting. Job loss alone is not usually grounds for termination, though it may support a modification to a lower amount.

You will need to file the motion in the same court that issued the original order. If you do not know which court, check your child support order for the case number and county. You can file the motion yourself or hire a family law attorney. The filing fee varies by county but typically ranges from $100 to $300.

How to file the motion and what documents you need

The motion must be in writing and filed with the district court clerk in the county where the order was issued. The motion should state your name, the child's name, the case number from the original order, and the specific reason you believe support should end. You must also state that a substantial change in circumstances has occurred.

Attach supporting documents to your motion. These may include: pay stubs showing a job loss or income change, a letter from the child's school confirming graduation, a court order showing emancipation, or documentation that the child now lives with you. If the other parent's circumstances have changed, include evidence of that as well, such as tax returns or employment records.

File the original motion and at least two copies with the district court clerk. Pay the filing fee at the time of filing. You must also serve a copy of the motion on the other parent or their attorney at least 21 days before the hearing. Service can be done by certified mail, in person, or through an attorney. Keep proof of service to show the court.

What happens at the hearing and how the judge decides

After you file the motion, the court will schedule a hearing. Both you and the other parent will have the opportunity to present evidence and arguments. You may testify about the change in circumstances and why you believe support should end. The other parent can present their own evidence and argue against termination.

The judge will consider whether a substantial and material change has occurred and whether terminating support is in the best interest of the child. The judge may also consider whether you owe back support. If you owe arrears, the judge will not terminate your obligation until you have paid what you owe or agreed to a payment plan.

The judge will issue a written order stating whether support is terminated, modified, or continues as originally ordered. If the judge terminates support, the order will specify the effective date. If the judge denies your motion, you can file another motion only if there has been another substantial change in circumstances since the hearing.

Back support and arrears: what happens if you owe money

If you have fallen behind on child support payments, you owe back support, also called arrears. The court will not terminate your child support obligation until arrears are paid in full or you have a court-approved payment plan in place. This applies even if the child has reached the age when support would normally end.

When you file a motion to terminate, the court will check your payment history. If arrears exist, the judge may order you to pay them in a lump sum or set up a payment schedule. The payment plan must be reasonable based on your income and ability to pay. Once the payment plan is in place, the court may then terminate the ongoing support obligation, but you will still owe the arrears according to the plan.

If you cannot pay arrears in full, explain your financial situation to the judge. Provide documentation of your income, expenses, and any hardship. The judge has discretion to set a payment plan that works with your circumstances, but you must make the payments as ordered or face enforcement actions.

Enforcement actions if you stop paying without a court order

If you stop paying child support without obtaining a court order to terminate or modify, the other parent or the state can take enforcement action against you. The Texas Attorney General's Child Support Division can pursue collection through several methods.

Your wages can be garnished, meaning money is taken directly from your paycheck before you receive it. Your state and federal tax refunds can be intercepted and applied to what you owe. Your driver's license, professional license, or occupational license can be suspended. You can be held in contempt of court, which can result in jail time. Your credit can be damaged, and a judgment can be entered against you for the amount owed.

These enforcement actions continue until you pay what you owe or obtain a court order. The longer you go without paying, the more arrears accumulate, and the more difficult it becomes to resolve the situation. If you cannot afford your current support obligation, filing a motion to modify is the proper legal step.

Frequently Asked Questions

Can the other parent and I agree to end child support without going to court?

No. An agreement between parents is not legally binding and does not end your child support obligation. Only a court order can terminate support. If you stop paying based on an informal agreement, you can still be pursued for back support and face enforcement actions. You must file a motion with the court and have a judge approve the termination.

What if the child wants to stop receiving support?

The child's preference alone does not end support. However, if the child is old enough to be emancipated or has moved in with you, that is a change in circumstances you can present to the court. The judge will consider the child's wishes as one factor but will focus on whether the change in circumstances is substantial and whether ending support is in the child's best interest.

Do I have to pay child support if the other parent won't let me see the child?

Yes. Child support and visitation are separate legal issues in Texas. You cannot stop paying support because you are denied access to the child. If visitation is being withheld, you can file a motion to enforce your visitation rights, but you must continue paying support. File a separate motion addressing the visitation problem.

How long does it take for the court to terminate child support after I file a motion?

The timeline varies depending on the court's schedule and whether the other parent contests your motion. Typically, a hearing is scheduled within 30 to 90 days of filing. After the hearing, the judge may issue an order when ready or take time to consider the evidence. Once the order is signed, termination is effective on the date stated in the order, which may be the date of the hearing or a later date.

Can child support be terminated if I remarry or my income changes?

Remarriage alone does not end child support. A significant income change, such as job loss or a substantial pay cut, may support a motion to modify the amount, but not necessarily to terminate support entirely. You must show that the change was not anticipated and that it substantially affects your ability to pay. The court will consider your new circumstances but will not terminate support unless one of the legal grounds for termination is met.