Tex. Fam. Code § 154.001-154.006

TEXAS FAMILY CODE Chapter 154, Subchapter A — COURT-ORDERED CHILD SUPPORT CHAPTER 154 • CHILD SUPPORT Subchapter A: COURT-ORDERED CHILD SUPPORT FAMILY CODE > TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP > SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP > CHAPTER 154. CHILD SUPPORT Sec. 154.001. SUPPORT OF CHILD. (a) The court may order either or both parents to support a child in the manner specified by the order: (1) until the child is 18 years of age or until graduation from high school, whichever occurs later; (2) until the child is emancipated through marriage, through removal of the disabilities of minority by court order, or by other operation of law; (3) until the death of the child; or (4) if the child is disabled as defined in this chapter, for an indefinite period. (a-1) The court may order each person who is financially able and whose parental rights have been terminated with respect to a child in substitute care for whom the department has been appointed managing conservator, a child for a reason described by Section 161.001(b)(1)(S)(iv) or (b)(1)(T), or a child who was conceived as a direct result of conduct that constitutes an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code, to support the child in the manner specified by the order: (1) until the earliest of: (A) the child's adoption; (B) the child's 18th birthday or graduation from high school, whichever occurs later; (C) removal of the child's disabilities of minority by court order, marriage, or other operation of law; or (D) the child's death; or (2) if the child is disabled as defined in this chapter, for an indefinite period. (b) The court may order either or both parents to make periodic payments for the support of a chi death; or (2) if the child is disabled as defined in this chapter, for an indefinite period. (b) The court may order either or both parents to make periodic payments for the support of a child in a proceeding in which the Department of Family and Protective Services is named temporary managing conservator. In a proceeding in which the Department of Family and Protective Services is named permanent managing conservator of a child whose parents' rights have not been terminated, the court shall order each parent that is financially able to make periodic payments for the support of the child. (b-1) In a proceeding described by Subsection (b) in which the court renders an order modifying an existing order for the support of the child to require that the payments be made to the Department of Family and Protective Services, the court shall provide notice of the order to the office of the attorney general not later than the 10th day after the date the order is rendered. (c) In a Title IV-D case, if neither parent has physical possession or conservatorship of the child, the court may render an order providing that a nonparent or agency having physical possession may receive, hold, or disburse child support payments for the benefit of the child. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 39, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 556, Sec. 8, eff. Sept. 1, 1999. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.08(a), eff. September 1, 2005. Acts 2013, 83rd Leg., R.S., Ch. 907 (H.B. 1228), Sec. 3, eff. September 1, 2013. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 154, Subchapter A — COURT-ORDERED CHILD SUPPORT Acts 2017, 85th Leg., R.S., Ch. 40 (S.B. 77), Sec. 1, eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch --- TEXAS FAMILY CODE Chapter 154, Subchapter A — COURT-ORDERED CHILD SUPPORT Acts 2017, 85th Leg., R.S., Ch. 40 (S.B. 77), Sec. 1, eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 238 (H.B. 1227), Sec. 1, eff. September 1, 2021. Acts 2025, 89th Leg., R.S., Ch. 211 (H.B. 116), Sec. 1, eff. September 1, 2025. Sec. 154.002. CHILD SUPPORT THROUGH HIGH SCHOOL GRADUATION. (a) The court may render an original support order, or modify an existing order, providing child support past the 18th birthday of the child to be paid only if the child is: (1) enrolled: (A) under Chapter 25, Education Code, in an accredited secondary school in a program leading toward a high school diploma; (B) under Section 130.008, Education Code, in courses for joint high school and junior college credit; or (C) on a full-time basis in a private secondary school in a program leading toward a high school diploma; and (2) complying with: (A) the minimum attendance requirements of Subchapter C, Chapter 25, Education Code; or (B) the minimum attendance requirements imposed by the school in which the child is enrolled, if the child is enrolled in a private secondary school. (b) The request for a support order through high school graduation may be filed before or after the child's 18th birthday. (c) The order for periodic support may provide that payments continue through the end of the month in which the child graduates. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 506, Sec. 1, eff. Aug. 30, 1999; Acts 2003, 78th Leg., ch. 38, Sec. 1, eff. Sept. 1, 2003. Sec. 154.003. MANNER OF PAYMENT. The court may order that child support be paid by: (1) periodic payments; (2) a lump-sum payment; (3) an annuity purchase; (4) the setting aside of property to be administered for the support of the child as specified in the order; (5) pension, retirement, or other employee benefits in accordance with an enforceab hase; (4) the setting aside of property to be administered for the support of the child as specified in the order; (5) pension, retirement, or other employee benefits in accordance with an enforceable qualified domestic relations order or similar order under Subchapter J, Chapter 157; or (6) any combination of periodic payments, lump-sum payments, annuity purchases, or setting aside of property. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 4, eff. September 1, 2021. Sec. 154.004. PLACE OF PAYMENT. (a) The court shall order the payment of child support, medical support, and dental support to the state disbursement unit as provided by Chapter 234. (b) In a Title IV-D case, the court or the Title IV-D agency shall order that income withheld for child support, medical support, and dental support be paid to the state disbursement unit of this state or, if appropriate, to the state disbursement unit of another state. (c) This section does not apply to a child support order that: (1) was initially rendered by a court before January 1, 1994; and (2) is not being enforced by the Title IV-D agency. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 9, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1247, Sec. 1, eff. Sept. 1, 2003. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 154, Subchapter A — COURT-ORDERED CHILD SUPPORT Amended by: Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 2, eff. September 1, 2023. Sec. 154.005. PAYMENTS OF SUPPORT OBLIGATION BY TRUST. (a) The court may order the trustees of a spendthrift or other trust to make disbursements for the support of a child to the extent the trustees are required to make payments to a beneficiary who is required to make child support payments as provided by this chapt st to make disbursements for the support of a child to the extent the trustees are required to make payments to a beneficiary who is required to make child support payments as provided by this chapter. (b) If disbursement of the assets of the trust is discretionary, the court may order child support payments from the income of the trust but not from the principal. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 154.006. TERMINATION OF DUTY OF SUPPORT. (a) Unless otherwise agreed in writing or expressly provided in the order or as provided by Subsection (b), the child support order terminates on: (1) the marriage of the child; (2) the removal of the child's disabilities for general purposes; (3) the death of the child; (4) a finding by a court that the child: (A) is 18 years of age or older; and (B) has failed to comply with the enrollment or attendance requirements described by Section 154.002(a); (5) the issuance under Section 161.005(h) of an order terminating the parent-child relationship between the obligor and the child based on the results of genetic testing that exclude the obligor as the child's genetic father; or (6) if the child enlists in the armed forces of the United States, the date on which the child begins active service as defined by 10 U.S.C. Section 101. (b) Unless a nonparent or agency has been appointed conservator of the child under Chapter 153, the order for current child support, and any provision relating to conservatorship, possession, or access terminates on the marriage or remarriage of the obligor and obligee to each other. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 556, Sec. 9, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 38, Sec. 2, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 9(a), eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1404 (S.B. 617), Sec. 1, eff. September 1, 200 2, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 9(a), eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1404 (S.B. 617), Sec. 1, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 54 (S.B. 785), Sec. 1, eff. May 12, 2011. Sec. 154.007. ORDER TO WITHHOLD CHILD SUPPORT FROM INCOME. (a) In a proceeding in which periodic payments of child support are ordered, modified, or enforced, the court or Title IV-D agency shall order that income be withheld from the disposable earnings of the obligor as provided by Chapter 158. (b) If the court does not order income withholding, an order for support must contain a provision for income withholding to ensure that withholding may be effected if a delinquency occurs. (c) A child support order must be construed to contain a withholding provision even if the provision has been omitted from the written order. (d) If the order was rendered or last modified before January 1, 1987, the order is presumed to contain a provision for income withholding procedures to take effect in the event a delinquency occurs without further amendment to the order or future action by the court. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 154, Subchapter A — COURT-ORDERED CHILD SUPPORT Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 911, Sec. 10, eff. Sept. 1, 1997. Sec. 154.008. PROVISION FOR MEDICAL SUPPORT AND DENTAL SUPPORT. The court shall order medical support and dental support for the child as provided by Subchapters B and D. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 3, eff. Sept. 1, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 8, eff. September 1, 2018. Sec. 154.009. RETROACTIVE CHILD SUPPORT. (a) The court may order a parent to pay retr Sept. 1, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 8, eff. September 1, 2018. Sec. 154.009. RETROACTIVE CHILD SUPPORT. (a) The court may order a parent to pay retroactive child support if the parent: (1) has not previously been ordered to pay support for the child; and (2) was not a party to a suit in which support was ordered. (b) In ordering retroactive child support, the court shall apply the child support guidelines provided by this chapter. (c) Unless the Title IV-D agency is a party to an agreement concerning support or purporting to settle past, present, or future support obligations by prepayment or otherwise, an agreement between the parties does not reduce or terminate retroactive support that the agency may request. (d) Notwithstanding Subsection (a), the court may order a parent subject to a previous child support order to pay retroactive child support if: (1) the previous child support order terminated as a result of the marriage or remarriage of the child's parents; (2) the child's parents separated after the marriage or remarriage; and (3) a new child support order is sought after the date of the separation. (e) In rendering an order under Subsection (d), the court may order retroactive child support back to the date of the separation of the child's parents. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 4, eff. Sept. 1, 2001. Sec. 154.010. NO DISCRIMINATION BASED ON MARITAL STATUS OF PARENTS OR SEX. The amount of support ordered for the benefit of a child shall be determined without regard to: (1) the sex of the obligor, obligee, or child; or (2) the marital status of the parents of the child. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 154.011. SUPPORT NOT CONDITIONED ON POSSESSION OR ACCESS. A court may not render an order that conditions the payment of child support on whether a managing 20, Sec. 1, eff. April 20, 1995. Sec. 154.011. SUPPORT NOT CONDITIONED ON POSSESSION OR ACCESS. A court may not render an order that conditions the payment of child support on whether a managing conservator allows a possessory conservator to have possession of or access to a child. Added by Acts 1995, 74th Leg., ch. 751, Sec. 40, eff. Sept. 1, 1995. Sec. 154.012. SUPPORT PAID IN EXCESS OF SUPPORT ORDER. (a) If an obligor is not in arrears and the obligor's child support obligation has terminated, the obligee shall return to the obligor a child support payment made by the obligor that exceeds the amount of support ordered, regardless of whether the payment was made before, on, or after the date the child support obligation terminated. (b) An obligor may file a suit to recover a child support payment under Subsection (a). If the court finds that the obligee failed to return a child support payment under Subsection (a), the court shall order the obligee to pay to the obligor reasonable and necessary attorney's fees, court costs, and expenses in addition to the amount of support paid after the date the child support order terminated. The court may order the fees, costs, expenses, and any postjudgment interest to be Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 154, Subchapter A — COURT-ORDERED CHILD SUPPORT paid directly to the attorney, who may enforce the order in the attorney's own name by any means available for the enforcement of a judgment for debt. For good cause shown, the court may waive the requirement that the obligee pay attorney's fees, court costs, and expenses if the court states the reasons supporting that finding. Added by Acts 1999, 76th Leg., ch. 363, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 5, eff. Sept. 1, 2001. Amended by: Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 26, eff. September 1, 2025. Sec. 154 eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 5, eff. Sept. 1, 2001. Amended by: Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 26, eff. September 1, 2025. Sec. 154.013. CONTINUATION OF DUTY TO PAY SUPPORT AFTER DEATH OF OBLIGEE. (a) A child support obligation does not terminate on the death of the obligee but continues as an obligation to the child named in the support order, as required by this section. (b) Notwithstanding any provision of the Estates Code, a child support payment held by the Title IV-D agency, a local registry, or the state disbursement unit or any uncashed check or warrant representing a child support payment made before, on, or after the date of death of the obligee shall be paid proportionately for the benefit of each surviving child named in the support order and not to the estate of the obligee. The payment is free of any creditor's claim against the deceased obligee's estate and may be disbursed as provided by Subsection (c). (c) On the death of the obligee, current child support owed by the obligor for the benefit of the child or any amount described by Subsection (b) shall be paid to: (1) a person, other than a parent, who is appointed as managing conservator of the child; (2) a person, including the obligor, who has assumed actual care, control, and possession of the child, if a managing conservator or guardian of the child has not been appointed; (3) the county clerk, as provided by Chapter 1355, Estates Code, in the name of and for the account of the child for whom the support is owed; (4) a guardian of the child appointed under Title 3, Estates Code, as provided by that code; or (5) the surviving child, if the child is an adult or has otherwise had the disabilities of minority removed. (d) On presentation of the obligee's death certificate, the court shall render an order directing payment of child support paid but not disbursed to be made as provided by Subsection (c). A copy of t (d) On presentation of the obligee's death certificate, the court shall render an order directing payment of child support paid but not disbursed to be made as provided by Subsection (c). A copy of the order shall be provided to: (1) the obligor; (2) as appropriate: (A) the person having actual care, control, and possession of the child; (B) the county clerk; or (C) the managing conservator or guardian of the child, if one has been appointed; (3) the local registry or state disbursement unit and, if appropriate, the Title IV-D agency; and (4) the child named in the support order, if the child is an adult or has otherwise had the disabilities of minority removed. (e) The order under Subsection (d) must contain: (1) a statement that the obligee is deceased and that child support amounts otherwise payable to the obligee shall be paid for the benefit of a surviving child named in the support order as provided by Subsection (c); (2) the name and age of each child named in the support order; and (3) the name and mailing address of, as appropriate: (A) the person having actual care, control, and possession of the child; (B) the county clerk; or (C) the managing conservator or guardian of the child, if one has been appointed. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5 --- TEXAS FAMILY CODE Chapter 154, Subchapter A — COURT-ORDERED CHILD SUPPORT (f) On receipt of the order required under this section, the local registry, state disbursement unit, or Title IV-D agency shall disburse payments as required by the order. Added by Acts 2001, 77th Leg., ch. 1023, Sec. 6, eff. Sept. 1, 2001. Amended by: Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.018, eff. September 1, 2017. Sec. 154.014. PAYMENTS IN EXCESS OF COURT-ORDERED AMOUNT. (a) If a child support agency or local child support registry receives from an obligor who is not in arrears a child support payment in an amount that exceeds the cour XCESS OF COURT-ORDERED AMOUNT. (a) If a child support agency or local child support registry receives from an obligor who is not in arrears a child support payment in an amount that exceeds the court-ordered amount, the agency or registry, to the extent possible, shall give effect to any expressed intent of the obligor for the application of the amount that exceeds the court-ordered amount. (b) If the obligor does not express an intent for the application of the amount paid in excess of the court-ordered amount, the agency or registry shall: (1) credit the excess amount to the obligor's future child support obligation; and (2) promptly disburse the excess amount to the obligee. (c) This section does not apply to an obligee who is a recipient of public assistance under Chapter 31, Human Resources Code. Added by Acts 2001, 77th Leg., ch. 1491, Sec. 2, eff. Jan. 1, 2002. Renumbered from Family Code Sec. 154.013 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(52), eff. Sept. 1, 2003. Sec. 154.015. ACCELERATION OF UNPAID CHILD SUPPORT OBLIGATION. (a) In this section, "estate" has the meaning assigned by Chapter 22, Estates Code. (b) If the child support obligor dies before the child support obligation terminates, the remaining unpaid balance of the child support obligation becomes payable on the date the obligor dies. (c) For purposes of this section, the court of continuing jurisdiction shall determine the amount of the unpaid child support obligation for each child of the deceased obligor. In determining the amount of the unpaid child support obligation, the court shall consider all relevant factors, including: (1) the present value of the total amount of monthly periodic child support payments that would become due between the month in which the obligor dies and the month in which the child turns 18 years of age, based on the amount of the periodic monthly child support payments under the child support order in effect on the date of the obligor's d dies and the month in which the child turns 18 years of age, based on the amount of the periodic monthly child support payments under the child support order in effect on the date of the obligor's death; (2) the present value of the total amount of health insurance and dental insurance premiums payable for the benefit of the child from the month in which the obligor dies until the month in which the child turns 18 years of age, based on the cost of health insurance and dental insurance for the child ordered to be paid on the date of the obligor's death; (3) in the case of a disabled child under 18 years of age or an adult disabled child, an amount to be determined by the court under Section 154.306; (4) the nature and amount of any benefit to which the child would be entitled as a result of the obligor's death, including life insurance proceeds, annuity payments, trust distributions, social security death benefits, and retirement survivor benefits; and (5) any other financial resource available for the support of the child. (d) If, after considering all relevant factors, the court finds that the child support obligation has been satisfied, the court shall render an order terminating the child support obligation. If the court finds that the child support obligation is not satisfied, the court shall render a judgment in favor of the obligee, for the benefit of the child, in the amount of the unpaid child support obligation determined under Subsection (c). The order must designate the obligee as constructive trustee, for the benefit of the child, of any money received in satisfaction of the judgment. (e) The obligee has a claim, on behalf of the child, against the deceased obligor's estate for the unpaid child support obligation determined under Subsection (c). The obligee may present the claim in the manner provided by the Estates Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 6 --- TEXAS FAMILY CODE Chapter n (c). The obligee may present the claim in the manner provided by the Estates Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 6 --- TEXAS FAMILY CODE Chapter 154, Subchapter A — COURT-ORDERED CHILD SUPPORT Code. (f) If money paid to the obligee for the benefit of the child exceeds the amount of the unpaid child support obligation remaining at the time of the obligor's death, the obligee shall hold the excess amount as constructive trustee for the benefit of the deceased obligor's estate until the obligee delivers the excess amount to the legal representative of the deceased obligor's estate. Added by Acts 2007, 80th Leg., R.S., Ch. 1404 (S.B. 617), Sec. 2, eff. September 1, 2007. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 9, eff. September 1, 2018. Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.019, eff. September 1, 2017. Sec. 154.016. PROVISION OF SUPPORT IN EVENT OF DEATH OF PARENT. (a) The court may order a child support obligor to obtain and maintain a life insurance policy, including a decreasing term life insurance policy, that will establish an insurance-funded trust or an annuity payable to the obligee for the benefit of the child that will satisfy the support obligation under the child support order in the event of the obligor's death. (b) In determining the nature and extent of the obligation to provide for the support of the child in the event of the death of the obligor, the court shall consider all relevant factors, including: (1) the present value of the total amount of monthly periodic child support payments from the date the child support order is rendered until the month in which the child turns 18 years of age, based on the amount of the periodic monthly child support payment under the child support order; (2) the present value of the total amount of health insurance and dental insurance premiums payable for the benefit of the child from the date th hild support payment under the child support order; (2) the present value of the total amount of health insurance and dental insurance premiums payable for the benefit of the child from the date the child support order is rendered until the month in which the child turns 18 years of age, based on the cost of health insurance and dental insurance for the child ordered to be paid; and (3) in the case of a disabled child under 18 years of age or an adult disabled child, an amount to be determined by the court under Section 154.306. (c) The court may, on its own motion or on a motion of the obligee, require the child support obligor to provide proof satisfactory to the court verifying compliance with the order rendered under this section. Added by Acts 2007, 80th Leg., R.S., Ch. 1404 (S.B. 617), Sec. 2, eff. September 1, 2007. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 10, eff. September 1, 2018. Sec. 154.017. EMPLOYMENT SERVICES-RELATED ORDERS FOR UNEMPLOYED AND UNDEREMPLOYED OBLIGORS. (a) When establishing, modifying, or enforcing a child support obligation, a court or Title IV-D agency may render an order requiring an unemployed or underemployed obligor to: (1) enroll and participate fully in a program available in the obligor's community that provides employment assistance, skills training, or job placement services; or (2) work, have a plan to pay child support, or participate in work activities appropriate to pay the support obligation. (b) An order rendered under this section is enforceable as provided by Chapter 157. Added by Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 3, eff. September 1, 2023. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 7