Tex. Fam. Code § 154.301-154.309

TEXAS FAMILY CODE Chapter 154, Subchapter F — SUPPORT FOR A MINOR OR ADULT DISABLED CHILD CHAPTER 154 • CHILD SUPPORT Subchapter F: SUPPORT FOR A MINOR OR ADULT DISABLED CHILD Sec. 154.301. DEFINITIONS. In this subchapter: (1) "Adult child" means a child 18 years of age or older. (2) "Child" means a son or daughter of any age. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 154.302. COURT-ORDERED SUPPORT FOR DISABLED CHILD. (a) The court may order either or both parents to provide for the support of a child for an indefinite period and may determine the rights and duties of the parents if the court finds that: (1) the child, whether institutionalized or not, requires substantial care and personal supervision because of a mental or physical disability and will not be capable of self-support; and (2) the disability exists, or the cause of the disability is known to exist, on or before the 18th birthday of the child. (b) A court that orders support under this section shall designate a parent of the child or another person having physical custody or guardianship of the child under a court order to receive the support for the child. The court may designate a child who is 18 years of age or older to receive the support directly. (c) Notwithstanding Subsection (b), a court that orders support under this section for an adult child with a disability may designate a special needs trust and provide that the support may be paid directly to the trust for the benefit of the adult child. The court shall order that support payable to a special needs trust under this subsection be paid directly to the trust and may not order the support be paid to the state disbursement unit. This subsection does not apply in a Title IV-D case. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by A not order the support be paid to the state disbursement unit. This subsection does not apply in a Title IV-D case. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 1173, Sec. 1, eff. Sept. 1, 1997. Amended by: Acts 2019, 86th Leg., R.S., Ch. 359 (H.B. 558), Sec. 1, eff. September 1, 2019. Sec. 154.303. STANDING TO SUE. (a) A suit provided by this subchapter may be filed only by: (1) a parent of the child or another person having physical custody or guardianship of the child under a court order; or (2) the child if the child: (A) is 18 years of age or older; (B) does not have a mental disability; and (C) is determined by the court to be capable of managing the child's financial affairs. (b) The parent, the child, if the child is 18 years of age or older, or other person may not transfer or assign the cause of action to any person, including a governmental or private entity or agency, except for an assignment made to the Title IV-D agency under Section 231.104 or in the provision of child support enforcement services under Section 159.307. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 1173, Sec. 2, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 2, eff. September 1, 2011. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 154, Subchapter F — SUPPORT FOR A MINOR OR ADULT DISABLED CHILD Sec. 154.304. GENERAL PROCEDURE. Except as otherwise provided by this subchapter, the substantive and procedural rights and remedies in a suit affecting the parent-child relationship relating to the establishment, modification, or enforcement of a child support order apply to a suit filed and an order rendered under this subchapter. Added by Acts 1995, 74th Leg., ch. 20, S ship relating to the establishment, modification, or enforcement of a child support order apply to a suit filed and an order rendered under this subchapter. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 154.305. SPECIFIC PROCEDURES. (a) A suit under this subchapter may be filed: (1) regardless of the age of the child; and (2) as an independent cause of action or joined with any other claim or remedy provided by this code. (b) If no court has continuing, exclusive jurisdiction of the child, an action under this subchapter may be filed as an original suit affecting the parent-child relationship. (c) If there is a court of continuing, exclusive jurisdiction, an action under this subchapter may be filed as a suit for modification as provided by Chapter 156. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 154.306. AMOUNT OF SUPPORT AFTER AGE 18. In determining the amount of support to be paid after a child's 18th birthday, the specific terms and conditions of that support, and the rights and duties of both parents with respect to the support of the child, the court shall determine and give special consideration to: (1) any existing or future needs of the adult child directly related to the adult child's mental or physical disability and the substantial care and personal supervision directly required by or related to that disability; (2) whether the parent pays for or will pay for the care or supervision of the adult child or provides or will provide substantial care or personal supervision of the adult child; (3) the financial resources available to both parents for the support, care, and supervision of the adult child; and (4) any other financial resources or other resources or programs available for the support, care, and supervision of the adult child. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 154.307. MODIFICATION AND ENFORCEMENT. An order provided by this su the support, care, and supervision of the adult child. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 154.307. MODIFICATION AND ENFORCEMENT. An order provided by this subchapter may contain provisions governing the rights and duties of both parents with respect to the support of the child and may be modified or enforced in the same manner as any other order provided by this title. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 154.308. REMEDY NOT EXCLUSIVE. (a) This subchapter does not affect a parent's: (1) cause of action for the support of a disabled child under any other law; or (2) ability to contract for the support of a disabled child. (b) This subchapter does not affect the substantive or procedural rights or remedies of a person other than a parent, including a governmental or private entity or agency, with respect to the support of a disabled child under any other law. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 154.309. POSSESSION OF OR ACCESS TO ADULT DISABLED CHILD. (a) A court may render an order for the possession of or access to an adult disabled child that is appropriate under the circumstances. (b) Possession of or access to an adult disabled child is enforceable in the manner provided by Chapter 157. An adult disabled child may refuse possession or access if the adult disabled child is mentally competent. (c) A court that obtains continuing, exclusive jurisdiction of a suit affecting the parent-child relationship involving a disabled person who is a child retains continuing, exclusive jurisdiction of subsequent proceedings involving the person, including proceedings after the person is an adult. Notwithstanding this subsection and any other law, a probate court may exercise Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 154, Subchapter F — SUPPORT FOR A MINOR OR ADULT D a probate court may exercise Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 154, Subchapter F — SUPPORT FOR A MINOR OR ADULT DISABLED CHILD jurisdiction in a guardianship proceeding for the person after the person is an adult. Added by Acts 1995, 74th Leg., ch. 751, Sec. 43, eff. Sept. 1, 1995. Amended by: Acts 2007, 80th Leg., R.S., Ch. 453 (H.B. 585), Sec. 1, eff. June 16, 2007. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3