Common Issues Handled in Attorney General Child Support Cases

If you are involved in a child support matter through the Texas Attorney General’s Office, your case may involve paternity, establishing or modifying support orders, collecting unpaid support, or enforcing an existing order. The Office of the Attorney General (OAG) handles these and other child support matters. While every case is different, you may encounter some of the same legal and procedural issues that arise in many child support cases. 

A child support dispute can be stressful, especially when you are trying to understand your rights and responsibilities while dealing with another parent or a government agency. Questions about payments, paternity, enforcement, or changes to an existing order can affect your finances and your relationship with your child. Understanding the issues that may arise can help you prepare for what your case may involve. 

At Thaler Law in Georgetown, Texas, we represent parents involved in child support and other family law matters, including cases involving the Texas Attorney General’s Office. We can help you understand the issues in your case, protect your legal rights, and prepare for the proceedings ahead. Contact us today to discuss your child support case. 

Establishing Paternity and Initial Support Orders

Before child support can be ordered, legal paternity must be established. If you were not married to the other parent when your child was born, the OAG may become involved in establishing parentage. This may happen through a voluntary Acknowledgment of Paternity (AOP) or, if paternity is disputed, court-ordered genetic testing. 

Once paternity is established, the OAG calculates a proposed support amount using Texas child support guidelines. The calculation generally considers factors such as your net resources and the number of children for whom support is being ordered.

If you disagree with how your income or other resources were calculated, particularly if you are self-employed, work irregular hours, or receive bonuses or commissions, our attorneys can review the circumstances of your case and advocate for your interests. 

Non-Payment and Arrears

If you have fallen behind on child support payments, the unpaid amount is generally referred to as arrears. Interest may accrue on unpaid support under Texas law, causing the amount you owe to increase over time. 

If you are owed child support, you may be trying to recover unpaid payments and receive support consistently. If you owe support, you may be concerned about how to address your arrears and avoid further enforcement action. Whether you owe support or are waiting to receive it, understanding how arrears are calculated and addressed can help you determine what options may be available in your situation. 

Enforcement Actions

When child support remains unpaid, the OAG can use several enforcement measures to collect the amount due. The specific requirements and procedures vary depending on the type of enforcement action involved. 

• Wage withholding: Child support may be deducted directly from your paycheck. 

• License suspension: Your driver's or professional license may be suspended if the applicable requirements are met. 

• Passport denial or revocation: If you owe more than $2,500 in child support, federal rules generally prevent you from receiving a U.S. passport, and an existing passport may be revoked. 

• Tax refund interception: Certain federal tax refunds may be intercepted and applied toward past-due child support. 

• Contempt proceedings: You may face contempt proceedings for failing to comply with a child support order, which can result in jail time in some circumstances. 

If you receive a child support enforcement notice, it is important to understand what action the OAG is taking and why. We can review your case for potential errors in the arrears calculation, issues with the existing order, or circumstances that may support a modification. 

Modifying an Existing Child Support Order

If your circumstances have materially and substantially changed, you may be able to request a modification of your child support order. A significant change in income, a change in the child's living situation, changes in the child's needs, or other substantial changes in circumstances may support a modification depending on the facts of your case. 

Texas also provides for a three-year review of child support orders. Under the applicable requirements, a parent may request that the Title IV-D agency review a child support order once every three years. For the three-year modification ground, the monthly amount must differ by either 20% or $100 from the amount that would be awarded under the child support guidelines. 

If you and the other parent agree that your child support should change, that agreement does not by itself modify your existing court order. The modification must be approved through the appropriate legal process before the new amount becomes enforceable. 

Our attorneys can review your circumstances and help you understand whether you may have grounds for a child support modification and what the process may involve. 

Medical and Dental Support Disputes

Your child support order may require you or the other parent to provide health insurance for your child, and it may also address dental coverage. You may have questions about which parent is responsible for coverage, how uninsured medical expenses should be divided, or what happens if your employer-provided coverage changes or ends. 

These issues may come up during enforcement or modification proceedings. Our Texas family law attorneys can review your existing order, help you understand your medical and dental support obligations, and address disputes involving coverage or unreimbursed expenses. 

Disagreements Over Case Handling by the OAG

If you are working with the OAG, you may have questions about your case status, payment records, enforcement actions, or other issues involving your child support case. The OAG represents the state's interest in establishing and enforcing child support and does not represent you or the other parent individually. 

If the OAG's position or handling of your case does not address your concerns, you may need your own legal advocate. Our attorneys can review your situation and help you understand how to address concerns with your child support case. 

Get Help With Your Child Support Case in Texas

Child support cases can involve several issues, from establishing paternity and setting an initial support order to addressing arrears and enforcement actions and resolving medical and dental support or modification issues. Understanding how these issues may affect you can help you make informed decisions about how to address your case. 

At Thaler Law, based in Georgetown, Texas, our family law attorneys represent parents in Georgetown and throughout Travis County, Bell County, Burnet County, Hays County, Bastrop County, Bexar County, Lampasas County, Milam County, and McLennan County in child support and other family law matters.

We can review your situation, explain your legal options, and advocate for your interests throughout the process. Contact us today to schedule a consultation.