What actually stops child support in Texas
Child support ends when the court order ends — not when you stop paying or when you and the other parent agree to stop. In Texas, a court must modify or terminate the order for it to be legally valid. Stopping payments on your own creates arrears (back pay owed) and can result in wage garnishment, driver's license suspension, and contempt charges.
The legitimate routes are: the child turns 18 or graduates high school (whichever is later), the child is adopted by someone else, you file for modification based on a substantial change in circumstances, or the obligor (paying parent) dies. Each has specific requirements and timelines.
If you are looking to reduce rather than eliminate support, modification is the only legal path. Texas courts will lower the amount if your income has dropped significantly, your custody arrangement has changed, or other material circumstances have shifted since the order was set.
Key Takeaways
- Child support only ends by court order — stopping payments on your own creates debt and legal consequences including wage garnishment and license suspension.
- Support automatically terminates when the child turns 18 and graduates high school (or at age 19 if still in high school), with no action required from you.
- To reduce payments before that date, you must file for modification with the court and prove a substantial change in your income, custody, or other material circumstances.
- The Texas Attorney General's office or a family law attorney can file the modification petition, and the other parent will be notified and can contest it.
- Arrears (unpaid support) do not disappear and can be collected through wage garnishment, tax refund interception, and license suspension even after the child turns 18.
When child support automatically ends without court action
Support terminates on its own in two scenarios. First, when the child turns 18 and has graduated high school — both conditions must be met. If the child is still in high school after turning 18, support continues until graduation or age 19, whichever comes first. You do not need to file anything; the obligation simply ends on that date.
Second, if the child is adopted by someone else (including a stepparent), the biological parent's support obligation ends. The adoptive parent becomes legally responsible. This requires a formal adoption order from the court.
Death of the obligor (the parent paying support) also ends the obligation, though any arrears owed may be collected from the estate. Death of the child does not automatically end support — you must file to have the order terminated, though courts typically grant this.
How to file for modification if your circumstances have changed
A modification petition is a court filing that asks the judge to change the support amount based on a substantial change in circumstances. Texas courts look for changes that were not foreseeable when the order was set. Common grounds include: your income dropped by 10 percent or more, you lost your job, your custody time increased, the child's needs changed, or the other parent's income increased significantly.
You can file the petition yourself (called pro se) or hire a family law attorney. The Texas Attorney General's office can also file on your behalf if you are receiving TANF (Temporary Assistance for Needy Families) or if child support is being enforced through their office. Filing costs between $200 and $400 in court fees, plus attorney fees if you hire one.
Once filed, the other parent is served with notice and has time to respond. If they contest the modification, a hearing will be scheduled. The judge will review your income, the child's needs, custody time, and other factors under the Texas child support guidelines. Modification can lower the amount, raise it, or leave it unchanged depending on what the evidence shows.
What counts as a substantial change in circumstances
Texas courts require that the change be "material and substantial" — meaning significant enough to justify reopening the order. A job loss, permanent disability, or reduction in hours that lowers your income by 10 percent or more typically qualifies. A temporary layoff or brief period of unemployment usually does not, unless it becomes long-term.
Changes in custody also trigger modification. If you now have the child more than half the time (or less than before), that affects the calculation. If the other parent's income has increased substantially, that can lower your obligation. If the child's medical or educational needs have changed significantly, that matters too.
A change in your living situation, new dependents, or a second job does not automatically may have access to. Courts focus on whether the change affects your ability to pay or the child's needs, not on your personal choices. Intentionally reducing your income — quitting a job, turning down a promotion, or taking a lower-paying position — will not reduce your obligation and may result in the court imputing (assigning) income to you based on your earning capacity.
How the Texas Attorney General's office enforces support
If you owe child support, the Texas Attorney General's Child Support Division can enforce collection through several methods. Wage garnishment is the most common: up to 50 percent of your disposable income (after taxes and mandatory deductions) can be withheld from your paycheck. If you are self-employed or have irregular income, the state can place a lien on your property or intercept your tax refunds.
Driver's license suspension is automatic if you fall behind by more than one month or $100. Your professional licenses (medical, legal, contractor) can also be suspended. If arrears exceed $5,000, your passport can be denied or revoked.
Contempt of court charges can result in jail time if you willfully refuse to pay and have the ability to do so. The burden is on you to prove you cannot pay, not on the state to prove you can. If you are genuinely unable to pay due to job loss or disability, you should file for modification immediately rather than simply stop paying.
Arrears do not disappear and can follow you for years
Unpaid child support (arrears) does not go away when the child turns 18. It remains a debt that can be collected indefinitely in Texas. The state can continue wage garnishment, tax refund interception, and license suspension to collect arrears even after the child is an adult and support has ended.
Interest accrues on arrears at 6 percent per year. If you owe $10,000 in back support, that amount grows. The state can also add collection costs and attorney fees to what you owe. Some arrears cases are referred to private collection agencies, which can pursue civil judgment against you.
If you have arrears and want to resolve them, you can contact the Texas Attorney General's office to discuss a payment plan. Some cases allow for reduced lump-sum settlements if you can pay a portion upfront, though this is negotiated case-by-case and is not may provide.
What happens if you ignore a child support order
Ignoring the order does not make it go away. The other parent or the state can file a motion for contempt, which can result in jail time. You will be ordered to appear in court, and if you cannot show cause for non-payment (such as documented job loss), the judge can hold you in contempt. Jail time is typically 6 months or until you pay, whichever comes first.
Non-payment also triggers automatic consequences: wage garnishment begins without additional court action, your driver's license is suspended, and your credit is damaged. If you owe more than $5,000, your passport application is denied. These consequences compound over time and make it harder to work and earn income to pay what you owe.
If you are facing financial hardship, the legal response is to file for modification or request a temporary stay of enforcement while you stabilize your situation. Courts are more willing to work with you if you take action than if you simply disappear or ignore notices.
Frequently Asked Questions
Can I stop paying if the other parent agrees?
No. A verbal or written agreement between you and the other parent does not override the court order. Only a judge can terminate or modify support. If you both want to stop, you must file a joint motion to terminate with the court. Without a court order, you remain legally obligated and can face enforcement action.
What if I cannot find the other parent or the child?
You still owe support. The state can locate the other parent through the Federal Parent Locator Service. If you genuinely cannot locate the child and have made documented efforts, you can file for modification or termination based on changed circumstances, but the burden is on you to show you tried.
Does remarriage or having new children lower my support obligation?
Not automatically. New dependents can be considered in a modification, but they do not reduce your obligation to your existing child. Texas courts prioritize support for children already born. You would need to file for modification and show that your income has decreased or your circumstances have materially changed.
Can I reduce support if the other parent is not following the custody order?
Not directly. Custody violations and support are separate issues. If the other parent is not following the custody schedule, you can file a motion to enforce custody, but that does not automatically reduce support. You would need to file a separate modification petition showing that your actual custody time has changed.
What if the child does not want support from me anymore?
The child's preference does not matter legally. Support is the parent's obligation, not the child's choice. Only a court order can end it. If the child is 18 and no longer in high school, support ends automatically. If the child is younger, you must file for modification based on changed circumstances, not on the child's wishes.