San Marcos Child Support Attorney
Hays County Child Support Representation with Flexible Fee Options
Child support matters rarely feel straightforward, especially when Texas law is changing and your family’s financial future is on the line. McNutt Law Firm, PLLC provides child support legal services in San Marcos, representing clients in Hays County family court with a clear-eyed, compassionate approach. Our attorneys help you understand what the law requires, what your options are, and how to protect your children’s interests at every stage.
Whether you’re dealing with an initial support order, an existing arrangement that no longer fits your circumstances, or a paying parent who isn’t complying, we’re here to help. The September 1, 2025, changes to Texas child support guidelines have prompted many Hays County families to take a closer look at their current orders. Now is a good time to do the same.
Call us at (512) 488-3612 or contact us online to schedule your free consultation with our child support attorneys in San Marcos.
What Is Child Support Under Texas Law?
Child support is a legal obligation requiring the noncustodial parent to contribute financially to a child’s living expenses, covering food, clothing, healthcare, and education. Before a support order can be entered, establishing paternity is often required, particularly in cases outside of marriage. Our attorneys represent clients in both divorce proceedings and standalone paternity actions in Hays County family court.
Texas Family Code Chapter 154 governs child support obligations in Texas. Calculations are based on the noncustodial parent’s net monthly resources, meaning gross income minus allowable deductions such as federal income taxes, Social Security, union dues, and health insurance premiums paid for the child. Courts can deviate from the guidelines when individual circumstances warrant it, including a child’s special needs or the paying parent’s additional financial obligations to other children.
How Texas Calculates Child Support
Texas applies percentage-based guidelines to a parent’s net monthly resources. Here is a breakdown of the rates by number of children supported:
- 1 child: 20%
- 2 children: 25%
- 3 children: 30%
- 4 children: 35%
- 5 or more children: Not less than 40%
These percentages apply up to an income cap on net monthly resources. Before September 1, 2025, that cap was $9,200 per month. Effective September 1, 2025, H.B. 2643 raised the cap to $11,700 per month, the largest single increase in Texas history. The percentage rates themselves didn’t change. What changed is the maximum income subject to those percentages.
Under the new cap, guideline support for one child can reach $2,340 per month, two children $2,925 per month, and three children $3,510 per month. Any order finalized on or after September 1, 2025, is calculated under the $11,700 cap.
How Far Back Can You Recover Child Support in Texas?
The answer depends on whether a court order was ever in place. If no prior order exists, Texas allows courts to award retroactive child support, and the law presumes that going back up to four years is reasonable. That four-year period is a presumption, not a hard cap. Courts can go further in limited circumstances, such as when a parent deliberately evaded their obligations. If an order was already in place and payments went unpaid, those arrears become enforceable as a court judgment and can generally be pursued for a longer period. In either situation, acting promptly preserves your options and can make the evidence-gathering process easier.
The 2025 Cap Increase & Your Existing Order
Orders finalized before September 1, 2025, remain in effect under the old $9,200 cap and don’t automatically update to reflect the new law. To change an existing order, a parent must generally demonstrate a material and substantial change in circumstances, meaning a significant shift in income, employment, health, or the child’s needs that justifies revisiting the court-ordered amount.
If the paying parent’s income was at or above the old $9,200 cap, the increase to $11,700 can support a request to review and potentially modify the existing order. Orders entered on or after September 1, 2025, automatically apply the new cap. The change doesn’t apply retroactively to amounts already paid.
We assist San Marcos parents in evaluating whether their existing child support order qualifies for modification under the updated guidelines and handle modification proceedings in Hays County family court.
Child Support Obligations for Incarcerated Parents
Incarceration doesn’t suspend a child support obligation. The legal requirement stays in place, but a parent’s income typically drops to near zero during incarceration, which courts recognize as a basis for a modification motion. Evidence required includes documentation of the incarceration and the parent’s reduced or eliminated income.
Upon release, obligations resume, and a second modification may be needed to reflect the parent’s post-release income and employment status. A judge can impose up to six months in jail for willful nonpayment of child support as contempt of court. The custodial parent can also pursue arrears through wage garnishment or property liens, and in certain circumstances, a co-parent may request that the court dismiss accumulated arrearages.
We assist both incarcerated parents and custodial parents in filing motions to modify child support orders and in navigating what happens to obligations upon release.
Texas Child Support Enforcement
When a noncustodial parent fails to comply with a child support order, Texas law provides several enforcement tools. Courts and the state can use any combination of the following methods to compel compliance:
Income withholding: Employers are legally required to withhold child support payments directly from the noncustodial parent’s paycheck and remit them to the Texas State Disbursement Unit. This is one of the most common and reliable enforcement mechanisms.
Wage garnishment: Beyond standard wages, garnishment can extend to bonuses, commissions, and retirement benefits.
Interception of federal and state payments: Tax refunds and lottery winnings can be intercepted and applied to overdue child support balances.
Contempt of court: Willful disobedience of a child support order can result in fines, community service, or jail time. A judge can sentence a noncustodial parent to up to six months in jail for contempt.
Suspension of licenses: Driver’s licenses, professional licenses, hunting and fishing licenses, and recreational licenses can all be suspended until the parent comes into compliance.
Passport denial: Parents with significant arrears may be denied a passport or have an existing passport revoked, which can affect international travel.
Property liens: The state can place liens on real estate, vehicles, and other assets. Proceeds from any sale of a liened property go toward the overdue balance.
Credit reporting: Delinquent payments can be reported to credit bureaus, affecting the noncustodial parent’s ability to obtain loans and credit.
Assistance from the Texas Child Support Division
The Texas Child Support Division, administered through the Office of the Attorney General, provides free services to custodial parents, including:
- Locating Noncustodial Parents: The division can help locate a parent to facilitate enforcement actions.
- Establishing and Modifying Orders: The division assists in setting up new support orders and modifying existing ones when circumstances change.
- Collecting and Distributing Payments: The division manages collection and distribution of child support payments.
- Filing Enforcement Actions: The division can represent custodial parents in enforcement proceedings.
Child Support Services in San Marcos from McNutt Law Firm, PLLC
Our child support attorneys in San Marcos handle the full range of matters that arise around support obligations:
- Establishing child support orders. We guide clients through determining an appropriate support amount under Texas law and represent them in Hays County family court.
- Modifying existing orders. Changes in income, employment, health, or a child’s needs can all warrant a modification. The September 2025 cap change is an active reason for many Hays County families to evaluate whether their existing order should be reviewed.
- Enforcing orders. When a noncustodial parent isn’t meeting their obligations, we assist in pursuing the enforcement tools available under Texas law.
- Resolving disputes. We represent parents in child support disputes and advocate for resolutions that can serve the child’s best interests.
We offer payment plans and sliding-scale fees so that legal representation is accessible regardless of your financial situation. Free consultations are available so you can discuss your circumstances without any upfront financial commitment.
Why San Marcos Families Choose McNutt Law Firm, PLLC
Every member of our legal team contributes to your case, not just the lead attorney. That team approach means you receive consistent support, clear answers, and a legal strategy built around your family’s specific circumstances rather than a one-size-fits-all plan.
We believe clients should remain in control of their own decisions. Our job is to explain your options clearly, including the tradeoffs, so you can make informed choices rather than simply deferring to us. That commitment to transparent communication runs through every stage of a case, from the initial consultation through final resolution.
Our practice covers child support alongside custody, paternity, CPS defense, and related family law matters, so families facing overlapping issues can address them with the same team.
Contact us today at (512) 488-3612 to schedule your free consultation. Let’s talk about your situation and the options available to help protect your children’s future.
Frequently Asked Questions
Can Child Support Be Modified If My Financial Situation Changes?
Yes. Child support orders can be modified when there is a material and substantial change in circumstances, such as a significant shift in income, employment status, or the child’s needs. An attorney can help you file a motion to modify the existing order and present the evidence needed to support your request.
What Happens If a Parent Fails to Pay Child Support?
Texas courts and the Office of the Attorney General can pursue multiple enforcement actions, including wage garnishment, income withholding, license suspension, property liens, and contempt of court proceedings. Willful nonpayment can result in up to six months in jail. Seeking legal assistance promptly can improve your ability to pursue what is owed.
How Does Incarceration Affect Child Support Obligations?
Incarceration doesn’t eliminate the obligation to pay child support, but courts can modify the amount to reflect reduced income during that period. A motion to modify should be filed as soon as possible after incarceration begins. Upon release, obligations typically resume and may need to be reassessed to reflect new income and employment circumstances.
Can Child Support Orders Be Enforced Across State Lines?
Yes. The Uniform Interstate Family Support Act (UIFSA) ensures that child support orders are recognized and enforceable in other states, giving custodial parents a legal mechanism to pursue enforcement even when the noncustodial parent lives elsewhere.
Does the 2025 Texas Child Support Cap Increase Affect My Existing Order?
Not automatically. Orders finalized before September 1, 2025, remain in effect under the old $9,200 cap. To change an existing order, you must file a modification proceeding and demonstrate a material and substantial change in circumstances. If the paying parent’s income was at or above the old cap, the increase to $11,700 may support a request for review. Contact us to evaluate whether your situation may warrant a modification.
What Should I Do If I Am Owed Past-Due Child Support in Texas?
You can pursue enforcement through the Texas Child Support Division or through a private attorney. If an order was already in place and payments went unpaid, those arrears are enforceable as a court judgment. If no order was ever established, you may be able to seek retroactive child support, with Texas courts generally presuming that going back up to four years is reasonable. Enforcement remedies include income withholding, wage garnishment, property liens, and contempt proceedings. Acting promptly matters in either situation.
Can I Request a Modification of Child Support If My Child’s Needs Change?
Yes. If your child develops additional medical needs, requires specialized education, or experiences another significant change, you can request a modification of the existing order. An attorney can help you document the change in circumstances and file the appropriate motion with the court.