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The Role of the Office of the Attorney General in Setting and Collecting Child Support in Texas

If you are a Texas resident and are also a parent or an alleged parent of minor children and are divorced from or are divorcing the other parent – or have never been married to the other parent – then it is quite likely that at some point in time you will find yourself having to deal with the Texas Office of the Attorney General (OAG). 

The OAG is the official governmental agency in Texas charged with the task of ensuring that minor children residing in Texas are being adequately supported by their parents. When it comes to ensuring children receive the financial support they need and deserve, the Office of the Attorney General (OAG) plays a vital role in Texas family law. 

Whether you are a parent establishing child support for the first time, seeking to enforce an existing order, or need to modify a child support agreement, understanding how the OAG operates can help you make informed decisions for your family’s future.

What Does the Office of the Attorney General Do in Child Support Cases?

The OAG’s Child Support Division is tasked with several key responsibilities, including:

  • Locating absent parents
  • Establishing paternity
  • Setting up, enforcing, and modifying child and medical support orders
  • Collecting and distributing child support payments**

The OAG acts on behalf of the State of Texas—not on behalf of either parent. The OAG’s primary goal is to ensure every child receives the financial support they are entitled to under the law.

How Does the OAG Set and Enforce Child Support?

  • Setting Child Support: The OAG helps establish child support orders using state guidelines based on income and the number of children involved. This process applies to both married and unmarried parents.
  • Enforcing Child Support: If a parent falls behind or refuses to pay court-ordered child support, the OAG can take several enforcement actions, including wage garnishment, interception of tax refunds, license suspension, and even court action that may result in probation or incarceration for nonpayment.

What the OAG Cannot Do

While the OAG provides important services regarding child support, there are limits to what they can assist with:

  • They do not represent either parent in court.
  • They do not enforce visitation or custody orders. If you need help with visitation issues, the Texas Access & Visitation Hotline (866) 292-4636 (tel:866-292-4636) offers guidance.
  • They do not negotiate or correspond directly with parents who are already represented by a private attorney.   

Suits Affecting the Parent-Child Relationship (SAPCR)

Broadly speaking, a lawsuit concerning issues of paternity or parental rights & duties or child custody, or possession & access and visitation, or child support are known as Suits Affecting the Parent-Child Relationship (SAPCR). The Texas Family Code is the statutory source of law for SAPCRs filed in Texas.

The Texas Family Code requires that Divorce cases must include a SAPCR if there are any minor children who have been born to or adopted by the divorcing parents during their marriage.  

An original SAPCR can also be filed if the parents are unmarried or separated. The Texas Family Code additionally recognizes procedures for SAPCRs seeking a modification of custody or support provisions contained within an existing court Order, as well as SAPCRs seeking an enforcement of custody or support provisions contained within an existing court Order.

The OAG – Filing a Child Support Lawsuit Vs. Intervening in a Child Support Lawsuit

A child support lawsuit is a SAPCR. The OAG has a vital role to play in ensuring that minor children are adequately supported. Therefore, and where appropriate, the OAG has both the authority to file a child support suit and the authority to join and participate in a pending child support suit.

An unmarried or separated parent who is seeking child support services can contact the OAG online to request these services. Where appropriate, the OAG can then file a child support SAPCR seeking the establishment or the modification or the enforcement of child support obligations.

However, the OAG will not file a divorce on behalf of either spouse – even if there are minor children of the marriage requiring support. Sometimes, the OAG will decide to join a pending divorce case.  This is known as Intervention. The OAG does not intervene in all divorce cases. But when the OAG does intervene, its interest and participation is specifically limited to the child support issues. It will not involve itself in issues pertaining to child custody or possession and access or marital property issues.

When to Contact the OAG, And When to Call a Private Attorney

An experienced private family law attorney can undertake very many of the same child support procedures that are authorized under the Texas Family Code for the OAG. In doing so, the private attorney is specifically representing and advocating for the client, and not for the State of Texas. So, the question arises: When should a parent or spouse enlist the services of the OAG, and when should a parent or spouse enlist the services of a private attorney?

Attorney Travis Thompson is a private family law attorney having decades of experience aggressively and effectively representing clients in child support cases and cases involving child custody and other parent-child issues and cases involving spouses. 

Contact the OAG if:

  • You are applying for child support services for the first time.
  • You are in possession of the children but the whereabouts of the other parent are unknown to you.
  • You are a custodial parent looking to have payments collected or enforced through state resources.
  • You are seeking to have your existing child support Order reviewed for purposes of determining if there have been any significant changes in circumstances affecting a parent’s ability to pay child support in the amount currently ordered

Contact Travis Thompson at Law Thompson, P.C. if:

  • You are seeking to file or defend  a divorce case where there are minor children of the marriage.
  • You are seeking to file or defend a non-divorce case involving custody or visitation of minor children.
  • You need to modify an existing child support order due to changes in income, employment, or the needs of your child.
  • You need to enforce a court order and want experienced, dedicated legal counsel to advocate for your interests.
  • You are facing complex circumstances, such as paternity disputes or child custody or possession & access and visitation disputes or other high-conflict situations where personalized legal strategy is essential.

We Don’t Handle Basic Collections: The OAG Is Your First Stop

*Please note: If your spouse or co-parent simply owes you money and you want to collect, the OAG is your best first resource. Our firm focuses on enforcement actions and modifications that require legal expertise—not simple collections.

Secure Your Children’s Financial Future

Whether you are establishing child support for the first time, need help modifying an existing order, or are struggling with enforcement issues, an experienced Houston child support attorney can guide you every step of the way. Attorney Travis Thompson represents parents across Harris County, Montgomery County, and surrounding areas, offering compassionate and skilled representation.

Contact Law Thompson, P.C. today to schedule a consultation. Let us help you protect your children’s financial stability and secure the support they deserve.