Many parents believe that child support is only available when parents were married and later divorced. However, in Texas, a parent can request child support even if the parents were never married.
Texas law focuses on the needs and best interests of the child, not whether the parents were married. When a child’s parents are no longer together, both parents have a legal responsibility to provide financial support for their child.
Understanding how child support works for unmarried parents can help ensure that a child’s needs are properly addressed.
Child Support Is Based on Parentage, Not Marriage
In Texas, a parent’s obligation to support their child exists regardless of whether the parents were married.
If a person is legally established as the child’s parent, they may be required to provide financial support. This applies to parents who:
- Were married and later divorced.
- Were never married.
- Were previously in a relationship but never lived together.
- Have separated after having a child together.
Marriage is not a requirement for establishing child support.
Establishing Paternity in Texas
Before a court can order a parent to pay child support, legal parentage must typically be established.
If the parents were married when the child was born, the husband is generally presumed to be the legal father under Texas law.
If the parents were not married, paternity may need to be established through one of the following methods:
Acknowledgment of Paternity
A father may voluntarily establish legal fatherhood by signing an Acknowledgment of Paternity.
This document is often signed at the hospital after a child’s birth but can also be completed later.
Court Order Establishing Paternity
If paternity is disputed or has not been established, either parent may request that the court determine parentage.
The court may order genetic testing if necessary to determine whether someone is the child’s biological father.
Once legal parentage is established, the court can address issues such as child support, custody, and visitation.
How Is Child Support Determined for Unmarried Parents?
Texas uses child support guidelines to help determine an appropriate amount of support.
The court may consider factors including:
- The paying parent’s income.
- The number of children requiring support.
- Health insurance costs.
- Childcare expenses.
- The child’s medical needs.
- Other relevant financial circumstances.
Texas child support guidelines generally begin with a percentage of the obligor’s net resources:
- 20% for one child.
- 25% for two children.
- 30% for three children.
- 35% for four children.
- 40% for five or more children.
The court may adjust support in certain circumstances based on the child’s needs and the parents’ financial situations.
Can I Get Child Support Without Filing for Divorce?
Yes. Parents who were never married do not need to file for divorce to request child support.
Instead, a parent may file a Suit Affecting the Parent-Child Relationship (SAPCR). A SAPCR allows the court to establish orders regarding:
- Conservatorship (custody).
- Possession and access (visitation).
- Child support.
- Medical support.
- Other child-related issues.
A SAPCR can be filed whether the parents were married or not, as long as there is a child involved and the court has jurisdiction.
Does Getting Child Support Give the Other Parent Custody Rights?
A common concern among unmarried parents is whether requesting child support automatically gives the other parent custody or visitation rights.
Child support and custody are separate legal issues.
A parent’s obligation to financially support a child does not automatically determine possession or access. Likewise, requesting child support does not mean a parent loses custody.
However, when a court establishes child support, it often addresses custody and visitation at the same time so that both parents’ rights and responsibilities are clearly defined.
What If the Other Parent Refuses to Pay Child Support?
If a parent is ordered to pay child support and fails to do so, the receiving parent may seek enforcement through the court.
Possible enforcement options may include:
- Income withholding.
- Collection of unpaid child support arrears.
- Liens.
- License suspension.
- Contempt proceedings.
Child support obligations do not disappear simply because parents were never married.
Can Child Support Be Requested Years After the Child Is Born?
In many situations, yes. A parent may seek to establish paternity and request child support after a child’s birth.
However, waiting to address parentage and support issues can create complications. Establishing clear legal orders early can help provide stability and clarity for both the child and the parents.
Protecting Your Child’s Future
Regardless of whether parents were married, children deserve financial support from both parents. Establishing legal orders for child support can provide consistency and ensure that both parents are contributing to the child’s needs.
At Haugen Law Firm, we help parents navigate child support, paternity, custody, and other family law matters throughout Texas.
If you need assistance establishing child support or understanding your rights as an unmarried parent, contact Haugen Law Firm to schedule a consultation.