How to file for custody and child support in texas

Child Support Forms | Office of the Attorney General

These forms allow parents, families, and employers to provide the Child Support Division with additional information so we can better serve you.

All child support forms are categorized and linked below as downloadable files. Select the category you need to see the corresponding forms.

• Paternity
• Military
• Paying or Receiving Child Support
• Safety
• Child Support Administrative Review
• Child Support Enforcement
• License Suspension
• Medical Support
• State Directory of New Hires
• Release of Information

Paternity

Parent Survey on the Acknowledgement of Paternity (AOP)

This form is to be completed after the AOP has been signed or a person has declined to sign the AOP.

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Application for New Birth Certificate Based on Parentage

The VS-166 - Application for a New Birth Certificate based on Parentage form is used to add, remove, or replace information regarding the parents listed on the original birth certificate. Click on the link to find the form on the Texas Department of State Health Services website.

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Military

Military Affidavit

This form is used as proof to the court that a custodial or noncustodial parent is in the military.

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Paying or Receiving Child Support

Arrears Payment Incentive Program

This form is used by a delinquent noncustodial parent to reduce amounts owed to the State of  Texas.

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Direct Deposit Authorization Form (1TAC 55.803)

This form is used to set up direct deposit for child support payments.

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Request for Warrant Cancellation

This form is used to stop payment on a warrant (check) that has been lost or damaged.

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Child Support Review Questionnaire

This form provides the Child Support Division information about a custodial or noncustodial parent when a case review is requested.

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Custodial Parent’s Certification of Direct Payments

This form is used to document child and medical support payments made directly to a custodial parent by a noncustodial parent (in any form).

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Noncustodial Parent’s Certification of Direct Payments

This form is used to document child and medical support payments a noncustodial parent makes directly to the custodial parent (in any form).

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Safety

Request for Nondisclosure

This form is used to report a parent’s safety concerns on a child support case and request the Child Support Division not disclose any identifying information to the other parent.

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Child Support Administrative Review

Request for Administrative Review (1 TAC 55.101(f)(2))

This form is completed by a noncustodial parent to contest a claim of past-due child support and request a review of their case.

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Administrative Review - Distribution of Child Support Payments (1 TAC 55.141(e))

This form is used by a custodial parent, who is a current or former Temporary Assistance for Needy Families (TANF) recipient, to request an Administrative Review hearing to resolve disputed issues concerning distribution of payments.

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Child Support Enforcement

Notice of Application for Judicial Writ of Withholding (1 TAC 55.111)

This form is used to notify an employer to withhold wages from a noncustodial parent when they have past-due child support.

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Motion to Stay (1 TAC 55.112)

This form is used by noncustodial parents to contest a Judicial Writ of Withholding.

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Employer's Motion for Hearing on Applicability of Income Withholding for Support (1 TAC 55.115)

This form is used by an employer to request judicial determination about an employee’s wage withholding.

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Notice of Administrative Writ of Withholding - (1 TAC 55.116(a))

This form is sent to the noncustodial parent by the Child Support Division to inform them that withholding has begun and to provide information on how they can contest the withholding. 

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Request for Issuance of Income Withholding for Support (1 TAC 55 .117)

This form is used to request the issuance of income withholding for support.

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Federally Mandated Income Withholding for Support (IWO) (1 TAC 55.118(b))

This form is used to notify an employer of a specified amount of child support to be paid by withholding income from an employee's paycheck. This form (provided by the Office of Child Support Enforcement OCSE) is used to notify an employer of a specified amount of child support to be paid by withholding income from an employee's paycheck. This form is federally mandated for use in IV-D and non IV-D cases. (OMB 0970-0154)

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Notice of Lien (1 TAC 55.

This form serves notice that a custodial parent has placed a lien on a noncustodial parent’s property for unpaid child support. The lien shows a right to keep possession of property belonging to the noncustodial parent until they pay their owed child support.

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Release of Child Support Lien (1 TAC 55.119(b))

This form is used to lift the lien on a noncustodial parent’s property after they have paid their owed child support.

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Partial Release of Child Support Lien (1 TAC 55.119(c))

This form is used by a custodial parent to lift the lien only on the specific property of the noncustodial parent, as listed on the form. It does not prevent action to collect from other property owned by the noncustodial parent.

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Record of Support Order(1 TAC 55.121)

This form is used by counties to provide the record of support data needed by the state case registry.

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Record of Support Order with Application (1 TAC 55.

This form is used by counties to provide the record of support order data needed by the state case registry. Effective September 1, 2021, this form must be used by the following counties that participate in the Integrated Child Support System: Bexar, Cameron, Dallas, Ector, El Paso, Gregg, Harris, Harrison, Hidalgo, Lubbock, Midland, Panola, Smith, Tarrant, Taylor, Travis, Webb, and Wichita.

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License Suspension

Administrative Notice of Filing of Petition to Suspend License (1 TAC 55.203(a))

This form notifies a noncustodial parent who owes past due child support that an action to suspend their driver’s license has been filed.

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Notice of Filing of Petition to Suspend License (1 TAC 55.203(f))

This form is sent to a noncustodial parent alerting them that an action to suspend their license has been filed.

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Administrative Petition to Suspend License (1 TAC 55.203(b))

This form is used to outline a noncustodial parent’s court-ordered child support repayment schedule that must be followed before their license is reinstated.

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Petition to Suspend License (1 TAC 55.203(f))

This form shows a noncustodial parent’s court-ordered child support repayment schedule that must be followed before their license is reinstated.

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Notice of Filing of Petition to Suspend License (1 TAC 55.203(f))

This form is sent to a noncustodial parent alerting them that an action to suspend their license has been filed.

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Request for Hearing (1 TAC 55.203(c))

This form is used by a noncustodial parent to request a hearing to contest a petition to suspend their license.

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Notification to Licensing Authority Order Suspending License (1 TAC 55.203(d))

This form is sent by the Office of the Attorney General to the licensing authority to request action is taken to suspend a noncustodial parent’s license.

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Notification to Licensing Authority Order Vacating or Staying Suspension of License (1 TAC 55.

This form is sent by the Office of the Attorney General to the licensing authority to notify them that a noncustodial parent’s license may be reinstated.

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Medical Support

National Medical Support Notice (1TAC 55.120(a))

This form notifies an employee that they are obligated by a court or administrative child support order to provide health care coverage for the child identified.

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Request for Review of National Medical Support Notice (1 TAC 55.120(b))

This form is used by an employee to contest withholding based upon a mistake of fact.

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Termination of National Medical Support Notice (1 TAC 55.120(c))

This form notifies employers when there is no longer a judicially or administratively ordered obligation for an employee to provide health care coverage for the listed child(ren).

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State Directory of New Hires

Texas Employer New Hire Reporting (1 TAC 55.

This form is used by employers to report the details of newly hired employees.

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Release of Information

Authorization for Release of Information (1 TAC 55.803)

This form is used to authorize another party to receive information about your child support case or payments on your behalf.

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Revocation of Authorization for Release of Information (1 TAC 55.803)

This form is used to revoke an existing authorization to release information and/or child support payments to another party.

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Access and Visitation | Office of the Attorney General

Federal regulations do not allow the Office of the Attorney General to use child support funding to modify or enforce custody or visitation orders. However, the OAG does receive special funding to provide access and visitation services through local organizations.

The Office of the Attorney General’s Access & Visitation program is designed to help noncustodial parents establish and maintain active parental relationships with their children. This service is funded in part through the Federal Parental Access and Visitation (AV) Grant Program.

Currently, the program funds several programs located throughout the state of Texas that provide parenting time assistance to noncustodial parents, custodial parents and their families. The services provided under these contracts include early intervention, co-parenting education, mediation, development of parenting plans and visitation enforcement. including monitoring, supervised visitation and neutral exchange.

The Texas Access and Visitation Hotline is the only service of its kind in the nation that provides noncustodial and custodial parents with free phone access to parenting time specialists who provide legal information related to child custody and visitation issues, as well as paternity and child support information.

The toll-free number 866-292-4636 is answered in English and Spanish, Monday - Friday, 1-5 p.m. The Hotline has a corresponding website, www.txaccess.org, where parents can download sample materials and tools for assistance with child access issues. Additional brief legal coaching or self-help assistance may be available to eligible Hotline callers.

The Access and Visitation Directory is an online collection of helpful community services for families who are parenting together but living apart. The directory includes local providers for services including mediation, co-parenting education, counseling, supervised visitation and development of parenting plans. 

You can search the directory by services offered or search by location using our interactive map.

View the Access and Visitation Directory

The service providers in the directory are not endorsed by the Office of the Attorney General. The list is for informational purposes only. If you are interested in services or providers listed in the directory, you should determine for yourself if they are a good fit for your family’s needs.

Parents establishing child support orders or seeking Access and Visitation services receive a My Sticker Calendar: A Kid's Guide to Shared Family Time.

Learn more about the My Sticker Calendar

Memo to guardians, custodians, foster parents on collecting alimony for the maintenance of wards

I. Sequence of actions.

1) According to Art. 60 of the Family Code of the Russian Federation, the child has the right to receive maintenance from his parents. In the event that parents do not provide maintenance for their minor children, funds for the maintenance of minor children (alimony) are collected from the parents in a judicial proceeding. In accordance with Art. 148 of the Family Code, children under guardianship (guardianship) are entitled to the alimony due to them. nine0007 It should be borne in mind that, by virtue of Art. 71 and 74 of the Family Code of the Russian Federation, deprivation of parental rights or restriction of parental rights does not relieve parents from the obligation to support their child.
Art. 145 of the Family Code of the Russian Federation regulates that guardianship or guardianship is established over children left without parental care for the purpose of their maintenance, upbringing and education, as well as to protect their rights and interests.
Thus, in order to protect the property rights of minors, the guardian (custodian), as the legal representative of the child, is obliged to control the fulfillment by parents of the obligation to pay child support. Therefore, if at the time of the establishment of guardianship (trusteeship) alimony from the parents of the ward child was not collected and paid on a voluntary basis, then the guardian (custodian) must file an application with the court for the recovery of alimony. This category of cases is considered by magistrates both at the place of residence of the guardian (custodian) and at the place of residence of the parents (one of them). nine0005

2) In accordance with art. 33 of the FEDERAL LAW dated 02.10.2007 N 229-ФЗ "ON EXECUTIVE PROCEEDINGS" enforcement actions are performed by a bailiff at the place of residence, place of residence of the debtor.
The recoverer is a citizen in whose favor or in the interests of which a writ of execution has been issued. The debtor is a citizen who is obliged by an executive document to pay alimony.
Thus, the original writ of execution for the recovery of alimony is submitted by the recoverer to the department of the bailiff service at the place of residence (at the place of stay) of the debtor, or at the last known place of residence of the debtor,
In accordance with Art. 429 of the Civil Procedure Code of the Russian Federation for each court decision, only one writ of execution is issued. In order to prevent the loss of the writ of execution, you must first make a copy and mark the bailiff service on the acceptance of the writ of execution directly on its copy. It is also necessary to write an application with a request to initiate enforcement proceedings and attach to it a copy of the savings book opened in the name of the child.

3) In accordance with Art. 84 of the Family Code of the Russian Federation for children left without parental care, alimony is paid to the guardian (custodian) of the children or their adoptive parents.
Thus, if guardianship is appointed after the issuance of a writ of execution on the recovery of alimony from parents deprived of parental rights, then in accordance with Art. 44, 203 of the Civil Procedure Code of the Russian Federation, it is necessary to apply for a change in the procedure and method for executing a court decision. This application is submitted to the court that issued the decision on the recovery of alimony. The court issues a ruling on the replacement of the recoverer, which is sent to the parties in the case. This determination must be submitted to the department of the bailiff service, in whose production enforcement proceedings have been initiated. nine0005

4) After submitting the application and the original of the writ of execution to the bailiff service, the bailiff initiates enforcement proceedings, about which a “Decree on the initiation of enforcement proceedings” is issued, which is sent to the parties ..

5) You need to know that in accordance from Art. 50 of the FEDERAL LAW dated 02.10.2007 N 229-FZ "ON EXECUTIVE PROCEEDINGS", the parties to enforcement proceedings have the right to familiarize themselves with the materials of enforcement proceedings, make extracts from them, make copies of them, submit additional materials, file petitions, participate in enforcement actions, give verbal and written explanations in the process of performing enforcement actions, give their arguments on all issues arising in the course of enforcement proceedings, object to the petitions and arguments of other persons participating in enforcement proceedings, file challenges, appeal against the decisions of the bailiff, his actions (inaction ). nine0005

6) At the request of the party in the enforcement proceedings, the bailiff issues a ruling on the calculation of alimony arrears. As necessary, in accordance with the plan for the protection of the rights of the child, a copy of the resolution on the calculation of arrears of alimony must be submitted to the personal file of the ward

II. Alimony has not been received for a long time - what to do?

In accordance with the legislation of the Russian Federation, the main task of bailiffs is the enforcement of a court decision that has entered into legal force. In order to implement the above task, the bailiff requests from the tax inspectorate, the pension fund and other organizations information about the debtor's earnings and other income, bank accounts or property that can be foreclosed. Thus, if alimony is not received on the child’s account for a long time, this means that the bailiff cannot find the debtor, or his income or property, which can be foreclosed. nine0007 In this case, the law provides for certain opportunities for the bailiff, however, as a rule, these actions are performed by the bailiff only at the request of the claimant.

1) If the bailiff cannot find the debtor (the debtor does not live at the place of residence or at the place of the last known place of residence).
In this case, the bailiff, on his own initiative or at the request of the recoverer, issues an order to search for the debtor, which is approved by the senior bailiff. nine0005

2) If the bailiff cannot find the income or property of the debtor.
If the bailiff cannot find the debtor's income or property that can be seized, this can only mean that the debtor is deliberately hiding from the obligation to pay alimony. In this case, the legislation of the Russian Federation provides for some restrictive measures, as well as the liability of the debtor for failure to comply with the court decision.
In accordance with Art. 67 of the FEDERAL LAW dated 02. 10.2007 N 229-FZ "ON EXECUTIVE PROCEEDINGS" if the debtor fails to fulfill the requirements for the recovery of alimony, the bailiff has the right, at the request of the recoverer or on his own initiative, to issue a decision on a temporary restriction on the debtor's departure from the Russian Federation. Thus, if the court decision on the recovery of alimony is not executed for a long time, and also if this decision is not executed in full (i.e. there is a debt in paying alimony), then it is necessary to write an application to the department of the judicial service bailiffs with a request to temporarily restrict the debtor's departure from the Russian Federation. nine0007 In addition, the legislation of the Russian Federation provides for criminal liability of debtors for malicious evasion from paying alimony.
Thus, in the event of a long-term (usually more than 6 months) non-payment of alimony for the maintenance of a ward child, the guardian (trustee) must submit an application to the bailiff service with a request to consider the issue of bringing the parent (parents) to criminal liability.

How to get guardianship of an adult

Guardianship is established to protect the rights and interests of citizens recognized by the court as incompetent. People who, due to a mental disorder, cannot understand the meaning of their actions or control them, are recognized as incompetent.

Guardianship is established over people who have been limited by the court in their legal capacity. Citizens who, due to a mental disorder, can understand the meaning of their actions, but in order to manage them, need help. Citizens who, due to addiction to alcohol, drugs or gambling, put their family in a difficult financial situation are also considered to have limited legal capacity. nine0005

Depending on the reason for the establishment of guardianship, guardians and curators are different Rights and duties of a guardian their actions or direct them. Also, the guardian must protect the rights and interests of the ward in relations with any persons, including in courts, without special authority. The guardian is the representative of his ward and makes all necessary transactions on his behalf and in his interests. nine0005

The guardian has the right, in the interests of the ward, to dispose of the funds paid for the maintenance of the incapacitated, that is, alimony, payments, pensions, and so on. The guardian has the right to dispose of income from the management of the property of the ward or his other means only with the consent of the guardianship authorities.