In Texas, an affidavit of direct payment is the sworn form you file to get official credit for child support money that passed directly between parents instead of going through the State Disbursement Unit. The Office of the Attorney General publishes two versions of it, one for the parent who received the money and one for the parent who paid it, and the form you choose changes what happens next. Without this affidavit on file, the state’s records show no payment at all, even if every dollar actually changed hands.
What the Affidavit Does
Texas Family Code Section 154.004 directs courts to order child support through the State Disbursement Unit. The only carve-out is for support orders originally entered before January 1, 1994, that aren’t being enforced by the OAG’s Title IV-D agency.1State of Texas. Texas Constitution and Statutes. Texas Family Code – Section 154.004 Payments that go through the SDU are logged and credited automatically. Anything paid outside that channel — cash at a handoff, a Venmo transfer, a personal check — leaves no trace in the state’s system.
The affidavit closes that gap. It creates a notarized, sworn record that a specific payment or set of payments was made directly, so the OAG can credit the paying parent’s account and the state stops treating those months as unpaid.
Which Version You Need
The OAG publishes two separate forms, and the difference matters.
Custodial Parent’s Affidavit
The custodial parent’s version is signed by the parent who received the money. By signing, that parent certifies under oath that the listed payments came directly from the non-custodial parent and were not processed through the county registry or the SDU.2Texas Office of the Attorney General. Affidavit of Direct Payment It also authorizes the OAG to share the affidavit with the non-custodial parent and file it with the court. This version carries the most weight, because the person confirming the payments is the person who received them.
If you’re on TANF or Medicaid and the OAG asks you to complete this form, take the request seriously. The form warns that failing to complete and return it counts as noncooperation and can result in TANF cash benefits being cut off for the entire family or the custodial parent losing Medicaid coverage.2Texas Office of the Attorney General. Affidavit of Direct Payment
Non-Custodial Parent’s Affidavit
The non-custodial parent’s version lets the paying parent list payments they claim to have made. Filing it doesn’t settle anything on its own. The form states that no credit will be applied until the custodial parent agrees to the claimed payments or a court approves them.3Texas Office of the Attorney General. Non-Custodial Parent’s Affidavit of Direct Payments If the other parent disputes any entry, the question moves to a court hearing.
That’s why your own supporting evidence matters as much as the form itself. Bank statements, canceled checks, Venmo or Zelle receipts, and text messages confirming receipt all become important if the other parent contests what you listed.
What Goes on the Form
Both versions ask for the same core information:
- Full legal names of the custodial and non-custodial parents.
- The cause number from your child support case, which appears on your court order.3Texas Office of the Attorney General. Non-Custodial Parent’s Affidavit of Direct Payments
- Each payment date paired with the exact dollar amount, entered in the blank rows at the bottom of the form.2Texas Office of the Attorney General. Affidavit of Direct Payment
The affidavit covers child support, medical support, and dental support paid directly to the other parent in any form, including cash, checks, military allotments, trust funds, or escrow accounts. It should not include anything that already went through the county registry or the SDU.4Texas Office of the Attorney General. Affidavit of Direct Payment
Be exact. If the affidavit says $500 was paid on March 3 but the bank record shows a $475 transfer on March 5, that mismatch can delay processing or invite a challenge.
Getting It Notarized
The affidavit has no legal effect until a notary public witnesses your signature. Don’t sign it in advance. The form directs you to wait until you’re in front of the notary and they tell you to sign.2Texas Office of the Attorney General. Affidavit of Direct Payment The notary verifies your identity and confirms you’re swearing to the statements voluntarily.
Under Texas Government Code Section 406.024, a notary may charge up to $10 for administering an oath or affirmation with a certificate and seal, plus up to $1 for each additional signature. Online notarization is available too, though the fee can reach $25 on top of the standard charge.5Office of the Texas Secretary of State. Notary Public Educational Information Most banks, UPS stores, and shipping centers offer in-person notary services at or below the statutory cap.
Where to File It
Where the affidavit goes depends on whether the OAG is handling your case.
If the OAG is managing your child support case, return the notarized affidavit directly to the OAG. The form tells you to send it back either by mail using the prepaid envelope provided or in person.2Texas Office of the Attorney General. Affidavit of Direct Payment The OAG then discloses the affidavit to the other parent and files it with the court on your behalf. This is the step that most online guides get wrong; you don’t take it to the District Clerk yourself.
If the OAG isn’t involved and enforcement is a private matter between the parents, file the affidavit with the District Clerk in the county where the child support order was issued. Texas courts accept electronic filings through the eFileTexas system, which is mandatory for attorneys and open to self-represented filers as well.6eFileTexas.Gov. Official E-Filing System for Texas You can also hand-deliver or mail the document to the clerk’s physical office.
Either way, keep a copy, and keep proof of the date you submitted it.
If the Other Parent Disputes the Payments
When a non-custodial parent files an affidavit listing payments the custodial parent doesn’t confirm, the dispute goes to court. Under Texas Family Code Section 157.263, a court confirming child support arrearages cannot reduce the amount owed but may allow a counterclaim or offset.7State of Texas. Texas Family Code Section 157-263 – Confirmation of Arrearages That offset is where your evidence of direct payments does the work.
A sworn affidavit alone usually isn’t enough at a contested hearing. Judges look for corroborating records: bank statements, cashed checks, timestamped payment app receipts, or messages where the other parent acknowledged receiving money. The affidavit opens the door. The documentation is what actually gets the credit posted.
What Happens If You Skip the Affidavit
Undocumented direct payments pile up as arrears on the state’s books, and those phantom arrears carry real consequences.
License Suspension
Texas courts and the Title IV-D agency can suspend a parent’s driver’s license, professional license, or recreational license once overdue child support equals or exceeds three months of the ordered amount. The parent must first have been offered a chance to set up a repayment plan and failed to follow through.8State of Texas. Texas Family Code FAM 232-003 If your payments were actually made but never recorded, you could face a suspension over a debt that doesn’t really exist.
Passport Denial
Federal law blocks passport issuance when a parent owes more than $2,500 in child support arrears, and the State Department can also revoke or restrict an existing passport at that same threshold.9Office of the Law Revision Counsel. 42 USC 652 – Duties of Secretary A few months of unrecorded direct payments can push a parent past that threshold.
Tax Refund Offset
The Treasury Offset Program matches parents who owe delinquent child support with federal payments, including tax refunds. When there’s a match, the government withholds part or all of the refund to cover the reported arrears.10Bureau of the Fiscal Service. Treasury Offset Program Reclaiming an intercepted refund means proving the payments were made, which is exactly what the affidavit was supposed to do in the first place.
Credit Reporting
Child support delinquencies can be reported to national credit bureaus, and the negative mark can stay on a credit report for up to seven years even after the balance is resolved. On-time payments don’t get reported at all. That asymmetry is why documenting direct payments as they happen matters more than most parents realize.
A Note on Taxes
How child support is paid doesn’t change how it’s taxed. Child support is not taxable income for the parent who receives it and is not deductible for the parent who pays it, regardless of whether the money moves through the SDU, by check, by cash, or through a payment app.11Internal Revenue Service. Alimony, Child Support, Court Awards, Damages Neither parent reports child support on a federal tax return. The tax consequence of undocumented direct payments comes through a different door: when the Treasury Offset Program seizes a refund over arrears you don’t actually owe, and you have to reconstruct old payments to get the money back.