To stop child support in Texas, you have to file a motion in the same court that issued your order, prove to a judge that the obligation has ended, and get a signed order telling your employer to stop withholding. Payments do not stop on their own, even after your child turns 18 or graduates. Until a judge signs that order and your employer receives it, the deductions keep coming out of your paycheck.
When the Obligation Actually Ends
Under Texas Family Code Section 154.001, support runs until the child turns 18 or graduates from high school, whichever is later. If your child is still enrolled in an accredited secondary school at 18, you keep paying. The order can specify payments through the end of the graduation month.1State of Texas. Texas Family Code Chapter 154 – Child Support The state does not track your child’s school calendar, so the graduation date is on you to document.
Several other events can end the obligation earlier:
- The child marries.
- A court formally removes the disabilities of minority (emancipation).
- The child enlists in the U.S. Armed Forces.
- You and the other parent marry or remarry each other.
- The child dies. Any unpaid balance up to that date remains collectible.
None of these stop wage withholding automatically. The withholding exists because a court ordered it, and only a new court order can end it.
Situations That Do Not End Support
If your child has a physical or mental disability that existed before age 18 and requires substantial care and personal supervision, a court can order support to continue indefinitely. There is no automatic cutoff at graduation or adulthood in those cases. Changing that order requires filing a motion to modify and presenting evidence to a judge.
Voluntarily terminating your parental rights also does not end support. Under Texas Family Code Section 161.206, termination of the parent-child relationship does not by itself erase your duty to pay. Support generally continues unless another person adopts the child and takes on that financial responsibility, and any arrears that built up before termination remain owed. Talk to a family law attorney before assuming this route will stop your payments.
What to Gather Before You File
Pull the identifiers from your original Suit Affecting the Parent-Child Relationship (SAPCR):
- The cause number and the court that issued the order.
- Social Security numbers for both parents and the child.
- Your current employer’s name, address, and payroll contact.
- A copy of the original order that set up the income withholding.
You will prepare two documents: a motion asking the court to terminate withholding, and a proposed order for the judge to sign directing your employer to stop. Forms are available through the District Clerk’s office in your county or through the Texas Attorney General’s website.2Justia. Texas Family Code Chapter 158 – Withholding From Earnings for Child Support Use names exactly as they appear in the original decree. Any mismatch slows processing.
Filing the Motion
File at the District Clerk’s office in the county where the original order was issued. Court costs for a motion within an existing SAPCR case can run up to $80, which is a local-option fee that some counties charge and others do not.3Texas Courts. District Court Civil Filing Fees Certified copies of the signed order run a few dollars per page.
You have to give the other parent legal notice. If they agree the obligation has ended, they can sign a Waiver of Service and you avoid paying for a process server. If they contest it, you will need to have them formally served, which generally costs between $40 and $100 depending on the county.
The Hearing
A judge must review the request before any wage withholding can stop. Bring documentation that matches your reason:
- Child turned 18 and is not in school: birth certificate, and if available, confirmation the child is not enrolled.
- High school graduation: certified copy of the diploma or a transcript showing the graduation date.
- Marriage: certified copy of the child’s marriage certificate.
- Military enlistment: enlistment documentation from the branch of service.
- Emancipation: certified copy of the court order removing the disabilities of minority.
Uncontested hearings are usually brief. The judge confirms the legal requirements are met and signs the order. If the other parent opposes termination, the judge hears both sides before deciding.
If You Owe Arrears
Even when the judge agrees your current obligation has ended, the court can keep wage withholding in place until any past-due balance is paid off. Expect the judge to set a payment schedule during the same hearing.
Arrears do not disappear when your child ages out. Texas charges 6 percent annual interest on unpaid child support arrears, and that interest keeps accruing until the balance is paid in full.4National Conference of State Legislatures. Interest on Child Support Arrears The state can continue withholding wages, intercept tax refunds, suspend your driver’s or professional licenses, or levy your bank account to collect. Address arrears as part of your termination filing. A judge-approved payment plan is usually better than waiting for enforcement.
After the Judge Signs
Get several certified copies from the clerk’s office. Deliver them to:
- Your employer’s payroll department. Your employer must stop deductions no later than the first pay period after receiving the order.5TexasLawHelp.org. Order to Employer to Terminate Withholding for Support
- The Texas Child Support State Disbursement Unit, so your account is not flagged for nonpayment once withholding stops.
Send a copy to the other parent as well, and keep one for your records. Every pay period that passes without notifying your employer is another deduction you will have to chase down.
If Your Employer Keeps Withholding
If deductions continue after your obligation has ended, Texas law may allow you to ask a court to order the other parent to return the excess. A judge can review your payment history and order reimbursement if you have already satisfied your full obligation. Filing the termination motion as soon as you are eligible is the simplest way to avoid getting into that situation at all.