Over 12 million custodial parents in the U.S. live apart from their child’s other parent. In Texas, child support agreements are common in divorce and custody cases. However, for many non-custodial parents, the legal process can feel confusing and overwhelming.
They feel ignored or powerless in the legal system. However, the law offers protection and responsibility. Understanding both will help you stay informed and stay involved in your child’s life.
This guide breaks down the legal responsibilities and rights of non-custodial parents in Texas.
Your Legal Responsibilities as a Non-Custodial Parent
1. You Must Pay Court-Ordered Child Support
Texas courts use a fixed formula to set payment amounts. These are based on your monthly net income (after taxes) and the number of children involved.
Here’s a quick breakdown:
- 1 child = 20% of your income
- 2 children = 25%
- 3 children = 30%
- 4 children = 35%
- 5 or more = 40%
You must pay child support until your child turns 18 or finishes high school, whichever is later.
2. You Must Stay Current With Payments
Late payments can lead to serious consequences. These may include:
- Wage garnishment
- Suspension of driver’s or professional licenses
- Seizure of tax refunds
- Liens on bank accounts or property
- Negative credit reports
In some cases, failure to pay may even lead to jail time. If you’re behind or struggling, speak with a child support attorney right away. Don’t wait for enforcement action.
Your Legal Rights as a Non-Custodial Parent
1. You Have the Right to Visitation
Your right to see your child is protected; even if you’re behind on payments. Child support and visitation are separate legal issues. One doesn’t cancel out the other.
Texas typically uses a Standard Possession Order (SPO). This outlines time with your child, including:
- First, third, and fifth weekends
- Thursday evenings during the school year
- Alternating holidays
- Extended time in the summer
If this schedule doesn’t fit your needs, you can request a different one.
2. You Can Request a Child Support Modification
If your income drops by 20% or more, or if it’s been three years since the last court order, you may be eligible for a child support modification.
Common reasons for modification include:
- Job loss
- Major medical expenses
- Change in custody or number of children you support
Only the court can change your payment amount. An experienced child support lawyer in Houston can help you submit the request correctly.
3. You Have the Right to Enforce Visitation
If the other parent denies you court-ordered time with your child, you can take legal action. The court may:
- Order make-up visits
- Fine the custodial parent
- Adjust the custody agreement
It’s illegal for the other parent to withhold your child as a form of punishment or control.
Common Issues and How to Handle Them
1. “I Lost My Job and Can’t Pay Right Now”
File for a modification before you miss payments. The court can only change the amount going forward—it won’t erase past-due amounts. A child support attorney can speed up the process and protect your record.
2. “The Other Parent Won’t Let Me See My Child”
Document each incident and speak to a child support lawyer about enforcing the order. The court takes interference seriously.
3. “The Amount I Pay Feels Too High”
If your income has changed significantly since the original order, you may qualify for a reduction. But don’t just stop paying. You need a court-approved change.
When Should You Contact a Child Support Lawyer in Houston?
Speak to a child support attorney if:
- You’ve received a new support order
- You’re behind on payments
- You want to change your payment amount
- You’re being denied visitation
- You need to enforce or modify an existing court order
An experienced child support lawyer in Houston can guide you through each step with clear direction. They will also help you avoid costly mistakes or penalties.
Hire Experienced Child Support Lawyers From Daniel Ogbeide Law
If you’re a non-custodial parent in Houston and unsure about your child support obligations or visitation rights, you don’t have to face it alone. The legal responsibilities and rights of non-custodial parents can feel overwhelming, especially when trying to do what’s best for your child while protecting your own interests.
An experienced child support lawyer in Houston at Daniel Ogbeide Law can guide you through every step—whether you need help understanding your current order, seeking enforcement, or requesting a modification due to a change in circumstances. Schedule a consultation today to get honest answers, personalized guidance, and a clear path forward.