Child Support

El Paso Child Support Attorney

A Family Law Firm Built for El Paso Families

A child support case rarely feels straightforward. Tensions run high, and it’s easy to feel overwhelmed before you even know where to start. The Law Office of Erica P. Rios walks you through the process step by step, helping you understand your options and make decisions that protect you and your child.

Many people entering a child support case don’t fully understand what their rights are or what they’re legally obligated to do. That uncertainty makes everything harder. A knowledgeable El Paso child support lawyer can explain your rights, clarify your responsibilities, and help you move forward with confidence rather than guesswork.


Are you going through a child support dispute? Call The Law Office of Erica P. Rios at (915) 255-3840 or contact us online to speak with our child support lawyer in El Paso!


How Does Child Support Work in Texas?

In Texas, the custodial parent (the primary caregiver) receives child support payments from the noncustodial parent. A parent’s obligation to pay is governed by what the court determines is in the best interests of the child. Even when parents share joint custody, support may still be required, because the calculation turns on net income and number of children, not the custody split alone.

What Factors Does the Court Consider When Determining Child Support?

The court weighs several factors when assessing the child’s best interests. These factors may include:

  • The child’s physical and emotional needs
  • Each parent’s plans for the child
  • The relationship between the parents (divorced or not)
  • The parenting skills and experience of both parents
  • Who serves as the child’s primary caregiver
  • The child’s preference (if age 12 or older)
  • Whether siblings are involved
  • Reports of child abuse

How Is Child Support Calculated in Texas?

Texas calculates child support under Texas Family Code § 154.125 using the noncustodial parent’s average monthly net resources. The process works in three steps:

  1. Identify which income sources count toward gross income. Excluded sources include unpaid accounts receivable, a new spouse’s income, and foster care payments.
  2. Calculate average monthly gross income by dividing annual gross income by 12.
  3. Subtract allowable deductions to arrive at net resources: federal income taxes, state income taxes, Social Security taxes, union dues, and the cost of health insurance for the child.

The guideline percentages applied to net resources are: 20% for one child, 25% for two children, 30% for three children, 35% for four children, and 40% for five or more children. Effective September 1, 2025, the statutory net resources cap is $11,700 per month. The percentage guidelines apply to the first $11,700 of monthly net resources; courts may order additional support above that amount if the child’s proven needs justify it. Courts may also deviate from the guidelines when doing so serves the child’s best interests, such as for special medical or educational needs. The Texas OAG offers an online calculator parents can use to estimate payments.

For help understanding how these calculations apply to your situation, reach out to our child support attorney in El Paso.

Child Support Resources & Local Insights for El Paso Families

El Paso families facing child support questions have access to meaningful local resources. The Child Support Division of the Texas Office of the Attorney General provides free services to help parents establish, modify, and enforce child support orders, including for El Paso County residents.

Many families here deal with job instability and fluctuating incomes that can make consistent support payments difficult. If your financial situation has changed significantly, you may have grounds to seek a modification of your child support order. Income withholding orders, which route payments directly through an employer’s payroll, are a standard enforcement tool in Texas. Our firm understands the economic realities El Paso families face and can advocate for a support arrangement that reflects your actual circumstances.

Paternity & Child Support for Unmarried Parents in El Paso

When parents aren’t married at the time of birth, the child has no legal father until paternity is established, and that determination must happen before a Texas court can enter a child support order. Once parentage is confirmed, both parents carry a legal obligation to support the child financially.

Texas law recognizes three ways to establish paternity: the father was married to the mother at the time of birth; the father signs an Acknowledgment of Paternity (AOP); or paternity is confirmed through a court proceeding. Either parent can initiate a paternity case, as can the Texas Office of the Attorney General on behalf of a child receiving public assistance.

The Law Office of Erica P. Rios handles child support cases involving unmarried parents, including those where paternity must be addressed first. If you’re unsure where your situation stands, an El Paso child support lawyer at our firm can walk you through what comes next.

How Long Does a Child Support Case Take in El Paso?

The timeline depends on the circumstances. Once the necessary forms are filed and a judge signs the order, implementation typically takes four to six weeks, in part because the employer’s payroll department must set up the withholding before payments begin. Our child support attorney in El Paso can guide you through each stage so you know what to expect and when.

When Does Child Support End in Texas?

Under Texas Family Code §§ 154.001 and 154.002, child support continues until the child turns 18 or graduates from high school, whichever occurs later. Support may end earlier if the child is legally emancipated, marries, joins the military, or obtains full-time employment. If a child has a disability that prevents self-support, obligations may continue indefinitely beyond age 18.

Get Help With Your Child Support Case in El Paso

The Law Office of Erica P. Rios represents El Paso families in child support matters with the focus that comes from practicing exclusively in family law. We work respectfully and efficiently with other attorneys and judges, and our goal is a resolution that works for you and your child. See what El Paso families say about working with us on our testimonials page.


Commonly Asked Questions

How can I modify an existing child support order in El Paso?

To modify an existing child support order, you must show a material and substantial change in circumstances since the original order was entered, such as a significant shift in income or a change in the child’s needs. Under Texas Family Code § 156.401, a review may also be available if three years have passed and the current monthly amount differs by 20 percent or $100 from what current guidelines would produce. The process involves filing a request with supporting documentation. An El Paso child support attorney can help you assess whether you qualify and present your case effectively to the court.

What are the consequences of failing to pay child support in Texas? 

Nonpayment of court-ordered child support carries serious consequences in Texas. The court can impose wage garnishment, intercept tax refunds, suspend driver’s or professional licenses, and place liens on property. Persistent nonpayment can also result in a contempt finding and jail time. If you’re struggling to meet your obligations, seek legal guidance before falling further behind, not after consequences have already begun.

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