Terminating Child Support in Texas: When Can I Stop Paying?

Will Child Support Automatically at Age 18?

No, child support does not automatically stop when your child turns 18 in Texas. While the standard rule under Texas Family Code Section 154.001 requires support until a child turns 18 or graduates high school (whichever comes later), you must take legal action to formally end the payments. Without filing a motion to terminate, wage withholding will continue taking money from your paycheck.

Many Texas parents assume child support payments stop on their own once a child reaches adulthood. This is one of the most common misconceptions in family law. The reality is that court-ordered child support and income withholding require formal court action to end, even when the legal obligation has technically expired.

When Does Child Support End in Texas?

Texas law sets clear guidelines for when child support obligations terminate. Under Texas Family Code 154.001, parents must pay support until one of these conditions occurs:

• The child turns 18 or graduates from high school (whichever happens later)
• The child becomes legally emancipated
• The child dies

If your child is still in high school at 18, support typically continues until graduation (often no later than age 19). If the child graduates before turning 18, support usually runs until their 18th birthday.

What Are the Exceptions That Allow Early Termination of Child Support?

A child becomes legally emancipated before age 18 if they meet specific criteria. Emancipation means the child can manage their own affairs and is financially self-supporting. Under Texas law, early termination is allowed when a child:

• Gets married
• Joins the U.S. military
• Successfully petitions the court to be free of parental control (a judge issues an order granting the child the same rights as an adult)

In any of these situations, the court requires proof before terminating child support obligations. You cannot simply stop paying. You must file a petition to terminate child support with the court that issued the original order.

Can Child Support Be Extended Beyond Age 18?

Yes. If a child has a physical or mental disability that requires substantial care and supervision, and the disability existed before they turned 18, a Texas court can order parents to provide indefinite support. This is sometimes called “adult disabled child support” and can continue for the child’s entire lifetime.

The parent seeking extended support must prove the disability substantially limits the child’s ability to support themselves. Courts examine medical records, functional assessments, and expert testimony when making these determinations.

Does Child Support Terminate Automatically?

No. This is where many parents make costly mistakes. Child support is not automatically terminated when a child turns 18, graduates from high school, or qualifies for early emancipation. The termination must be done legally to stop income withholding.

To formally end child support, you or a family law attorney must file a Motion to Terminate Withholding for Child Support in the court that issued the original family court orders. A hearing will be scheduled where the judge reviews the petition. If everything is in order, the judge will sign an order terminating child support and instruct the employer or State Disbursement Unit (SDU) to stop taking payments.

Until this happens, wage garnishment continues regardless of your child’s age or circumstances. Talk to a family law attorney if you need help filing the proper paperwork to end child support payments.

Can I Terminate Child Support If I Owe Back Payments?

If you owe child support arrears, the court will likely require the arrears to be paid before signing an order terminating future support. Even when current child support obligations end, any unpaid back support remains a valid debt that can be collected through wage garnishment, tax refund intercepts, or other enforcement methods.

At a hearing, the judge reviews evidence of the arrears balance and may order a payment plan or require full payment before granting termination. In some cases, the court allows termination of current support while maintaining enforcement of the arrears balance separately.

Watch: What Happens When You Get Behind on Child Support in Texas?

What Happens to Child Support If Parents Get Back Together?

A Texas court may reduce child support during any period that parents live together if the parent who owes support is paying for household expenses and bills. However, simply moving back in together does not automatically end the support order.

If you reconcile with your co-parent and want to modify or terminate support, you must still petition the court. The judge will review the living situation and financial arrangements before making any changes to the existing order.

How to File a Motion to Terminate Child Support in Texas

The process to legally end child support involves several steps:

1. Gather documentation proving your child meets termination criteria (age verification, graduation records, or emancipation proof)
2. File a Motion to Terminate Withholding for Child Support in the court that issued the original order
3. Serve the other parent with notice of the motion
4. Attend the court hearing
5. Obtain the signed order from the judge
6. Provide the order to your employer and the SDU

An experienced family law attorney can handle this process efficiently and ensure no steps are missed. Missing deadlines or filing in the wrong court can delay termination and result in continued wage garnishment.

Frequently Asked Questions About Terminating Child Support

How long does it take to terminate child support in Texas?

The timeline varies by court, but most termination motions are resolved within 30 to 60 days after filing. Uncontested motions where both parents agree may be resolved faster, sometimes through submission without a hearing.

Can my ex stop me from terminating child support?

If you meet the legal criteria for termination (child is 18 and graduated, or emancipated), your ex cannot prevent termination. They may contest the motion, which requires a hearing, but the court will rule based on whether the legal requirements are met.

What if my employer keeps withholding after child support ends?

Provide your employer with a certified copy of the termination order. If withholding continues, you may need to contact the Texas Attorney General’s Child Support Division or file a motion with the court to enforce the termination order.

Do I get refunded if my employer took payments after my obligation ended?

Payments made after the support obligation ended are typically recoverable, but you may need court intervention. The recipient parent should return overpayments. If they refuse, your attorney can file a motion to recover the excess funds.

Can child support arrears be forgiven in Texas?

Past-due child support is rarely forgiven. However, if both parents agree, the receiving parent can sign an Agreed Order Waiving Child Support Arrears. Without mutual agreement, arrears remain a valid debt and can be collected indefinitely.

Get Help Terminating Child Support in Texas

If you have questions about terminating child support in Texas, or if you are ready to file a petition to terminate child support in Fort Worth or the surrounding counties, contact Varghese Summersett Family Law Group at 817-900-3220. Our experienced family law attorneys guide clients through the termination process efficiently, ensuring all legal requirements are met and wage withholding stops promptly.