If you received a letter from the Texas Office of the Attorney General (OAG) Child Support Division, you may be asked to come to an appointment, sign an agreed order, take a DNA test or appear in court. These cases move quickly, and what you sign or say can set your child support, your medical support and even your visitation schedule for years. Attorney Jesus R. Lopez represents both mothers and fathers in OAG child support cases in San Marcos and throughout Hays County.
The most important thing to know: the Attorney General's lawyers represent the State of Texas, not you and not the other parent. They can't give either parent legal advice. You have the right to your own lawyer at the conference and at the court hearing.
How an Attorney General child support case works
The OAG is the state's child support agency. It opens a case when a parent applies for services, when a parent or child receives certain public benefits such as Medicaid, or when another state asks Texas to help. A case usually follows one of two paths.
1. The Child Support Review Process (office conference)
Many cases start at the local OAG child support office with a negotiation conference under the Child Support Review Process. A child support officer reviews income information from both parents and proposes an order. The conference may be held in person, by phone or by video. If both parents agree and sign, the agreed review order is filed with the court and becomes a court order when a judge signs it.
You don't have to sign a proposed order at the conference, but a parent who ignores the process can still end up with an order. The OAG child support office in San Marcos is at 250 S. Foxtail Run.
2. A court hearing (often called an "OAG court date")
If the parents don't agree, or the case needs a judge from the start (for example, to establish paternity or enforce unpaid support), the OAG files a case in court. On the hearing day, parents usually meet first with an OAG child support officer or assistant attorney general to try to reach an agreed order. If there's no agreement, the judge, often a child support associate judge, hears the case and decides.
What an OAG order can decide
- Paternity: whether a man is legally the father, often with genetic (DNA) testing
- Child support: usually set by the Texas guidelines. Estimate it with our child support calculator
- Medical and dental support: who provides health insurance or pays toward it
- Retroactive support: back support for time before the case was filed, which Texas law generally presumes reasonable for up to four years
- Custody and visitation: OAG orders often include conservatorship and a possession schedule, usually the Standard Possession Order. See our possession calendar
- Modification: raising or lowering support after a change in circumstances
- Enforcement: past-due support, interest, wage withholding, license suspension and contempt
Why parents hire their own lawyer for an OAG case
- Getting income right. Overtime, self-employment, a recent job loss, other children you support and the cost of the children's health insurance all affect the amount. Mistakes are hard to undo later.
- Visitation. If the proposed order includes custody and a schedule, make sure it's one you can live with. The OAG doesn't represent your interests on these terms.
- Retroactive support and arrears. A lawyer can raise reasons to limit back support and make sure payments you already made are credited.
- Paternity questions. If you aren't sure you're the father, don't sign an acknowledgment or agreed order before testing.
- Enforcement defenses. If you're facing contempt or license suspension, there may be defenses or payment plans to raise before the hearing.
- For the parent receiving support: a lawyer can push for the right income figures, medical support and a schedule that protects the children.
What to bring to an OAG appointment or hearing
- The letter or court papers you received, with your case number
- Your last several pay stubs and your most recent tax return and W-2 or 1099
- Proof of what you pay for the children's health and dental insurance
- Proof of child care costs and support you pay for other children
- Records of any payments you made directly to the other parent
- Any existing custody or support order
Don't ignore OAG letters or court dates
If you don't respond or don't appear, the court can enter a default order based on the information the OAG has, which may overestimate your income. If you've been served, call a lawyer before your court date. If you disagree with an associate judge's ruling, there's a short deadline to ask the referring judge for a new hearing, generally within a few working days, so act fast.
Related help
San Marcos child support lawyer · How child support is paid · Modifying and enforcing orders · Father's rights in Texas · Texas Attorney General Child Support Division
OAG child support FAQ
Does the Attorney General's lawyer represent me?
No. OAG attorneys represent the State of Texas, not either parent, even if you're the one who applied for services. You can hire your own lawyer to represent you.
Do I have to sign the agreed order at the OAG office?
No. You can decline to sign, ask questions, or talk to a lawyer first. If you don't agree, the case can go to court, where a judge decides.
Can an OAG case decide visitation?
Yes. Many OAG orders include conservatorship and a possession schedule, often the Standard Possession Order, along with child support and medical support.
Can I get back child support ordered for the past?
Yes. A court can order retroactive support for time before the case was filed. Texas law generally presumes up to four years is reasonable, with exceptions.
What if I can't pay the amount the OAG is asking for?
Bring proof of your actual income and expenses, and talk to a lawyer before agreeing. If your income has dropped since an order was entered, you may be able to ask for a modification. Don't just stop paying.