Who is responsible for paying child support in Texas?

Generally, the non-custodial parent—legally referred to as the obligor—is ordered to pay child support to the custodial parent—or obligee—to contribute toward the child’s day-to-day living expenses.

When is child support required?

Support is mandatory whenever parents are separated and one parent has primary custody, regardless of whether the parents were ever married, as outlined in the Texas Family Code § 154.001.

Can child support be modified after a divorce?

Yes. A support order may be modified if there is a material and substantial change in circumstances, or if it’s been three years since the last order and the new calculation would differ by $100 or 20%, per Texas Family Code § 156.401.

What happens if the obligor fails to pay child support?

Texas courts aggressively enforce child support payments. If an obligor fails to pay child support, consequences can include wage garnishment, license suspension, property liens, and contempt proceedings, which can result in jail time in extreme cases. Recovery of arrears (unpaid child support) may also include interest and attorney’s fees.

Is legal representation necessary for modifying support?

While self-representation is legally permissible, retaining a board-certified family law attorney significantly increases the likelihood of a successful outcome and helps ensure procedural compliance, especially in contested or complex cases.

Austin Legal Separation Attorney

While many couples in Texas want to live separately without ending their marriage, legal separation can be a confusing topic—especially since Texas does not recognize legal separation as a formal legal status. But that doesn’t mean you’re without options.

Whether you’re navigating marital difficulties, preserving religious values, or protecting your financial interests, there are strategic legal tools available that serve the same purpose as legal separation in other states. Working with an experienced Austin legal separation attorney can help you create enforceable agreements that offer clarity, protection, and peace of mind—without filing for divorce.

If you’re seeking time apart, facing parenting concerns, or looking to safeguard your assets, speak with a knowledgeable legal separation lawyer today. The Law Office of Ben Carrasco provides trusted guidance for couples exploring separation alternatives under Texas law.

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Contact The Law Office Of Ben Carrasco, PLLC

We live by our commitment to zealous advocacy and are passionate about your case. Whether you need assistance with a high-conflict divorce or a custody modification, our smart and responsive approach is designed to yield a positive outcome for you. Don’t hesitate to reach out.

Why Consider a Legal Separation?

There are many personal, financial, and legal reasons why couples may seek a separation without immediately filing for divorce. While Texas doesn’t formally recognize legal separation, many couples still pursue alternatives that allow them to live apart while remaining legally married.

Here are some of the most common reasons couples choose this path:

Religious beliefs:

Some faiths discourage or prohibit divorce, so couples may live separately while preserving the marriage on paper.

Health insurance and tax considerations:

Staying married may preserve benefits such as employer-sponsored health coverage or a favorable tax filing status.

Time to evaluate the marriage:

Separation gives couples space to reflect, attend counseling, or make decisions without the finality of divorce.

Financial or parenting concerns:

Some couples use this time to address financial planning, parenting schedules, or future living arrangements.

By staying legally married while living separately, you can maintain key protections while building a clear framework for your future. However, doing so without legal guidance can create more risks than solutions.

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Legal Options for Separation in Texas

Even though Texas courts don’t recognize legal separation as a formal status, there are several legally enforceable ways to structure your separation and protect your interests. Below are five common options couples use.

1. Informal Separation

This is when spouses choose to live apart without any formal legal agreement. While it may seem simple, it comes with limitations:

No division of property or debt: All property acquired remains community property unless otherwise agreed.
No legal boundaries or enforceability: Either party can modify the terms at any time without incurring any legal consequences.
High risk for misunderstandings: Informal agreements can lead to disputes later on, especially if one party later files for divorce.

Informal separation may be a temporary option, but it should be treated with caution.

2. Contractual Separation Agreements

A contractual separation agreement is a written contract—similar to a postnuptial agreement—that outlines terms for living separately. It can include:

Division of assets and debts
Temporary spousal support arrangements
Child-related agreements (if combined with other filings)

These agreements are enforceable under Texas contract law but are not reviewed or approved by the family court. For this reason, the contract must be carefully drafted by an experienced legal separation attorney to ensure clarity and enforceability.

A well-drafted separation agreement can provide structure, minimize conflict, and protect each spouse’s financial and parental interests during the period of separation.

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3. Partition and Exchange Agreements

Under Texas Family Code § 4.102, spouses have the legal right to convert community property into separate property—and vice versa—by executing a valid Partition and Exchange Agreement. These agreements serve as contractual tools to define and allocate ownership interests in property acquired during the marriage, providing a high degree of control over how assets and liabilities are classified.

These agreements are typically used to:

Separate ownership of bank accounts, real estate, and other assets
Clarify who is responsible for debts or financial obligations
Prevent future disputes if a divorce occurs later

Once signed and recorded through the appropriate legal channels, these agreements carry legal weight and can deliver significant legal and financial advantages.

4. SAPCR (Suit Affecting the Parent-Child Relationship)

If you and your spouse have children, a Suit Affecting the Parent-Child Relationship (SAPCR) allows you to legally define custody, visitation, child support, and decision-making responsibilities—even if you’re not filing for divorce.

A SAPCR is a legal action used to establish and enforce parental rights and responsibilities outside of or in addition to divorce proceedings. Governed by Subchapter B of the Texas Family Code (§§ 102.001 et seq.), a SAPCR allows parents—or certain non-parents—to obtain court orders governing conservatorship (custody), possession and access (visitation), child support, and parental decision-making authority.

This option is especially useful during separations where child-related disputes are likely to arise. A SAPCR can give structure and legal enforceability to your parenting plan during the separation period. It is often filed in conjunction with other legal actions to ensure the children’s best interests are protected.

5. Temporary Orders in Family Court

If you’re contemplating divorce but not ready to file, temporary orders provide short-term legal protections and clear guidelines during a separation.

Temporary orders can:

Specify who lives in the marital home
Define parenting time and responsibilities
Prevent either spouse from disposing of property
Provide temporary financial support

Though usually issued during divorce proceedings, temporary orders can be used pre-divorce if one spouse files a petition for orders affecting the family. Working with a knowledgeable Austin legal separation attorney can help you determine whether this is the right step based on your unique circumstances.

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Risks of Staying Married Without Legal Safeguards

Choosing to live apart without any legal agreements can lead to serious unintended consequences, including:

Financial liability: Spouses are still jointly responsible for debts incurred during the separation.

Complicated future divorce proceedings: If assets or child arrangements aren’t documented, disputes are more likely.

Jeopardization of parental rights: Without court orders, custody arrangements are not enforceable.

If you’re living separately or planning to do so, it’s critical to consult a legal separation attorney to protect your finances, parenting rights, and future legal position. As an experienced Austin divorce lawyer, Ben Carrasco will guide you through your options.

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How an Austin Divorce Attorney Can Help

Because Texas doesn’t offer formal legal separation, a skilled attorney must use multiple legal tools to help you achieve your goals while staying married. The Law Office of Ben Carrasco provides personalized strategies for:

Drafting and reviewing contractual separation agreements
Protecting your parental rights with SAPCRs or temporary orders
Safeguarding your financial interests through partition agreements
Helping you avoid legal risks associated with informal separation

When your marriage is in transition, having legal guidance can make all the difference in ensuring fairness, stability, and long-term clarity.

Ben’s deep understanding of Texas family law allows him to customize your separation strategy to your specific needs—whether that includes staying married, pursuing future divorce, or simply protecting your children during a time of uncertainty.

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Frequently Asked Questions

Can I file for legal separation in Texas?

No. Texas does not legally recognize separation in the same way that some other states do. However, you can use alternative legal tools—such as contracts, SAPCRs, and temporary orders—to structure a separation that functions similarly in practice.

Is a separation agreement enforceable in Texas?

Yes, but only under contract law. A properly drafted contractual separation agreement can outline terms for property, finances, and spousal responsibilities. However, it is not reviewed or enforced by family courts unless it’s tied to another legal filing.

What happens to our property during separation?

Unless you create a formal partition and exchange agreement, all property acquired during the separation remains community property under Texas law. This means it could be divided equally in the event of a divorce later on.

Do I need a lawyer for an informal separation?

While you’re not legally required to have a lawyer, it’s highly recommended. Informal separations without legal safeguards often lead to misunderstandings, disputes, or financial consequences. An experienced legal separation attorney can help you avoid these pitfalls and ensure your rights are protected.

Why Choose Ben Carrasco as Your Austin Legal Separation Attorney

When you’re navigating the gray area between marriage and divorce in Texas, experience matters. Ben Carrasco is a respected Austin legal separation attorney who regularly handles complex family law and divorce matters. His approach is built on:

Deep legal knowledge of Texas family law
Strategic use of contracts, orders, and parenting plans
Strong negotiation skills to protect your rights
Personalized, client-first communication

Whether you’re hoping to reconcile, co-parent peacefully, or prepare for divorce, Ben will work closely with you to build a legally sound and emotionally supportive path forward.

Clients appreciate Ben’s honesty, legal insight, and commitment to achieving practical solutions—even in high-conflict or sensitive situations. From financial protection to child custody, your future deserves experienced legal care.

Speak with an Experienced Austin Legal Separation Attorney Today

You don’t have to face separation alone. Whether you’re seeking clarity in your relationship, legal protections for your children, or a safe plan for moving forward, The Law Office of Ben Carrasco can help.

With extensive experience in Texas family law and a deep understanding of how to structure informal separations, Ben offers clients tailored advice and compassionate guidance through uncertain times.

Schedule a confidential consultation today with an Austin legal separation attorney who understands the complexity of your situation and is ready to help you find peace, protection, and a clear path forward.

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