
Advertise on podcast: Law Office of Bryan Fagan PLLC Podcast
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This podcast has
484 episodes
Language
EnglishPublisher
Law Office of Bryan Fagan PLLCExplicit
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Date created
2025/07/02
Latest episode
2026/10/23
Average duration
20 min.
Release period
1 days
Description
Welcome to The Law Office of Bryan Fagan podcast— your trusted source for legal insight and support in Divorce, Family Law, Estate Planning, Criminal Defense, and Personal Injury. Our goal is simple: to empower you with knowledge and confidence when facing life’s toughest legal decisions. We publish clear, informative videos every week—covering everything from navigating a divorce to understanding wills, trusts, custody battles, CPS cases, and more. You’ll get expert guidance directly from attorneys who care. 📞 Need legal help? Call or text us at (281) 606-3374
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Check latest episodes from Law Office of Bryan Fagan PLLC Podcast podcast
Texas Adoption Requirements: What the Court Needs
2026/10/23
If you are a stepparent, grandparent, relative, or anyone preparing to grow your family through adoption, this episode of the Law Office of Bryan Fagan Podcast walks you through exactly what a Texas court will need before a judge signs your final adoption order. We start with the core requirements, including a properly filed petition for adoption, the required consents or termination orders, completed adoption evaluations and background checks, and evidence that the adoption serves the child's best interest, along with the general rule that the child must reside with you for six months before finalization unless the court waives it. We explain why a signed voluntary relinquishment affidavit does not end parental rights on its own and why a court must formally terminate those rights, either at a parent's request or on clear and convincing evidence of grounds such as endangerment or abandonment, and we cover the rule that a child 12 or older must generally consent to the adoption. You will learn what the adoption evaluation, often called a home study, involves under Texas Family Code Chapter 107, which background checks the court reviews, including DPS criminal history and abuse and neglect history for adopting adults, why many cases also require a health, social, educational, and genetic history report, and when a court may waive the evaluation in an uncontested stepparent adoption. We also break down the best interest factors judges weigh most heavily, what to expect at the final adoption hearing, and how contested rights, out-of-state placements requiring ICPC clearance, missing biological parents, and CPS involvement can add hearings and litigation. If you are preparing for a stepparent, relative, or other adoption, call the Law Office of Bryan Fagan, PLLC at 855-694-7803, available 24 hours a day, 7 days a week, or schedule your free consultation at https://www.bryanfagan.com/schedule/ to speak with our family law team.
Does Adoption End Child Support in Texas?
2026/10/22
If an adoption hearing is coming up or you have already signed consent or relinquishment papers, this episode of the Law Office of Bryan Fagan Podcast answers the question every parent in that situation asks: does adoption end child support in Texas, and can a biological parent still owe money after someone else adopts their child? We explain that under Texas Family Code Section 154.006, a finalized adoption is generally a termination event that ends the former parent's obligation to pay future child support, because under Section 162.017 the adoption order creates a new parent-child relationship and the adoptive parent takes on the duty of support going forward. We also explain why anticipating an adoption, filing a petition, or signing relinquishment papers does not pause your payments, and why you must keep paying under the existing order until the court signs a new one. We walk through the difference between a termination order under Chapter 161 and an adoption order under Chapter 162, and the rare circumstances under Section 154.001(a-1) in which a court can order a parent whose rights were terminated to keep paying support while a child is in substitute care with the Department of Family and Protective Services. We then turn to past-due support, including the Fourteenth Court of Appeals case In re W.J.S., in which a grandmother who adopted her grandchild was not foreclosed from pursuing support that accrued before the adoption, and we explain how missed payments become final judgments with interest under Chapter 157 that courts generally cannot reduce and can enforce for years. Finally, we cover the most common wage withholding mistakes, including stopping payments early or telling an employer to stop withholding, and the key records to verify before you change your budget. If a stepparent or relative adoption is affecting your child support, call the Law Office of Bryan Fagan, PLLC at 855-694-7803, available 24 hours a day, 7 days a week, or schedule your free consultation at https://www.bryanfagan.com/schedule/ to speak with our family law team.
Lower Child Support in Texas: When & How to Modify
2026/10/21
If your income has dropped or your financial circumstances have changed, this episode of the Law Office of Bryan Fagan Podcast walks you through exactly how to lower child support in Texas and what the law requires before any reduction takes effect. We start with the reality check every paying parent needs to hear: a pay cut, layoff, or period of unemployment does not automatically change an existing court order, and your current payment remains legally due every month until a new order is signed. From there we explain the two main paths to modification under the Texas Family Code, a material and substantial change in circumstances or the three-year rule, which applies when at least three years have passed since the order was rendered or last modified and the new guideline calculation differs by at least 20 percent or 100 dollars a month, along with the special rules for agreed orders that deviated from the guidelines. We cover the circumstances that may qualify, including involuntary job loss, a permanent reduction in hours, long-term disability, custody changes, reduced self-employment income, and incarceration of more than 180 consecutive days, and we explain why Texas courts look closely at intentional underemployment and earning capacity. You will learn the five-step process for requesting a reduction through the court or the Office of the Attorney General, how the new amount is calculated under Chapter 154 using your monthly net resources, including the 2025 update that raised the net resources cap to 11,700 dollars, and why lowering future support does not erase existing arrears or the interest that accrues on them. We finish with the most common mistakes parents make, from reducing payments without court approval to relying on informal text agreements and waiting too long to file, since a reduction generally applies only to support that comes due after the other parent is served. If your circumstances have changed, call the Law Office of Bryan Fagan, PLLC at 855-694-7803, available 24 hours a day, 7 days a week, or schedule your free consultation at https://www.bryanfagan.com/schedule/ to speak with our family law team.
Termination of Parental Rights Appeal in Texas (20 Days)
2026/10/21
When a Texas court signs an order terminating your parental rights, every day matters, and in this episode of the Law Office of Bryan Fagan Podcast we explain exactly how a termination of parental rights appeal works in Texas and what you need to do right now to protect your options. Final termination judgments can be appealed, but Texas treats these cases as accelerated appeals, which means your notice of appeal is generally due just 20 days after the judgment is signed under Texas Rule of Appellate Procedure 26.1, and unlike an ordinary civil case, filing a motion for new trial or other post-judgment motion does not extend that deadline. We walk through why an appeal is not a second trial but a careful review of the existing trial record, including the transcripts, exhibits, and pleadings, to determine whether the trial court made a legal error. We cover the legally recognized grounds for appeal, including insufficient evidence supporting a statutory ground or the child's best interest, improper evidentiary rulings, procedural and due process errors, and ineffective assistance of counsel, and we explain why most errors must have been preserved at trial through timely objections. You will also learn how appellate courts apply the clear and convincing evidence standard, why the Supreme Court of Texas held in In re N.G. that challenged endangerment findings must be reviewed because they can affect your rights to other children in the future, the five steps of the appellate process from notice of appeal through the court's decision, and the possible outcomes, including affirmance, reversal and rendition, reversal and remand for a new trial, and dismissal. If a court has terminated your parental rights, or you believe a deadline has already passed, do not wait, because a narrow extension window may still apply. Call the Law Office of Bryan Fagan, PLLC at 855-694-7803, available 24 hours a day, 7 days a week, or schedule your free consultation at https://www.bryanfagan.com/schedule/ to speak with our family law team about your case.
Parental Rights Termination Trial in Texas: What to Expect
2026/10/20
What happens during a termination of parental rights trial in Texas, and what must be proven before a parent permanently loses their rights? In this episode of the Law Office of Bryan Fagan podcast, we break down the mechanics of termination trials and the legal frameworks judges and juries use to make these life-altering decisions. Under Chapter 161 of the Texas Family Code, termination is an irreversible act that makes the parent a legal stranger to the child, ending visitation, access to medical information, and all contact, and it must be grounded in specific statutory failures rather than minor disagreements or a judge's personal feelings. We explain the two main paths these cases take: private termination suits, such as stepparent adoptions involving voluntary relinquishment or contested actions by family members, and involuntary proceedings initiated by Child Protective Services due to abuse, neglect, or safety concerns. We walk through the mandatory two-part test under Section 161.001(b), which requires proof of at least one statutory ground, such as abandonment, endangerment, or failure to comply with a court order, and a separate finding that termination is in the child's best interest, both by clear and convincing evidence, a standard that sits between the civil preponderance standard and the criminal beyond-a-reasonable-doubt standard. We then describe what happens at trial, from opening statements through witness and expert testimony by caseworkers, counselors, and family members, cross-examination, and closing arguments, and explain that parents have the right to request a jury trial. We also cover the evidence that matters most, including CPS reports, medical and school records, drug test results, and documentation of service plan compliance, along with the Holley v. Adams factors courts use to evaluate best interest, such as the child's desires, emotional and physical needs, potential danger, parenting abilities, home stability, and available assistance programs. We close with how parents can defend their rights by presenting contradictory evidence, cross-examining state witnesses, documenting positive involvement and service plan compliance, and preserving issues for appeal with the help of experienced counsel. To schedule a free consultation, visit https://www.bryanfagan.com/schedule/ or call 855-694-7803, and download our free Family Law eBook at https://www.bryanfagan.com/ebooks/family-law-ebook/. This episode is for general informational purposes and does not constitute legal advice. Laws discussed apply to the State of Texas.
Can Mediation Terminate Parental Rights in Texas?
2026/10/20
Can a mediated settlement agreement terminate parental rights in Texas, or does a judge still need to approve it before it becomes real? In this episode of the Law Office of Bryan Fagan podcast, we address a question that causes significant anxiety for parents leaving the mediation table after signing an agreement that says parental rights will end. The short answer is no: even when both parents willingly sign a mediation document expressly agreeing to termination, the legal parent-child relationship remains intact until a court enters a valid final termination order. We explain that while a mediated settlement agreement under Texas Family Code Section 153.0071 is a powerful, binding, and often irrevocable contract, it only sets negotiated terms, and the parent-child relationship cannot be contracted away in a private conference room. Using the analogy of a blueprint versus a building, we show how the agreement records what the parents want to happen, while the final termination order is the judicial act that actually severs the relationship. We then walk through Section 161.001, which requires clear and convincing evidence of a statutory ground such as abandonment, endangerment, or voluntary relinquishment, and why this high burden exists to protect fundamental constitutional rights. We also cover the strict formalities of voluntary relinquishment affidavits under Section 161.103, including the requirement to wait at least forty-eight hours after the child's birth, sign before two credible witnesses, and verify the affidavit before a person authorized to take oaths, as well as the rules on revocation and irrevocability. From there, we explain how judges independently evaluate the child's best interest using the Holley v. Adams factors, and discuss a Texas appellate case in which a father's request to terminate his rights by agreement, based on not wanting financial responsibility, was denied. We close with how courts scrutinize stepparent adoptions and CPS mediations, including reviewing reunification efforts, completion of court-ordered services, and permanency and adoption plans, rather than rubber-stamping agreed terms. To schedule a free consultation, visit https://www.bryanfagan.com/schedule/ or call 855-694-7803, and download our free Family Law eBook at https://www.bryanfagan.com/ebooks/family-law-ebook/. This episode is for general informational purposes and does not constitute legal advice. Laws discussed apply to the State of Texas.
Termination of Parental Rights for Adoption in Texas
2026/10/20
Do you have to terminate a biological parent's rights before adopting a child in Texas, and what happens if that parent refuses to consent? In this episode of the Law Office of Bryan Fagan podcast, we explain how the termination of parental rights serves as the necessary legal bridge to adoption and what Texas law requires to make a new family structure official. In most Texas adoptions, the existing legal parent's rights must be terminated before another person can adopt, though the specific requirements depend on the type of adoption, existing relationships, and certain statutory exceptions. We explain the distinction between termination under Chapter 161 of the Texas Family Code, which severs the legal parent-child relationship including custody, visitation, and future support duties, and adoption under Chapter 162, which creates a new, fully recognized parent-child relationship, along with how a termination suit can be joined with an adoption suit so both are resolved together. We then compare voluntary relinquishment through a sworn affidavit, which is common in stepparent and agency adoptions but does not end rights until a judge signs a final order, with contested termination, an adversarial lawsuit requiring proof of statutory grounds such as abandonment, endangerment, or failure to support by clear and convincing evidence. We walk through stepparent adoptions, where the spouse who is the child's parent joins the petition and keeps their rights while only the other parent's rights are terminated, and relative and grandparent adoptions, which require establishing standing under Chapter 102, such as proving actual care, control, and possession of the child for at least six months. We also explain that a parent's objection makes termination contested but does not automatically prevent adoption, and that courts will not terminate rights simply because another home is more financially comfortable. From there, we cover the best interest analysis using the Texas Supreme Court's Holley v. Adams factors, why judges must make two separate best interest findings when termination and
How to Get Child Support in Texas: Step-by-Step Guide
2026/10/20
How do you get child support in Texas, and what steps does it take to secure an enforceable court order? In this episode of the Law Office of Bryan Fagan podcast, we walk through the entire process, from eligibility to enforcement, for parents who are separating, were never married, or need to formalize an existing arrangement. We explain who can seek support, including married, divorced, and unmarried parents and other legally authorized caregivers such as grandparents with legal custody, and why child support and custody are separate legal issues in Texas, meaning a court may still order support in a 50/50 custody arrangement when one parent earns significantly more. We cover why legal parentage must be established before support can be ordered against an alleged father, either through a voluntary acknowledgment of paternity or genetic testing and court proceedings. We then compare the two main filing paths: the Texas Attorney General's Child Support Division, which offers free services but represents the State of Texas rather than either parent, and a private family law attorney, which involves a fee but often makes sense in cases involving hidden income, self-employment, paternity disputes, or a need for more control and a faster timeline. We review the documents to gather, including identification, birth certificates, existing custody orders, pay stubs, and tax returns, and explain how Chapter 154 of the Texas Family Code calculates guideline support as a percentage of the paying parent's net resources, starting at twenty percent for one child and rising to forty percent for five or more. Note that this episode references the former $9,200 monthly net resources cap; effective September 1, 2025, the Texas cap is $11,700 per month, and courts may order support above guidelines when proven needs justify it. We also cover medical and dental support obligations, cash medical support, and the rule defining reasonable health insurance as a premium that does not exceed nine percent of the paying parent's annual net resources. We close with realistic timelines, the enforcement tools available when a parent refuses to pay, including wage garnishment, liens, tax refund intercepts, license suspension, and contempt of court, and the most common mistakes, such as relying on verbal agreements and making unrecorded cash payments outside the State Disbursement Unit. To schedule a free consultation, visit https://www.bryanfagan.com/schedule/ or call 855-694-7803, and download our free Family Law eBook at https://www.bryanfagan.com/ebooks/family-law-ebook/. This episode is for general informational purposes and does not constitute legal advice. Laws discussed apply to the State of Texas.
Giving Up Parental Rights in Texas: Does Child Support End?
2026/10/20
Does giving up your parental rights actually stop child support in Texas, or could you still owe money long after your legal ties to the child have been severed? In this episode of the Law Office of Bryan Fagan podcast, we walk through the Texas Family Code to answer one of the most common and high-stakes questions parents ask. The short answer is no, not simply by signing paperwork, because signing an affidavit of voluntary relinquishment does not automatically terminate the parent-child relationship or cancel an existing support order, and child support is a right that belongs to the child rather than the parent. We explain the critical distinction between relinquishment, which is a parent's voluntary request, and termination, which is a judge's final order under Chapter 161 that only issues if it is in the child's best interest. We discuss the Texas Supreme Court case Office of the Attorney General of Texas v. Scholer, in which a father who signed relinquishment papers as part of a private deal remained liable on his support order because no final termination order was ever signed. We then cover what happens to arrears, explaining that under Section 157.261 missed payments become a final judgment, that a termination order generally does not erase support that accrued before termination, that unpaid support carries six percent annual interest, and that child support debt cannot be discharged in bankruptcy under federal law. We also review statutory exceptions that allow a court to order a financially able parent to keep paying support after termination, including when a child is in substitute care with DFPS, when termination is based on abuse or neglect, and when a child has a disability requiring indefinite support. From there, we explain why wage withholding continues to collect arrears and interest until a new order is issued under Chapter 158, and how the financial obligation truly shifts when termination is paired with an adoption by a stepparent or relative who becomes the new legal parent. We close with common mistakes to avoid, why courts cannot reduce arrearages except for specific proven credits, and the key documents to gather: your affidavit of relinquishment, the final termination order, all original and modified support orders, and your official payment history. To schedule a free consultation, visit https://www.bryanfagan.com/schedule/ or call 855-694-7803, and download our free Family Law eBook at https://www.bryanfagan.com/ebooks/family-law-ebook/. This episode is for general informational purposes and does not constitute legal advice. Laws discussed apply to the State of Texas.
Child Support Arrears Dismissed in Texas? The Real Answer
2026/10/15
How do you get child support arrears dismissed in Texas, and can a judge really erase thousands of dollars in unpaid support? In this episode of the Law Office of Bryan Fagan podcast, we separate the legal reality of the Texas Family Code from common myths about easy debt forgiveness and explain why the answer depends on how the debt accrued and who it is owed to. Under Texas Family Code Section 157.261(a), every missed payment automatically becomes a final judgment by operation of law, with no separate lawsuit required, and immediately begins accruing six percent simple interest regardless of job loss or financial hardship. We explain the critical difference between getting an enforcement case dismissed and erasing the underlying debt, since arrears survive a dismissed motion and can still be collected through tools like child support liens. We also cover why informal text-message or handshake agreements to waive past-due support fail, why the Texas Supreme Court has made clear that relinquishing parental rights does not wipe out accrued arrears, and why courts act as gatekeepers because child support is a right that belongs to the child. From there, we walk through how to challenge an incorrect balance by obtaining your court order and official payment record, comparing it against canceled checks and bank statements, and presenting controverting evidence of unrecorded payments. We explain the narrow statutory offsets available under Section 157.008 when the receiving parent voluntarily relinquished possession of the child beyond court-ordered time and the paying parent provided actual support, as well as credits for certain lump-sum disability payments made to the child. We then distinguish state-owed arrears, which arise when the custodial parent received public assistance such as TANF, from family-owed arrears owed directly to the other parent, and explain the Office of the Attorney General's Arrears Payment Incentive Program, which matches voluntary payments toward state-owed arrears dollar for dollar for eligible parents who are current on monthly support. We close with how courts can order structured periodic payment plans under Section 157.264(b), common traps like ignoring enforcement notices and confusing a dismissed case with forgiven debt, and why reviewing your order and payment history with an experienced attorney is critical. To schedule a free consultation, visit https://www.bryanfagan.com/schedule/ or call 855-694-7803, and download our free Family Law eBook at https://www.bryanfagan.com/ebooks/family-law-ebook/. This episode is for general informational purposes and does not constitute legal advice. Laws discussed apply to the State of Texas.
Child Support Arrears in Texas: How to Handle Back Support
2026/10/15
How do you handle child support arrears in Texas when you owe thousands of dollars in back support, or when you believe the amount the state says you owe is wrong? In this episode of the Law Office of Bryan Fagan podcast, we break down the legal realities of past-due child support and the practical options available to parents who are behind. We explain how, under Texas Family Code Section 157.261, every missed payment automatically becomes an enforceable judgment by operation of law, without the receiving parent filing a new lawsuit, and why that debt does not expire over time. We walk through the confirmation of arrearages process, in which a judge reviews the official record and issues a cumulative judgment, and why the court cannot retroactively reduce the principal simply because of financial hardship. We cover how Texas applies six percent simple annual interest to unpaid support, why the balance keeps growing even after regular payments resume, and why arrears survive well past the child's eighteenth birthday while current support typically ends at eighteen or high school graduation. We then explain how to verify the amount owed by cross-referencing your controlling court order against State Disbursement Unit records, pay stubs, and bank statements to catch missing payments, disputed credits, and interest errors. From there, we review the enforcement tools available to the Texas Attorney General's Child Support Division, including wage garnishment, bank levies, property liens, federal tax refund intercepts, suspension of driver's, hunting, and professional licenses, passport denial, contempt of court, and criminal non-support, which is a state jail felony under Texas Penal Code Section 25.05. We also distinguish family-owed arrears, which may be reduced through a court-approved agreement, from state-owed arrears arising from public assistance, and explain the Arrears Payment Incentive Program, which provides dollar-for-dollar credits on voluntary payments toward state-owed debt. We close with a three-step action plan, which is to verify the math, file to modify future support after a job loss or income drop, and negotiate a court-approved payment plan, along with common mistakes like handshake deals and direct cash payments, and the added complexity of custody disputes, interstate enforcement, and active contempt cases. To schedule a free consultation, visit https://www.bryanfagan.com/schedule/ or call 855-694-7803, and download our free Family Law eBook at https://www.bryanfagan.com/ebooks/family-law-ebook/. This episode is for general informational purposes and does not constitute legal advice. Laws discussed apply to the State of Texas.
Waive Child Support in Texas? What Courts Will Approve
2026/10/14
Can child support be waived in Texas if both parents agree neither one needs the money? In this episode of the Law Office of Bryan Fagan podcast, we clear up the myths, handshake deals, and costly legal mistakes surrounding child support waivers and explain why a private agreement between parents can never cancel an existing court-ordered obligation. We start by breaking down what parents actually mean when they say they want to waive support, whether that is stopping payments now, agreeing to a lower amount going forward, or wiping away a past-due balance, and why Texas law treats each scenario completely differently. Under Texas Family Code Section 154.124, parents can propose a written agreement for zero-dollar support that varies from the state guidelines, but court approval is essential because judges must apply the best interest standard, and child support is a right that belongs to the child rather than either parent. We explain when a judge is more likely to approve an agreed non-guideline order of zero support, such as true 50/50 shared parenting, comparable incomes, or a plan where each parent directly covers specific expenses like private school tuition or health insurance, and why equal custody alone does not automatically reduce support to zero. We then draw the hard legal line between future support, which can only be changed through a modification under Section 156.401 by proving a material and substantial change or meeting the three-year rule, and past-due arrears, which become a final judgment by operation of law and generally cannot be erased by a private forgiveness agreement. We also cover why employers must continue wage withholding until a judge issues a new directive, and how filing frivolous petitions without a legal basis can result in being ordered to pay the other party's attorney's fees under Section 156.005. We close with the most dangerous mistakes parents make, including stopping payments on a verbal agreement, assuming equal custody means zero support, and assuming support ends automatically at eighteen, and explain how to properly capture a genuine agreement through an attorney-drafted modification that addresses both future support and existing arrears and is submitted for judicial approval. To schedule a free consultation, visit https://www.bryanfagan.com/schedule/ or call 855-694-7803, and download our free Family Law eBook at https://www.bryanfagan.com/ebooks/family-law-ebook/. This episode is for general informational purposes and does not constitute legal advice. Laws discussed apply to the State of Texas.
Pause Child Support Arrears in Texas? The Hard Truth
2026/10/14
Can you pause child support arrears in Texas if you have lost your job, faced financial hardship, or simply cannot afford the payments right now? In this episode of the Law Office of Bryan Fagan podcast, we separate fact from fiction on one of the most misunderstood topics in Texas family law and explain why financial hardship generally does not suspend or erase past-due child support. Under Texas Family Code Section 157.261, a child support payment that is not made on time automatically becomes a final judgment for the amount owed, with no new lawsuit required, and under Section 157.265 unpaid support accrues six percent simple annual interest, meaning the balance keeps growing even after your finances stabilize. We explain the critical difference between current support, which can be modified prospectively, and past-due arrears, which are locked-in debt that generally cannot be retroactively reduced. To stop arrears from snowballing, we walk through filing a petition to modify current support by proving a material and substantial change in circumstances or using the three-year rule when the guideline amount differs by twenty percent or one hundred dollars, and why informal verbal agreements with a co-parent are not legally binding without a judge's signature. We also cover when arrears can actually be forgiven, including situations where the child came to live with the paying parent full-time or the receiving parent formally waives family-owed arrears in a court-approved agreement, along with the Texas Office of the Attorney General's Arrears Payment Incentive Program, which offers a dollar-for-dollar matching credit on state-owed arrears for parents who make consistent voluntary monthly payments. We then review the enforcement tools the state can use, including wage garnishment, bank account levies, property liens, tax refund intercepts, driver's and professional license suspension, and contempt of court that can result in jail time, plus five common mistakes to avoid. We close with a three-step action plan: have an attorney verify your arrears calculation for missing credits or errors, request a court-approved payment plan, and file to modify current support immediately to stop the debt from growing. To schedule a free consultation, visit https://www.bryanfagan.com/schedule/ or call 855-694-7803, and download our free Family Law eBook at https://www.bryanfagan.com/ebooks/family-law-ebook/. This episode is for general informational purposes and does not constitute legal advice. Laws discussed apply to the State of Texas.
End Child Support in Texas: Why 18 Isn’t the Cutoff
2026/10/14
How do you legally end child support payments in Texas, and can you simply stop paying the moment your child turns eighteen? In this episode of the Law Office of Bryan Fagan podcast, we break down one of the most misunderstood areas of Texas family law and explain why stopping payments based on a birthday can be one of the most dangerous legal and financial mistakes a parent can make. Under Texas Family Code Section 154.006, current child support generally ends when the child turns eighteen or graduates from high school, whichever occurs later, meaning a parent whose child turns eighteen during senior year remains fully obligated until graduation. We also explain how support can continue indefinitely for a child with a qualifying disability requiring substantial care, why multi-child orders do not automatically step down unless the order specifies the amounts, and how medical and dental support obligations continue until a court says otherwise. We walk through the statutory events that terminate support, including marriage, emancipation through removal of the disabilities of minority, death of the child, active duty military service, and genetic testing that excludes the obligor, and stress why reviewing the specific termination provisions in your own court order is always the first step. From there, we separate the legal obligation from the administrative process, explaining why employers must continue income withholding under Chapter 158 until they receive a new court order or administrative writ of termination. We cover how unpaid arrears accrue simple interest at six percent per year, how withholding can continue until every dollar is paid, and how ignoring a balance can lead to wage garnishment, license suspension, and contempt of court. We also explain why informal, verbal, or private written agreements never override a Texas court order and why Section 154.124 requires court approval to modify or end support. We close with a five-step checklist: review the controlling order, confirm a statutory event has occurred, verify your payment record shows no arrears, address the income withholding order through proper channels, and obtain official documentation that your obligation is closed. To schedule a free consultation, visit https://www.bryanfagan.com/schedule/ or call 855-694-7803, and download our free Family Law eBook at https://www.bryanfagan.com/ebooks/family-law-ebook/. This episode is for general informational purposes and does not constitute legal advice. Laws discussed apply to the State of Texas.
Stop Child Support in Texas: Why a Handshake Isn’t Enough
2026/10/13
Can parents simply agree to stop child support in Texas? In this episode of the Law Office of Bryan Fagan podcast, we unpack one of the most common and costly misconceptions in Texas family law: the belief that a verbal agreement, handshake, or text message between co-parents is enough to end or pause court-ordered child support. Because Texas treats child support as a right that belongs to the child rather than the parents, a private agreement alone does not cancel an existing court order, and the original order remains fully enforceable until a judge signs a new one. We walk through Texas Family Code Section 154.124, which allows parents to propose agreements reducing support to zero while preserving the court's authority to approve, modify, or reject them; explain why court oversight matters for the child's welfare; and outline the valid grounds for modification under Chapter 156, including significant income changes, a child moving in with the paying parent, changes in primary custody, and evolving medical or educational needs. We then cover the proper modification process step by step, from reviewing your current order and filing a petition to modify to submitting an agreed proposed order and obtaining the judge's signature. We also explain the serious trap of unpaid arrears, which under Section 157.261 become a final judgment that continues to accrue interest and is rarely forgiven, even if future support is reduced to zero, and why wage withholding under Chapter 158 continues until the court or the Title IV-D agency issues a termination order, potentially even after a child turns eighteen. We close with the most costly mistakes parents make, including relying on verbal agreements, stopping payments without legal authority, and assuming a 50/50 custody schedule automatically ends support. To schedule a free consultation, visit https://www.bryanfagan.com/schedule/ or call 855-694-7803, and download our free Family Law eBook at https://www.bryanfagan.com/ebooks/family-law-ebook/. This episode is for general informational purposes and does not constitute legal advice. Laws discussed apply to the State of Texas.
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