Can you get child support if you were never legally married?

On Behalf of Winnie A. Bates, Attorney at Law | Jul 25, 2025 | Child Support

For young mothers, raising a child without support can stretch their budget, time and patience. When the relationship ends and there is no marriage, it is not always clear what you can ask for. Covering daycare, groceries and school supplies on your own is not sustainable. In Texas, marriage is not required for a parent to be held financially responsible. You can ask the court to step in, but only after confirming who the legal father is.

How to establish paternity

Both parents must support their child financially, married or not. If there is no agreement or court order and the other parent will not contribute, the court needs legal proof of paternity before it can require payment. Here are three ways to do that in Texas: 

• Voluntary Acknowledgment of Paternity (AOP): If both of you agree on who the father is, you can fill out this form together. Most hospitals offer it right after the baby is born, but you can also get it later from the local vital statistics office. Once both parents sign it, the state records the legal father without needing a court appearance.
• Court-ordered DNA testing: If the alleged father denies he is the parent, you can file paperwork with the court and ask for a test, which involves a simple cheek swab. When the results confirm paternity, the court can start the process to order child support.
• Filing a paternity case in court: If the father refuses to cooperate or disappears, you can open a case in family court. The judge will look at the facts, require testing if needed and officially name the legal father. From there, they can set up support and other responsibilities.

These steps give the court what it needs to act. Without legal proof of paternity, it cannot require the other parent to pay support, even if everyone involved already knows the truth.

Support is about your child’s future

You do not need to turn child support into a confrontation. It should be about making sure your child gets what they need and that you do not carry the entire financial load alone. Texas does not require marriage for a parent to take responsibility. Once the court confirms paternity, it can move forward with a support order.