Texas Codes

Tex. Fam. Code § 160.636 (2026)

Order Adjudicating Parentage; Fees, Costs, And Expenses

✓ current as of May 2026
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Sec. 160.636. ORDER ADJUDICATING PARENTAGE; FEES, COSTS, AND EXPENSES. (a) The court shall render an order adjudicating whether a man alleged or claiming to be the father is the parent of the child.

(b) An order adjudicating parentage must identify the child by name and date of birth.

(c) Except as otherwise provided by Subsection (d), the court may assess reasonable and necessary attorney's fees, court costs, expenses, filing fees, fees for genetic testing, other costs, and necessary travel and other reasonable expenses incurred in a proceeding under this subchapter. Attorney's fees awarded by the court may be paid directly to the attorney. An attorney who is awarded attorney's fees may enforce the order in the attorney's own name by any means available for the enforcement of a judgment for debt.

(d) The court may not assess fees, costs, or expenses against the support enforcement agency of this state or another state, except as provided by other law.

(e) On request of a party and for good cause shown, the court may order that the name of the child be changed.

(f) If the order of the court is at variance with the child's birth certificate, the court shall order the vital statistics unit to issue an amended birth record.

(g) On a finding of parentage, the court may order retroactive child support as provided by Chapter 154 and, on a proper showing, order a party to pay an equitable portion of all of the prenatal and postnatal health care expenses of the mother and the child.

(h) In rendering an order for retroactive child support under this section, the court shall use the child support guidelines provided by Chapter 154, together with any relevant factors.

Added by Acts 2001, 77th Leg., ch. 821, Sec. 1.01, eff. June 14, 2001.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.075, eff. April 2, 2015.

Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 46, eff. September 1, 2025.

Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 47, eff. September 1, 2025.

Notes of Decisions
Cited in 34 cases (3 in the last 5 years), 2005–2023 · leading case: in the Interest of H.S.B., a Child, 401 S.W.3d 77 (Tex. App. 2011).
in the Interest of H.S.B., a Child, 401 S.W.3d 77 (Tex. App. 2011). “” Tex. Fam.Code Ann. § 160.636(e) (West Supp.”
In Re B.R., 327 S.W.3d 208 (Tex. App. 2010). · cites it 2× “TEX. FAM.CODE ANN. § 160.636(g) (Vernon Supp.”
In the Interest of A.B., a Child, 368 S.W.3d 850 (Tex. App. 2012). · cites it 2× “Tex. Fam. Code Ann. § 160.636 (g) (West 2008).”
In the Interest of S.M.V., 287 S.W.3d 435 (Tex. App. 2009). · cites it 2× “” See Tex. Fam.Code Ann. § 160.636(e). Further, the proponent of a name change in a paternity action must also show “how the change of name would be in the child’s best interest.”
In the Interest of Sanders, 159 S.W.3d 797 (Tex. App. 2005). “Tex. Fam.Code Ann. § 160.636(c) (Vernon 2002).”
in the Interest of B.B.R. A/K/A F.D.R.T., 188 S.W.3d 341 (Tex. App. 2006). · cites it 3× “” See Tex. Fam.Code Ann. § 160.636(c). To be entitled to a discretionary award of attorney’s fees, the movant must file with the court an affirmative pleading requesting them unless the issue is waived or tried by consent.”
in the Interest of N.T., a Child, 335 S.W.3d 660 (Tex. App. 2011). “See Tex. Fam. Code Ann. § 160.636 (g) (Vernon 2008).”
In the Interest of J.H., 264 S.W.3d 919 (Tex. App. 2008). “Tex. Fam.Code Ann. § 160.636(b) (Vernon 2002).”
In Re Bbr, 188 S.W.3d 341 (Tex. App. 2006). · cites it 3× “" See TEX. FAM.CODE ANN. § 160.636(c). To be entitled to a discretionary award of attorney's fees, the movant must file with the court an affirmative pleading requesting them unless the issue is waived or tried by consent.”
In Re Smv, 287 S.W.3d 435 (Tex. App. 2009). · cites it 2× “" See TEX. FAM.CODE ANN. § 160.636(e). Further, the proponent of a name change in a paternity action must also show "how the change of name would be in the child's best interest.”
in the Interest of S.M.-R., a Child (Tex. App. 2016). · cites it 2× “” Tex. Fam. Code Ann. § 160.636 (e) (West Supp.”
in the Interest of E. H., a Minor Child (Tex. App. 2021). · cites it 2× “Regarding an order to pay prenatal and postnatal health care expenses and retroactive child support, Texas Family Code § 160.636 provides: (g) On a finding of parentage, the court may order retroactive child support as provided by Chapter 154 and, on a proper showing, order a…”
— Tex. Fam. Code § 160.636(a) — 2 cases
— Tex. Fam. Code § 160.636(b) — 2 cases
In the Interest of J.H., 264 S.W.3d 919 (Tex. App. 2008). “Tex. Fam.Code Ann. § 160.636(b) (Vernon 2002).”
In Re Jh, 264 S.W.3d 919 (Tex. App. 2008).
— Tex. Fam. Code § 160.636(c) — 3 cases
In the Interest of Sanders, 159 S.W.3d 797 (Tex. App. 2005). “Tex. Fam.Code Ann. § 160.636(c) (Vernon 2002).”
in the Interest of B.B.R. A/K/A F.D.R.T., 188 S.W.3d 341 (Tex. App. 2006). “” See Tex. Fam.Code Ann. § 160.636(c). To be entitled to a discretionary award of attorney’s fees, the movant must file with the court an affirmative pleading requesting them unless the issue is waived or tried by consent.”
In Re Bbr, 188 S.W.3d 341 (Tex. App. 2006). “" See TEX. FAM.CODE ANN. § 160.636(c). To be entitled to a discretionary award of attorney's fees, the movant must file with the court an affirmative pleading requesting them unless the issue is waived or tried by consent.”
— Tex. Fam. Code § 160.636(d) — 2 cases
in the Interest of B.B.R. A/K/A F.D.R.T., 188 S.W.3d 341 (Tex. App. 2006). “” See Tex. Fam.Code Ann. § 160.636(c). To be entitled to a discretionary award of attorney’s fees, the movant must file with the court an affirmative pleading requesting them unless the issue is waived or tried by consent.”
In Re Bbr, 188 S.W.3d 341 (Tex. App. 2006). “" See TEX. FAM.CODE ANN. § 160.636(c). To be entitled to a discretionary award of attorney's fees, the movant must file with the court an affirmative pleading requesting them unless the issue is waived or tried by consent.”
— Tex. Fam. Code § 160.636(e) — 4 cases
in the Interest of H.S.B., a Child, 401 S.W.3d 77 (Tex. App. 2011). “” Tex. Fam.Code Ann. § 160.636(e) (West Supp.”
In the Interest of S.M.V., 287 S.W.3d 435 (Tex. App. 2009). “” See Tex. Fam.Code Ann. § 160.636(e). Further, the proponent of a name change in a paternity action must also show “how the change of name would be in the child’s best interest.”
In Re Smv, 287 S.W.3d 435 (Tex. App. 2009). “" See TEX. FAM.CODE ANN. § 160.636(e). Further, the proponent of a name change in a paternity action must also show "how the change of name would be in the child's best interest.”
— Tex. Fam. Code § 160.636(g) — 10 cases
In Re B.R., 327 S.W.3d 208 (Tex. App. 2010). “TEX. FAM.CODE ANN. § 160.636(g) (Vernon Supp.”
In the Interest of A.B., a Child, 368 S.W.3d 850 (Tex. App. 2012). “Tex. Fam. Code Ann. § 160.636 (g) (West 2008).”
In Re Nt, 335 S.W.3d 660 (Tex. App. 2011).
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