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Specialty tag(s): Child Support, Divorce

Texas Child Support 101: Understanding Your Obligations and Rights

Andrew Tisdale | February 25, 2025

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Child support in Texas is more than just a monthly payment: It’s a framework designed to ensure that children receive the financial support they need after their parents separate or divorce. From establishing paternity to calculating child support payment amounts, the process can quickly feel overwhelming. By understanding your rights, obligations, and the laws governing child support in Texas, you’ll be better equipped to make informed decisions that support your children and your family’s future.

What Is Child Support?

Child support is a monthly payment ordered by the court to be made by one parent (the “obligor”) to the other parent (the “obligee”) to help cover a child’s basic living expenses. The purpose of child support is to make sure that children receive the financial support they need for necessities like housing, food, clothing, health care, education, and other general living costs after their parents have separated. Texas child support laws were put in place with the belief that both parents share an equal legal and financial obligation to support their children, regardless of their marital status or living arrangements.

How Much Is Child Support in Texas?

The payments for child support in TX vary on a case-by-case basis. The reason for this is that the amount is determined using the Texas child support guidelines. These guidelines are the rules outlined in Texas law that state how child support will be calculated. The calculation is primarily based on the obligor’s net monthly resources and the number of children they need to support.

In general, the breakdown for Texas child support payments is:

  • One child: 20% of the obligor’s net monthly resources
  • Two children: 25%
  • Three children: 30%
  • Four children: 35%
  • Five children: 40%
  • Six or more children: At least 40% of the obligor’s net monthly resources

These percentages form only a baseline, though. Courts can rule to increase or decrease the amount of child support to be paid based on several factors, such as a child’s health or educational needs, significant travel expenses for visitation, or the unique financial situation of either parent.

Determining Net Monthly Resources

To determine how much Texas child support payments should be, the court must first calculate the obligor’s net monthly resources. This generally includes all sources of income, including wages, salaries, commissions, bonuses, retirement benefits, self-employment income, unemployment benefits, royalties, certain Social Security and veterans’ disability benefits, and other forms of earnings.

Next, certain deductions are made from the total amount. These deductions may include:

  • Federal income taxes (calculated as if filing as a single person)
  • Social Security and Medicare taxes
  • State income tax
  • Union dues (if applicable)
  • Health and dental insurance premiums for the child

The amount remaining after the deductions is the obligor’s net monthly resources. The standard percentage based on the number of children is applied to this amount, and that determines the monthly child support obligation.

However, if the obligor’s net monthly resources are more than the established cap, the guideline percentages only apply to that capped amount. Texas has a net resources cap of $9,200 per month, which means the highest possible monthly child support payments are:

  • One child: $1,840
  • Two children: $2,300
  • Three children: $2,760
  • Four children: $3,220
  • Five or more children: $3,680

Special Income Considerations

Certain situations require the court to delve deeper into an obligor’s employment history and income. For instance, if the court finds that the obligor is purposefully unemployed to avoid paying child support, the court may consider their earning potential rather than their current income level.

Additionally, different rules apply to certain types of benefits. For instance:

  • Social Security Disability Insurance (SSDI): Counts as income. If the child receives dependent SSDI benefits due to the obligor’s disability, that amount typically offsets the obligor’s obligation.
  • Supplemental Security Income (SSI): Does not count as income. If SSI is the obligor’s only income source, they generally won’t be required to pay support. If there is already a child support order in place and the obligor later qualifies for SSI, they can request a modification to reduce their obligation to zero.
  • VA Disability Benefits: Usually count as income, potentially affecting the calculation

Apart from the calculation itself, Texas child support payments also vary a great deal due to the unique and ever-changing circumstances of the parents’ lives. Child support orders can be altered for different reasons and considerations must be made for special situations. Factors, such as the loss of a job or incarceration, drastically affect one’s ability to pay child support, and the orders should reflect that.

Texas Child Support Rights and Obligations

Paternity

For child support in Texas, legal paternity must be established if the child’s father is not already recognized by law. If paternity is disputed, genetic testing can be used to confirm the child’s biological father. This process ensures that each parent is supporting the child and the father has legal rights to custody and visitation.

Setting the Order and Retroactive Support

An order for child support in Texas can be set during divorce proceedings, a Suit Affecting the Parent-Child Relationship (SAPCR), a paternity case, a protective order case, or through the modification of an existing order. Courts can also order retroactive support (also known as “back” support) if the obligor failed to provide for the child before the support order’s establishment.

Health Insurance and Medical Support

In addition to financial support, Texas child support may include medical and dental coverage for the child. The court will generally order one parent to provide health insurance if it is available for a reasonable cost through their employer or other group plan.

Child Support Modifications

A child support modification may be necessary if either parent experiences a significant financial change, such as a pay cut or loss of a job. However, a parent must prove to the court that there is a material and/or significant change in their circumstances for a payment adjustment to be made. Additionally, if the amount deviates from the current guidelines by 20% or $100 and at least three years have passed, you can pursue a modification. The court must approve any modification to ensure that it serves the child’s best interests, even if both parents agree to the proposed amount.

Enforcement

There are several ways that courts can enforce child support if the obligor fails to pay. These measures can include wage garnishment, liens on property, interception of federal income tax refunds, suspension of professional and driver’s licenses, denial of passports, and even contempt of court proceedings, which may result in fines or jail time.

Incarceration

If the obligor is incarcerated for at least 90 days, courts may review and adjust child support based on the obligor’s reduced ability to pay. However, incarceration does not automatically erase or suspend previously established orders.

When Does Child Support End in Texas?

Child support in Texas generally lasts until the child graduates from high school or turns 18, whichever happens later. However, if the child has a significant mental or physical disability that existed before the age of 18, child support may continue indefinitely to ensure that the child receives the ongoing support they need.

Schedule a Consultation Today

At Goranson Bain Ausley, our skilled family law attorneys have extensive experience dealing with child support issues. Contact us today to schedule your consultation.

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