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Specialty tag(s): Child Support

Texas Child Support FAQs

When a family goes through a divorce, there are so many different considerations that parents must discuss. Child support is chief among these concerns. To make sure that each and every family and child is well-supported, there are rules in place that govern support payments. Alongside these rules, each family has the opportunity to create an agreement that works for the best interests of their children and the unique needs of their new family structure.

General Questions About Child Support

What Is Child Support?

Child support is a set amount of money paid by one parent to another to help support a child’s living expenses. It was created to ensure that both parents financially support their child and that the child’s needs are met, even if the child primarily resides with only one parent.

What Questions Are Asked in a Child Support Hearing in Texas?

In a Texas child support hearing, the court will inquire about the financial and custodial situations of the parents. This includes the children’s financial needs, each parent’s income and assets, any child-specific health expenses, and the agreed-upon custody arrangement.

What Are the Guidelines and Requirements for Child Support in Texas?

In Texas, child support guidelines are outlined in the Texas Family Code and determine how much a noncustodial parent (obligor) must pay in child support. These guidelines provide a standardized formula to ensure consistency and fairness in child support calculations based on the parent’s financial resources and the number of children being supported.

The guideline amounts are:

• 1 child: 20% of net resources
• 2 children: 25% of net resources
• 3 children: 30% of net resources
• 4 children: 35% of net resources
• 5+ children: 40% of net resources

Factors influencing the actual amount required in any specific case include:

• Income: Child support is calculated based on the obligor’s net resources, which include wages, self-employment income, rental income, and other earnings. Certain deductions, like federal income tax and Social Security, are subtracted before calculating child support.
• Medical Support: The obligor is typically required to provide health insurance if available at a reasonable cost (not exceeding 9% of their annual resources). Uninsured medical expenses are usually split between both parents.
• Duration of Payments: Child support generally continues until the child turns 18 or graduates from high school, whichever happens later. If the child has a disability, support may extend indefinitely.
• Modifications: Child support orders can be modified if there is a significant change in circumstances, such as income changes or the child’s needs evolving.

What Is the New Law for Child Support in Texas?

Senate Bill 869, which went into effect on Sept. 1, 2023, introduced several changes to Texas child support guidelines.

1. Overdue Child Support and Inheritance: Individuals with overdue child support cannot transfer inherited property to another party. Instead, they must use the inheritance to settle outstanding child support.
2. Electronic Signatures: Electronic signatures are now accepted on waivers of citation in lawsuits pertaining to parent-child relationships.
3. Email Address Requirements: Final orders in cases involving children must include email addresses and the obligation to update them. This aids communication with parents and simplifies the future service of documents.
4. Social Security Disability Payments: If both a parent and child receive lump-sum Social Security Disability payments and the child’s payment stems from the parent’s disability, the child’s payment can offset the parent’s outstanding child support or medical expenses.
5. Unpaid Child Support: Unpaid child support payments cannot be reduced. This aligns state law with federal law, ensuring consistency in enforcing child support payments.
6. Paternity Suits: Paternity suits can proceed even if the presumed (legally recognized but not biological) father cannot be located.
7. Child Support Liens: Child support liens are no longer limited to ten years; they can remain in effect indefinitely, and expired liens on real estate may be renewed.

When Can You Deviate From Texas Child Support Guidelines?

The court’s main consideration when determining the amount of child support to be paid is the best interest of the child, and so the court may decide to order less or more child support than the general guidelines stipulate. This decision will take into account factors including:

• The child’s age and needs
• Parents’ financial resources and ability to pay
• The amount of time the children spend in each parent’s care
• If a parent is intentionally under- or unemployed
• Childcare expenses related to a job
• Whether a parent has conservatorship or physical custody of another child
• Spousal support paid or received by a parent
• College education or post-secondary school costs
• Housing, transportation, and additional benefits provided to a parent by a third party
• Additional deductions from a parent’s income
• Health insurance deductibles, premiums, and uninsured medical expenses
• Special educational, health, or other issues that affect a child or a parent
• Transportation expenses for custody and child access
• Negative or positive cash flow that affects either parent’s liquidity
• Debts assumed by a parent
• Any other factor that supports the child’s best interests, considering the parents’ circumstances

All of these factors are crucial when determining child support payments, and having a skilled family law attorney on your side can assist you and your co-parent in reaching an agreement that puts your child or children’s needs first. We take a client-focused approach and possess extensive knowledge and experience in Texas child support law, making us a powerful advocate in any child support case requiring seasoned legal guidance.

Who Pays Child Support

Which Parent Pays Child Support?

In most cases, non-custodial parents, or obligors, make monthly child support payments to the custodial parent. Courts typically do not issue child support orders for custodial parents, as they are presumed to contribute significantly to the child’s well-being through basic needs like food, clothing, shelter, and education.

When Is Child Support Required?

Child support in Texas is generally required when parents are unmarried, divorced, or separated.

Do Same-Sex Parents Have the Same Rights and Obligations for Child Support in Texas?

Yes, the same Texas child support laws apply equally to same-sex parents.

How Does Child Support Change When Custody Arrangements Change in Texas?

If your custody arrangement changes, your child support agreement may be eligible for modification. The Texas Family Code takes time spent with each parent into account when determining child support payments. For example, if the custody agreement is altered so the non-custodial parent spends more time with the child, the child support payments may be lowered to reflect the change.

Is Child Support Required With 50-50 Custody in Texas?

Yes. Child support is generally still required with 50-50 custody in Texas, with rare exceptions for specific circumstances.

How Can You Pay Child Support Online in Texas?

You can use the state’s online payment system, called Smart e-Pay, to make child support payments. This system can be used to make a one-time payment or schedule automatic payments.

Child Support Payment Amounts

What Is Standard Child Support in Texas?

Payment amounts vary significantly based on the income of the obligor and the needs of the child or children, so there’s no true average child support payment in Texas. Child support is typically determined based on several factors, including the number of children involved and the resources of the parent responsible for the payments.

What Is the Minimum Child Support in Texas?

There is no minimum amount of child support. The amount required will vary depending on the income of the non-custodial parent and the needs of the child.

What Is the Maximum Child Support in Texas?

As the income cap for child support in Texas is $9,200, there is a maximum amount of child support, but it varies based on how many children there are. The maximum child support payment amounts under Texas law are:

• One Child: $1,840
• Two Children: $2,300
• Three Children: $2,760
• Four Children: $3,220
• Five Children: $3,680

How Can Parents Decide on How Much Child Support Is to Be Paid Themselves?

Section 152.124 of the Texas Family Code allows the two parties to enter into a written agreement regarding child support. Once you prepare this document with the help of a family law attorney, the court still needs to review the agreement to determine whether or not it is in the child’s best interest. If it is not, the court may order the parents to submit a revised agreement, or it may render a child support order of its own.

How Child Support Is Calculated

How Is Child Support Calculated, and What Factors Influence the Amount of Child Support in Texas?

Child support is set by a judge as part of custody and visitation decisions. While parents can negotiate their own terms, they must prove to the court that the agreement benefits the child and receive formal approval. Because court authorization is required for all child support arrangements, legal guidance is highly recommended, even in amicable divorces.

However, if the parents cannot agree on child support, the state of Texas uses a standardized formula to determine how much child support the non-custodial parent must pay the custodial parent. Here is how this calculation is done:

1. The court determines the non-custodial parent’s monthly gross (pre-tax) income from wages and salary, interest, dividends, royalties, net rental income, self-employment income, and all other income actually received, including severance, Social Security, retirement, pensions, trust income, annuities, capital gains, disability, unemployment, and workers’ compensation.
2. The court deducts federal income tax, state income tax, Social Security taxes, union dues, and the costs of health and dental insurance for the children (if applicable) to determine the non-custodial parent’s net monthly income.
3. The net monthly income is then multiplied using a percentage determined by the number of children requiring support.

Number of Children	Percentage of Net Monthly Income
One	20%
Two	25%
Three	30%
Four	35%
Five	40%
Six or more	At least 40%

For example, if a non-custodial parent’s gross monthly income minus all of the allowable deductions is $6,000 and there are three children to be supported, the non-custodial parent would have a monthly child support obligation of $1,800 ($6,000 x 0.30).

This calculation will change if the obligor is already required to pay child support for children from another relationship.

Note:  The calculations above are presumptive amounts based on the child support guidelines set forth in the Texas Family Code. A court may deviate from the guidelines based on the facts and circumstances of each case and the best interest of the child.

How Is Income Calculated?

Income for the purposes of child support calculations includes 100% of wage and salary income (including commissions, overtime pay, tips, and profit-sharing), self-employment income, dividends, interest, royalty income, net rental income, and all other types of income, including retirement benefits, military benefits, bonuses, annuities, trust income, and unemployment benefits. All income being received is taken into consideration for the purposes of calculating child support.

How Do Medical Expenses and Health Insurance Affect Child Support Payment Calculations?

In Texas, the noncustodial parent (obligor) is typically required to provide health insurance for the child if it’s available at a reasonable cost, defined as not exceeding 9% of the obligor’s annual resources. This cost is considered separate from the standard child support obligation. Uninsured medical expenses, such as copays and deductibles, are usually divided between both parents, often equally, unless otherwise specified by the court. These provisions ensure that both parents contribute to their child’s health-care needs.

Can Child Support Be Modified if a Parent Loses Their Job in Texas?

Yes, child support can be modified if a parent loses their job. However, this change does not occur automatically. A modification request must be submitted to the court for approval. If granted, the modification may be temporary or permanent, based on how long the unemployment lasts.

What Child Support Covers

What Does Texas Child Support Cover?

Child support in Texas generally covers a broad range of expenses, all of which are important for the health and well-being of the child or children involved. Child support is meant to help cover care-related costs such as:

• Basic Necessities: This includes food, clothing, shelter, and other basic living expenses.
• Medical Expenses: Routine uninsured medical, dental, and vision expenses. This might also include co-pays and prescriptions.
• Educational Fees: Child support can be used to cover costs associated with elementary and secondary schooling.
• Childcare: For parents who work or attend school, child support can assist with the costs of childcare.
• Transportation/Travel: This can be for shuttling the child to and from school, extracurricular activities, or other necessary places.
• Entertainment: Leisure activities or recreational activities that the child may participate in.
• Extracurricular Activities: Costs related to sports, arts, or other activities outside of regular school hours.

What Does Texas Child Support Not Cover?

Knowing what child support does not cover is just as important as knowing what it does. Child support does not cover:

• College or other post-secondary education costs
• Luxury gifts, such as designer clothes, expensive vacations, etc.
• Cell phone bills
• Car payments
• The custodial parent’s personal expenses

Are Childcare Expenses Factored Into Child Support Payments in Texas?

Childcare expenses, such as babysitting or day care, are generally included in the standard childcare calculations in Texas.

The Duration of Child Support

When Does Child Support End in Texas?

Child support orders customarily remain in force until a child becomes 18 or graduates from high school, whichever is later. However, children with mental or physical disabilities who require consistent medical care may be eligible for child support payments indefinitely. If a child is legally emancipated from their parents through marriage, joining the military, or petitioning the court, child support payments are terminated at that point. Minors aren’t eligible for legal emancipation until age 16 under Texas Family Code.

How Do I Terminate Child Support in Texas?

Child support does not end automatically. To formalize the termination of child support payments, you must obtain an order terminating your child support obligation from the court that has jurisdiction over your case.

Can Child Support Be Terminated Early in Texas?

Yes, child support can be terminated early in Texas under specific circumstances. A parent may request early termination if:

• The child becomes legally emancipated by getting married, joining the military, or obtaining a court order.
• The child passes away before the support obligation ends.
• The paying parent (obligor) gains full custody of the child, making the support order unnecessary.
• Paternity is disproven through genetic testing and the court modifies the order accordingly.

To terminate child support early, a formal petition must be filed with the court, and approval must be granted before payments legally stop.

Can Child Support Continue Through College in Texas?

Texas law does not require parents to pay child support for college expenses unless both parents agree to it in a court-approved agreement. Unlike certain states that require child support through college, Texas law typically ends payments when the child reaches 18 or finishes high school, whichever occurs later. However, parents can voluntarily create an agreement to cover college expenses, which a court can enforce if properly documented.

Can Temporary Child Support Be Requested During a Separation in Texas?

Yes, a parent can request temporary child support during a separation in Texas. This is typically done through a temporary orders hearing, which establishes financial responsibilities while a divorce or custody case is pending. Temporary child support ensures that the child’s needs, such as housing, food, and medical care, are met until a final court order is issued. To request temporary support, a petition must be filed, and a judge will determine the appropriate amount based on the standard child support guidelines.

What Is the Difference Between Temporary and Permanent Child Support in Texas?

• Temporary Child Support: Ordered during a pending divorce or custody case to provide financial support for the child until a final judgment is issued. It is meant to be short-term and does not necessarily follow Texas standard child support guidelines.
• Permanent Child Support: Ordered in a final divorce decree or custody order and remains in effect until the child turns 18 or graduates from high school. Permanent child support follows Texas statutory guidelines and considers the obligor’s income, medical support, and other factors.

While “permanent” child support can be modified due to significant life changes, it generally remains in place for the child’s upbringing.

How Do Remarriage or New Children Affect Child Support Payments in Texas?

In Texas, remarriage alone does not affect existing child support obligations. The obligor must continue paying the ordered amount even if they remarry. However, if the obligor has additional children with a new spouse, the court may adjust child support payments if a modification request is filed.

Child Support and Relocation

How Does Parent Relocation Affect Child Support?

Parent relocation does not automatically change child support obligations, but it may impact custody, visitation, and modifications to support payments. If the custodial parent moves out of state or to a distant location, the noncustodial parent may seek a modification to adjust visitation schedules or travel expenses. If the paying parent moves, they must continue making payments as ordered, regardless of their new location. If relocation significantly affects the child’s needs or the parents’ financial situations, either parent can file a modification request with the court.

Does Texas Enforce Out-of-State Child Support?

Yes, Texas enforces out-of-state child support under the Uniform Interstate Family Support Act (UIFSA). Texas courts can work with other states to collect payments, garnish wages, intercept tax refunds, and take legal action against nonpaying parents.

Do International Child Support Agreements Apply in Texas?

Yes, but enforcement depends on whether the foreign country has an agreement with the U.S. Texas courts can enforce child support from participating countries. If no agreement exists, enforcement may be difficult, but legal options may still be available through the Texas Attorney General’s Office.

Filing for Child Support

How Do I File for Child Support in Texas?

You can file for child support in Texas through the Child Support Division of the Texas Attorney General’s Office or by filing a case in family court. To start the process:

1. Apply online through the Texas attorney general’s website or visit a local child support office.
2. Provide necessary details about both parents, the child, income, employment, and any existing court orders.
3. Establish paternity if needed, as a paternity test may be required before a support order is issued.
4. Attend court hearings where a judge will determine the support amount based on Texas guidelines.

Once an order is in place, payments are typically made through wage garnishment, direct deposit, or the state’s payment system.

How Long Does it Take for Child Support to Start?

The timeline for child support to begin in Texas depends on the case. If both parents cooperate and paternity is already established, it may take a few months to finalize a support order. If there are disputes, difficulties locating a parent, or other legal complications, the process can take six months or longer.

Once a court order is issued, payments typically begin within 30 days, often through wage garnishment or the state’s payment system.

Who Do I Contact About Child Support, and How Do I Contact Them?

If you require assistance with your child support order, you can contact the Child Support Division of the Texas Office of the Attorney General (OAG) at 800-252-8014. You can also reach out to the experienced attorneys at Goranson Bain Ausley if you need help with your child support case: We have offices in Austin, Dallas, Fort Worth, Plano, Midland, San Antonio, and Granbury, and we would be glad to assist you.

Missed, Late, or Disputed Child Support Payments

Can a Parent Contest Child Support?

Yes, a parent can contest child support in Texas, but they must do so through the legal system. A parent may challenge child support in the following situations:

• Disputing Paternity: If the alleged father is not biologically related to the child, he can request DNA testing before a support order is established. If paternity has already been acknowledged, legal action may be required to revoke it.
• Challenging Income Calculations: If child support is based on incorrect income information, a parent can present evidence of their actual earnings to ensure accurate calculations.
• Requesting a Modification: A parent can seek a change to an existing order if there is a significant change in financial circumstances, such as job loss, medical expenses, or a change in custody.

What Happens if Child Support Is Not Paid as Ordered in Texas?

Texas has strict enforcement measures for child support nonpayment. Missing and making up the occasional payment typically won’t trigger immediate consequences, but repeated missed payments will result in serious repercussions. Under the Texas Deadbeat Dad Law, which covers the legal measures used to penalize those who refuse to pay child support, failure to pay child support can result in civil and criminal penalties, including:

• Liens against property
• Wage garnishments, though Texas law limits garnishments to 50% of disposable income
• Unemployment and benefits garnishments
• Inheritance seizure
• Seizure of federal and state tax refunds and/or lottery winnings
• Suspension of driving, hunting, fishing, and professional licenses
• Passport denial
• Reporting of delinquent child support payments to credit bureaus
• Contempt of court charges and service of a criminal warrant
• Jail time

How Far Behind on Child Support Do You Need to Be Before You Go to Jail?

There’s no specific number of missed payments that automatically triggers a jail sentence. Failing to make even one payment could potentially lead to a charge of contempt of court and land you in jail, but the court may be more lenient depending on the circumstances of your specific case. If you find that you can no longer afford to make the ordered support payments, you should pay as much as you can and immediately seek a modification of the support order.

How Can a Parent Enforce Child Support Payments in Texas and Report Nonpayment?

If a parent is not receiving court-ordered child support, they can enforce payments by contacting the Texas Attorney General’s Child Support Division or filing a motion for enforcement in family court. The Attorney General’s Office can assist in locating the nonpaying parent, garnishing wages, intercepting tax refunds, and suspending licenses.

To report nonpayment, the custodial parent can file a complaint with the Child Support Division or take legal action through a private attorney. Texas law allows courts to impose penalties on nonpaying parents, including fines and possible jail time.

What Happens if a Parent Cannot Afford Child Support?

If a parent cannot afford child support due to job loss, medical issues, or financial hardship, they must file a modification request with the court. Payments do not stop automatically, and unpaid amounts will continue to accumulate as back child support (arrears). Courts may adjust payments, but modifications are not retroactive: Past due amounts remain owed.

Can a Custodial Parent Request Back Child Support in Texas, and How Is it Collected?

A custodial parent can request back child support (retroactive support) if the noncustodial parent did not pay before a court order was established. Courts may order up to four years of retroactive support unless evidence shows that the noncustodial parent deliberately avoided paying.

To collect overdue child support, a custodial parent can:

• Request state enforcement through the Texas Attorney General’s Office.
• File a motion for enforcement in court.
• Seek contempt charges, which may result in fines or jail time.
• Place liens on the nonpaying parent’s property, including homes and vehicles.

Texas does not have a statute of limitations on collecting unpaid child support, meaning arrears remain enforceable indefinitely.

Child Support and Taxes

How Does a Child Support Order Affect Taxes in Texas?

Child support payments do not provide any tax benefits for either parent. In Texas:

• Child support is not tax-deductible for the paying parent. Unlike alimony, child support cannot be written off as an expense.
• Child support is not considered taxable income for the receiving parent. The custodial parent does not have to report child support as income on their tax return.
• Unpaid child support can result in tax refund interception. If a parent falls behind on payments, the state may seize their federal and state tax refunds to cover arrears.

Can a Noncustodial Parent Claim the Child as a Dependent for Tax Purposes in Texas?

A noncustodial parent can only claim the child as a dependent if the custodial parent agrees to it. The IRS generally gives the dependency exemption to the custodial parent, but they can transfer it by signing IRS Form 8332, allowing the noncustodial parent to claim the child.

Without this signed release, the noncustodial parent cannot legally claim the child, even if they pay child support. However, they may still qualify for certain tax benefits, such as the Child Tax Credit, if they meet IRS requirements.

Note: Anyone paying or receiving child support should consult with a tax advisor before claiming a child as a dependent or before waiving the right to claim a child as a dependent.

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