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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 in the best interests of their children and the unique needs of their new family structure.

How Are Child Support Payments Determined in Texas?

Child support orders are determined by a judge during the process of establishing child custody and visitation arrangements. Parents can determine their own child support arrangements, but you must prove to the court that the agreement is in the best interest of the child and have it formalized in an order approved by a judge. Because all child support determinations must be court-approved, it’s extremely important to have a knowledgeable child support attorney involved in the creation of these agreements, even if the divorce is amicable.

Which Parent Pays Child Support?

Generally speaking, non-custodial parents, or obligors, make monthly child support payments to the custodial parent. Custodial parents are not usually the subject of a child support court order because the court assumes that they’re already making substantial contributions to their child’s care by providing food, clothing, shelter, and education.

What Is the Average Child Support Payment in Texas?

Payment amounts vary significantly based on the income of the obligor and the needs of the child(ren), 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?

Since $9,200 is the maximum net income that can be used to calculate child support, 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 Is Child Support Calculated?

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. This net monthly income is then multiplied by a percentage based on the number of children to be supported.

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.

How Is Income Calculated?

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

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 wellbeing of the child(ren) 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: While child support typically does not cover college or other post-secondary education costs, it 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 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.

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
• Amount of time the children spend in each parent’s care
• If a parent is intentionally under- or unemployed
• Childcare expenses incident to a job
• Whether a parent has conservatorship or physical custody of another child
• Spousal support paid or received by a parent
• The child’s college education and post-secondary school expenses
• Housing, motor vehicle, and other benefits supplied to a parent by a third party
• Other deductions from the income of a parent
• Health insurance deductibles, premiums, and uninsured medical expenses
• Special educational, health, or other issues that affect a child or a parent
• Travel expenses associated with possession of and access to the child
• Negative or positive cash flow that affects either parent’s liquidity
• Debts assumed by a parent
• Any other reason consistent with the best interest of the child, taking into account the circumstances of the parents

All 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(ren)’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.

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.

What Are the Child Support Guidelines Issued in 2023 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 (but not biological) father cannot be located.
7. Child Support Liens: Child support liens no longer have a ten-year limit. They can stay in effect indefinitely, and expired liens on real property can be renewed.

What Happens if the Non-Custodial Parent Does Not Pay Child Support in Texas?

Missing and making up the occasional payment typically won’t trigger immediate consequences, but repeated missed payments will result in serious repercussions, including:

• Liens against property
• Wage garnishments
• 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 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.

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.

At What Age Do You Stop Paying Child Support 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?

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.

Who Do I Contact About Child Support in Texas?

If you require assistance with your child support order, you can contact the Texas Office of the Attorney General’s (OAG) Child Support Division 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, and Granbury, and we would be glad to assist you.

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