Child Support: The Details You Should Know

If you’re a parent facing divorce, a Texas child support order is one of the issues with which you’re likely to contend. It’s important to get to know the child support laws in Texas and to understand how the process works. This way you are aware of both your rights and your responsibilities.

Basics of Texas Child Support Orders

Child support exists to make sure that children’s needs are provided for by both of their parents so that they don’t suffer undue hardship. When a couple has a child they must provide food, shelter and other necessities to the child until he or she reaches a certain age (usually 18), or gets married. These responsibilities continue whether the parents are together or not.

Child support usually becomes a legal issue during a divorce, but it can also be pursued separate from a divorce proceeding. When a child support case is decided, the judge will issue a support order.

This order is a legally binding document that lays out the amount and schedule of support payments. In a divorce case, the child support details are part of the overall divorce decree.

In Texas, the parent who has custody of a child or children (the custodial parent) has a right to get support payments from the other spouse (non-custodial parent). If the parents can’t reach an agreement between themselves, then the Texas family court will make a ruling.

Calculating Child Support in Texas

There are two key elements to figuring out how much support will be owed. The first is the amount of income each parent has. The second is that Texas uses a formula to determine the amount of support.

The amount of income of each spouse

• Gross income. The amount of gross income each spouse has is where a child support lawyer earns his/her pay. If both spouses work for a traditional employer, then the amount of pay can be made by looking at the pay stubs. If a spouse is self-employed or has income from investments, then it can be much harder to figure the real amount of income. Gross income covers many things. Some of the more common income items are: wages, commissions, overtime pay, tips, bonuses, interest and dividends. A good lawyer will review all the proper records and ask the proper questions to help determine the real income.
• Deductions. There are some bills that have to be paid to figure each spouse’s net income. These bills are subtracted. Typical income bills are Social Security taxes, federal and state income taxes, union dues, medical insurance premiums and mandatory retirement plan bills.
• Expenses. The expenses of the parents are not considered. Focusing on the income makes it much easier to make a ruling. It also avoids having to argue about whether one spouse spends too much for food or drink.
• Duty to pay something. Even if the parent with custody is self-sufficient, the other spouse will have to pay some support. Even if the parents are minors, the non-custodial parent will have to pay some support. Even if both parents agree to no child support, it is rare that the court will approve it. The child’s best interests are paramount. The child shouldn’t be hurt because the parents got a divorce.

The number of children

Child support is generally determined as a percentage of the non-custodial parent’s net income. According to §154.125 of the Texas Family Code, the Texas child support order may require payment equal to the following percentages, if the non-custodial parent’s net resources are not less than $1,000 or greater than $11,700 (2026):

• 20 percent for one child;
• 25 percent for two children;
• 30 percent for three children;
• 35 percent for four children;
• 40 percent for five children; and
• not less than 40 percent for six children.

This formula is just a guideline. A child support lawyer may offer more detailed estimates of child support payments based on the parents’ net incomes.

Parents are also free to create their own child support agreements in which they decide together how much the non-custodial parent will pay. Regardless of how the child support order or agreement is worked out, under child support laws in Texas it is legally binding once it is approved by a judge.

The Formula

The basic steps are these:

• Count the number of children.
• Figure out the incomes of each parent.
• Apply the formula.

Your lawyer can explain the formula in more detail. Your lawyer should be able to give you a good idea of what support will be due.

Texas Child Support Guidelines

Generally, Texas child support laws require:

• support continue until the child’s 18th birthday or the child graduates from high school, whichever occurs later;
• the child’s health insurance be paid by the parent paying child support;
• a child continue to abide by the visitation agreement, even if child support is not being made;
• child support continue even if a child is not being allowed to follow the outlined visitation agreement;
• child support be made or a penalty of up to 6 months in jail or prison may be enforced; and
• child support be made or a fine of up to $500 per violation may be warranted.

Enforcement

Getting a support award is just the first part of the task for a custodial parent. The paying parent must pay the support. If a spouse doesn’t pay there are remedies. Some of the remedies are:

• The wages may be garnished. This means the employer will pay the support from the paycheck of the non-custodial parent.
• The IRS can withhold refunds.
• Driver’s licenses can be suspended. Professional licenses can be suspended.
• The debtor (the parent with the duty to pay) can be held in contempt and sent to jail.

Related Guide: What to Do When Your Ex Stops Paying Child Support in Texas

Change of Circumstances

In some instances, a parent may find that he or she needs to modify a Texas child support order. This can happen for a number of reasons, but in order for the courts to approve a modification, you need to show that there have been a material change in circumstances since the creation of the original order.

These changes generally need to affect the parent’s financial situation; for example, if the non-custodial parent loses his or her job or faces unforeseen medical problems. Other circumstances that may qualify as material changes may include custody changes (the child begins to live with the non-custodial parent), and a parent’s military deployment.

Do not decide to just stop paying. You will likely end up facing a worse situation. Not only could you be facing back payments but there is interest charged as well. Also, you shouldn’t assume that once the child becomes a legal adult, you will no longer be responsible. You will still be responsible for back payment. The longer you went without paying, the more you will owe, especially with the interest.

If there is ever a month in which you cannot make the full child support payment, pay any amount, no matter how paltry. This demonstrates you are making some kind of effort. However, be sure to also contact the local child support office so that you can explain to them why you are not able to make your full payment.

Related Guides:

• Consequences of Not Paying Child Support in Texas
• How to Win a Child Support Modification Case in Texas
• Can a Mother Cancel Child Support in Texas?

Additional Issues

With some cases, if there’s already an established court order, the payments will begin quite quickly. In more complicated situations, where there’s:

• an absent parent;
• the need to first establish paternity; or
• the case goes to an attorney in family court, it may take longer to begin payments.

Some factors than can impact the support amount are:

• A spouse has children by a different parent.
• The child reaches the age of majority.
• The child goes to college.

Frequently Asked Questions

Do I have to pay child support if my ex keeps me away from my kids?

If an ex keeps you away from your children in Texas and you’re required to pay child support, you’re still required to make your payments. Financial support and visitation are considered two separate issues. If you’re required to pay the child support, there may be stiff penalties for not paying. If you’re in a situation in which you are being denied access to your children, the best way to handle it is through the courts.

We invite you to contact Warren & Migliaccio at 888-584-9614 to schedule a confidential consultation with one of our attorneys to discuss your child support matters.