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Raising a child after separation involves more than just deciding who they live with. Financial support becomes just as important. If you’re dealing with custody issues in Texas, understanding your rights can help you make smarter decisions. A custody lawyer on your child support rights can guide you through the numbers, legal terms, and common disputes parents often face. This isn’t just about paying or receiving money, it’s about making sure your child has what they need to grow up safe and supported.
What Is Child Support in Texas?
Child support is the court-ordered payment one parent makes to the other to help cover a child’s needs. In Texas, the parent who does not have primary custody typically pays support. The money helps with essentials like housing, food, clothing, school costs, and medical care.
Texas courts follow guidelines based on the paying parent’s income and the number of children involved. While the law sets a formula, judges can adjust amounts depending on special situations such as medical conditions, high income, or other children to support.
Who Has the Right to Receive Child Support?
The custodial parent (the one who lives with the child most of the time) has the legal right to receive child support payments. Texas law sees child support as the child’s right, not the parent’s. That means no parent can waive it on behalf of the child unless a court approves.
Even if both parents share custody equally, the court may still order child support to make sure the child has a stable living situation in both homes.
How Is Child Support Calculated in Texas?
Texas uses a percentage-based model to calculate support. It’s usually based on the paying parent’s net monthly income.
Here’s a breakdown:
- 1 child – 20%
- 2 children – 25%
- 3 children – 30%
- 4 children – 35%
- 5+ children – 40%
These percentages apply only to the first $9,200 of monthly net resources as of 2024. If the parent earns above that, courts may still order more based on the child’s needs.
Net income includes wages, tips, commissions, overtime, and even unemployment benefits. After subtracting federal taxes, Social Security, health insurance premiums for the child, and union dues, the remaining amount is used to calculate support.
Can Parents Agree on a Different Amount?
Yes, but only with court approval. Parents may agree to a lower or higher amount than the guideline, but the court will approve it only if it’s in the child’s best interest. Judges usually review both parents’ financial situations before approving any agreement.
Without court approval, any informal agreement may not hold up legally, which can lead to future problems or unpaid support claims.
What Happens if the Paying Parent Loses Their Job?
Losing a job does not automatically stop child support. Payments remain due unless the court modifies the order. The paying parent should file a modification request as soon as possible.
If the court finds that the parent is unemployed but still has access to money, such as savings, inheritance, or under-the-table income, it can still enforce the order.
Failing to pay child support can lead to:
- Wage garnishment
- Suspension of driver’s or professional licenses
- Tax refund interception
- Jail time in serious cases
It’s better to act fast than to wait and let the debt grow.
Can You Modify a Child Support Order?
Yes. Either parent can ask the court to review and change the support amount. Texas allows modification if:
- The child support order is at least three years old and differs by $100 or 20% from the guideline
- There has been a significant change in circumstances (job loss, new child, etc.)
Parents should gather proof like pay stubs, tax returns, or medical bills to support the request. The court will only grant the change if it serves the child’s needs.
What if the Other Parent Refuses to Pay?
If you’re the custodial parent and the other party stops paying, you have several options. You can:
- Work with the Office of the Attorney General (OAG) of Texas
- File a motion to enforce the order in court
- Request wage withholding if not already in place
The OAG provides free help with child support enforcement. They can locate the parent, review payment history, and take action if needed. Delinquent parents risk wage garnishment, property liens, and even jail.
Do You Need a Lawyer to Handle Child Support?
Not always, but having legal help makes the process smoother. A Texas custody lawyer can:
- Review your child support calculation
- Prepare court documents correctly
- Present your financial records clearly
- Represent you during enforcement or modification hearings
Parents who disagree on payments, have unusual financial circumstances, or face unpaid support may benefit most from legal advice.
Is Child Support Taxable?
No. The receiving parent does not report child support as income. The paying parent cannot deduct it from their taxes either. It’s considered a neutral transfer meant for the child’s benefit.
What Happens to Child Support if Custody Changes?
When the child starts living with the other parent full-time, the old child support order no longer fits. The parent who gains custody should file for modification or termination of the current support order. Until the court updates the order, the previous paying parent must continue making payments.
Failing to update the order can result in overpayment or underpayment, both of which lead to legal complications.
How Long Does Child Support Last?
In Texas, child support usually ends when the child:
- Turns 18 or graduates high school, whichever happens later
- Marries
- Dies
- Gets emancipated by court order
Support may continue indefinitely for children with disabilities who cannot support themselves. The court will review the child’s needs and the parent’s ability to pay in such cases.
Can You Stop Child Support If You Give Up Parental Rights?
No. Voluntarily giving up parental rights does not cancel child support. The court may allow termination of rights only when another adult, such as a step-parent, adopts the child.
Unless the court finds good cause, parents remain responsible for support even if they stop seeing the child.
Promote Your Child’s Stability with Legal Guidance
Child support decisions shape a child’s financial stability for years. Getting clear guidance and standing up for your rights can help prevent long-term legal and financial stress.
Talk to a Texas Custody Lawyer Today
If you’re facing child support issues or need help with custody arrangements, speak with a Texas custody lawyer who understands local courts and family law. They can help you protect your rights, understand the legal process, and avoid unfair outcomes.
Ebook
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “Child Custody E-Book”
Child Support Ebook
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “Child Support E-Book”
Other Updated Articles you may be interested in:
- 7 Things about Child Support for Non-Custodial Parent
- What is considered child support?
- A Look at Texas Child Support Orders
- How is Child Support Calculated in Texas?
- What happens to child support if a parent dies?
- Can You Withhold Visitation if Your Ex Hasn’t Paid Child Support?
- What Is Medical Support In Texas?
- If you have primary custody (custodial parent), you can still be ordered to pay child support?
- Can Parents Agree to No Child Support in Texas?
- Does Child Support End if My Child Gets a Job?
- What happens to child support if a parent dies?
- The Ultimate Guide to Child Support in Texas: What Every Parent Needs to Know
- Parenting Payments in Texas: Everything You Need to Know in 2023
Frequently Asked Questions
In Texas, attorney fees are typically paid by the party who hires the attorney. However, in some cases, the court may order one party to pay the other party’s attorney fees based on the specific circumstances of the case.
Yes, child support is mandatory in Texas. Both parents have a legal obligation to financially support their child, regardless of their marital status.
In Texas, child support obligations typically continue until the child turns 18 or graduates from high school, whichever comes later. However, child support may continue beyond these milestones if the child has special needs or requires ongoing support.
No, having another child does not automatically reduce child support payments in Texas. Child support calculations are based on specific guidelines, including the parents’ income and the number of children they are financially responsible for.
The cost of hiring a child custody lawyer in Texas can vary depending on factors such as the lawyer’s experience, the complexity of the case, and the location. It is best to consult with potential lawyers to get an estimate of their fees and payment structure.
The amount a father (or any parent) should pay for child support in Texas is determined based on the Texas child support guidelines. The guidelines consider factors such as the parents’ income, number of children, and custody arrangements.
Failing to pay child support in Texas can have serious consequences. The court may enforce child support orders through wage garnishment, property liens, or other means. There is no specific time limit for how long a father can go without paying child support before enforcement actions are taken.
Yes, you can file for child support without a lawyer in Texas. The Texas Office of the Attorney General provides resources and assistance for parents seeking to establish or modify child support orders.
As a child, you cannot sue your father for unpaid child support in Texas. However, the parent receiving child support can take legal action to enforce child support orders and seek payment of the arrears.
