Skip to content 
Texas law requires both parents to support their children financially, but many parents struggle to understand the details. Court-ordered payments help cover basic needs, but calculating amounts, enforcing orders, and modifying agreements can get complicated. Some parents wonder, how does child support work in Texas, and what happens if payments are missed? Texas follows strict guidelines, and missing payments can lead to serious consequences. Knowing how the system works helps parents stay compliant, avoid legal trouble, and protect their child’s well-being.
The Ultimate Guide to Child Support in Texas
Texas law holds both parents responsible for supporting their children. Courts require the noncustodial parent to make monthly payments based on state guidelines. The custodial parent provides for the child’s daily needs, but both parents share financial responsibility. Understanding how child support works helps parents prepare for obligations and avoid legal trouble.
How Texas Calculates Child Support
Texas uses a percentage-based system to determine how much a parent pays in child support. The percentage depends on the number of children. Courts apply these guidelines to the paying parent’s net income.
Standard Percentage for Child Support
- One child: 20% of net income
- Two children: 25% of net income
- Three children: 30% of net income
- Four children: 35% of net income
- Five or more children: 40% of net income
These percentages apply up to a maximum net income cap set by the state. If the paying parent earns above that cap, the court may order additional support if the child has higher needs.
What Counts as Net Income?
Texas courts calculate child support using net income, not gross income. Net income includes:
- Salary and wages
- Bonuses and commissions
- Self-employment income
- Overtime pay
- Rental income
- Social Security or disability benefits
Courts deduct federal and state taxes, Social Security, health insurance premiums for the child, and union dues before applying child support percentages.
How Courts Handle Special Circumstances
Some parents have unique financial situations that affect child support calculations. Courts consider these factors when setting an amount.
Parents With Multiple Families
If the paying parent has children from different relationships, the court adjusts percentages. Texas law allows a reduction in child support obligations to balance financial support among all children.
Unemployed or Underemployed Parents
Texas law expects parents to contribute to child support even when they lack a steady income. Courts may assign a presumed income based on past earnings, skills, or minimum wage. Parents who quit jobs to avoid payments may face legal consequences.
High-Income Parents
If a parent earns beyond the state’s maximum income cap, the court may order extra support for the child’s needs. The custodial parent must prove that basic child support does not cover necessary expenses.
When Child Support Starts and Ends
Texas courts usually order child support payments to begin as soon as a case is finalized. The paying parent must follow the court order and make timely payments.
When Does Child Support End?
Texas law requires child support until the child turns 18 or graduates from high school, whichever comes later. Some cases require longer support:
- A child with disabilities may receive support indefinitely.
- If the child joins the military, marries, or becomes legally independent, payments end early.
How to Pay Child Support in Texas
Texas offers different ways to send and receive child support payments. The Office of the Attorney General (OAG) processes most payments to track records.
Payment Methods
- Wage Withholding: The most common method. Employers deduct child support from the parent’s paycheck and send it to the state.
- Online Payments: Parents can pay through the Texas Attorney General’s website.
- Mail Payments: The state accepts checks or money orders sent to the official payment address.
Parents must follow the court’s payment instructions. Direct payments to the other parent do not count unless approved by the court.
What Happens If a Parent Doesn’t Pay?
Texas enforces child support orders through strict penalties. Parents who fail to pay on time face legal action.
Consequences for Missed Payments
- Wage Garnishment: The court may take payments directly from the parent’s income, tax refunds, or bank accounts.
- License Suspension: The state can suspend driver’s licenses, professional licenses, and hunting or fishing licenses.
- Contempt of Court: A parent who repeatedly ignores payments may face fines or jail time.
The Office of the Attorney General monitors payments and takes action against parents who fall behind.
How to Modify a Child Support Order
Life changes may require adjustments to child support. Texas law allows modifications under certain conditions.
Reasons to Request a Modification
- A significant change in income
- A change in the child’s medical or educational needs
- A shift in custody arrangements
- The passing of three years since the last review, with at least a 20% or $100 difference in calculated support
How to Request a Modification
Parents can file a request through the Office of the Attorney General or go through the courts. The requesting parent must provide proof of the change that justifies the modification.
Medical and Health Insurance Requirements
Texas law requires parents to provide medical support for their children. Courts include health insurance and medical expenses in child support orders.
Who Pays for Health Insurance?
The paying parent usually provides health insurance if coverage is available at a reasonable cost. If that parent cannot provide coverage, the custodial parent or the state may arrange for it.
Uncovered Medical Expenses//
Parents must also share costs for medical expenses not covered by insurance, such as copays, prescriptions, and dental care. Courts divide these costs based on financial ability.
How to Establish Child Support in Texas
Parents can establish child support through different legal processes.
Child Support Through Divorce
If parents divorce, the court includes child support in the final divorce decree. Parents must follow the court’s support order.
Child Support for Unmarried Parents
Unmarried parents must establish paternity before the court orders child support. Paternity can be established through:
- Acknowledgment of Paternity (AOP) signed by both parents
- DNA testing ordered by the court
Once paternity is confirmed, the court issues a support order.
What to Do If the Other Parent Refuses to Pay
Parents struggling to collect child support can take legal action. The Texas Attorney General’s Office helps enforce orders.
Steps to Enforce Child Support
- File a complaint with the Texas Attorney General’s Office.
- Request wage garnishment or seizure of assets.
- Ask the court for enforcement measures, including jail time for nonpayment.
Courts take nonpayment seriously and offer different ways to recover overdue support.
Conclusion
Texas law holds both parents responsible for financially supporting their children. The state calculates child support based on income and enforces orders through wage withholding and penalties. Parents who need adjustments must request modifications through legal channels. Courts also require health insurance coverage and shared medical costs. Understanding these laws helps parents meet obligations and protect their children’s well-being.
Other Related Articles
- Teen Parents in Texas: A Guide to Child Custody and Support
- Understanding Child Support Guidelines in Fort Worth Texas
- How to Terminate Child Support Arrears in Texas: A Step-by-Step Guide
- How to win an above guidelines level of child support in Texas
- Navigating Child Support Modifications: A Comprehensive Guide
- Exploring What Is the Best Way to Pay Child Support in Texas: A Parent’s Guide
- How to Modify a Child Support When You Need Above Guidelines Support in Texas
- Child Support in Texas: From Guideline Levels to Ending Obligations and Everything In Between
- Child Support Laws in Texas: A Comprehensive Guide
- Can a Texas family court reduce an above guidelines child support obligation in an out-of-state Order?
FAQs on Child Support in Texas
Factors include the non-custodial parent’s income, number of children, health insurance expenses for the child, and any special educational or healthcare needs the child may have.
The court may base the child support obligation on the father’s potential income. It considers his previous work history, education, and the job market. However, this is only the case unless evidence is presented showing a genuine effort to find employment.
Fathers have the right to seek custody or visitation. They can also be involved in their child’s life and make decisions regarding their child’s education, health care, and religious upbringing. However, these rights are subject to the court’s determination of the child’s best interests.
The maximum child support guideline amount is based on the payer’s monthly net resources up to $9,200. The actual amount depends on the number of children and specific circumstances.
