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Raising a child comes with continuous financial responsibilities, and those obligations don’t end with divorce or separation. In Texas, both parents are legally required to contribute, and the state uses a structured formula to determine child support costs and requirements. These calculations are based on income, parenting time, healthcare expenses, and other key factors tied to the child’s well-being. Parents often have questions about how much they’ll pay or receive, and knowing how the system works can make a major difference. Understanding the guidelines helps reduce conflict, ensure compliance with court orders, and most importantly, provide consistent support for the child’s needs.
Understanding Child Support in Texas
Child support laws in Texas follow clear rules that apply to most family court cases involving children. Courts use specific guidelines to calculate how much support one parent must pay. This amount helps cover basic needs such as food, housing, clothing, education, and medical care. The goal is to provide financial stability for the child after a separation or divorce.
Who Pays Child Support?
In most cases, the noncustodial parent must pay child support. This parent usually spends less time with the child and does not provide the primary home. Texas law considers the custodial parent the one who has physical custody of the child most of the time. Courts expect the noncustodial parent to contribute financially since the custodial parent often handles more daily expenses.
The Texas Family Code refers to the paying parent as the “obligor” and the receiving parent as the “obligee.” These labels help courts manage legal paperwork and set responsibilities. Even if parents share custody or have joint conservatorship, one may still owe support if the other takes care of the child more often.
How Texas Calculates Child Support
Texas follows strict guidelines when calculating child support. These rules focus on a percentage of the paying parent’s monthly income. The court uses a standard formula to determine how much support is appropriate.
Standard Percentage Guidelines
Texas applies the following percentages based on the number of children:
- 1 child: 20% of the net monthly income
- 2 children: 25%
- 3 children: 30%
- 4 children: 35%
- 5 or more: 40%
This formula only applies if the parent has no other children to support. If the parent has other children from different relationships, the percentages may be lower. The court still wants each child to receive adequate support without causing unfair hardship on the paying parent.
What Counts as Income?
Texas considers several types of income when calculating support:
- Salary and hourly wages
- Bonuses and commissions
- Overtime
- Rental income
- Self-employment earnings
- Retirement benefits
- Unemployment and disability benefits
The court looks at the gross income first. Then it subtracts certain deductions like Social Security taxes, federal income tax, and the cost of health insurance for the child. The result is the parent’s net income, which determines the support amount.
If a parent is unemployed or underemployed, the court may assign a reasonable earning potential. They do this to avoid unfair reductions when a parent chooses not to work or intentionally lowers their income.
Basic Costs Covered by Child Support
Child support should cover everyday needs. Courts expect it to go toward the child’s well-being. Texas does not require detailed accounting unless the parties ask for it, but parents should know what this money typically supports.
Common Expenses Child Support Helps With
- Housing: Rent, mortgage, utilities, and household supplies
- Food: Groceries and school meals
- Clothing: Everyday clothes, seasonal items, shoes
- Education: School supplies, fees, uniforms
- Medical care: Routine checkups, prescriptions, and dental visits
- Transportation: Gas, car maintenance, public transport, or car insurance related to the child
Child support does not always cover extracurricular activities or vacations. If both parents agree to share those costs, they may include them in the court order or a separate agreement.
Health Insurance Requirements
Texas law requires parents to provide medical and dental insurance. Usually, the court assigns this duty to the parent who can access affordable coverage. That parent must keep the child on the plan and pay premiums.
If neither parent can afford insurance, the court may order both to apply for government-funded coverage like Medicaid or CHIP. In addition to premiums, the paying parent must cover part of the uninsured medical and dental costs. These can include copays, deductibles, and bills not covered by insurance.
Modifying a Child Support Order
Life changes, and child support orders can change too. Texas allows either parent to request a review of the amount under certain conditions. You must file a formal request with the court to change the payment amount. This process is called a modification.
When Can You Request a Modification?
Courts usually allow a modification if:
- It has been three years since the last order, and the new amount would differ by 20% or $100
- There has been a significant change in circumstances, such as:
- Job loss
- Increase in income
- Medical issues
- A new child from another relationship
- Change in custody or parenting time
You must show proof of the change to support your request. The court will review the facts and decide based on the child’s best interest.
How to Pay Child Support in Texas
The Texas Office of the Attorney General (OAG) manages child support payments. Most parents must send payments through the State Disbursement Unit (SDU). This system helps track payments and protects both parents in case of disputes.
Common Payment Methods
- Wage withholding: Automatic deductions from the obligor’s paycheck
- Online payment: Using the OAG Child Support Interactive website
- Phone: Payments through authorized phone systems
- Mail: Checks or money orders sent to the SDU
Avoid making payments directly to the other parent unless the court allows it. Direct payments may not count toward your legal obligation and can cause confusion.
What Happens if You Don’t Pay?
Failing to pay child support comes with serious consequences. Texas takes nonpayment seriously and offers several ways to enforce court orders.
Possible Penalties for Missed Payments
- Wage garnishment
- Seizure of tax refunds or lottery winnings
- Suspension of driver’s or professional licenses
- Negative credit reporting
- Jail time in severe cases
The Attorney General’s office may also charge interest on unpaid support. These penalties can add up quickly, so it’s better to address issues before falling behind. If you lose a job or face financial hardship, ask the court for help right away.
Tips for Parents Receiving Support
While the court helps enforce payment, the receiving parent should still track funds and expenses. Keeping records helps build trust and accountability. It also helps in case of disputes.
- Record dates and amounts of each payment
- Keep receipts for child-related purchases
- Communicate in writing when possible
- Keep a copy of the court order in a safe place
These small steps can prevent arguments and show that the funds support the child’s needs.
Key Takeaways on Texas Child Support Costs & Requirements
Understanding child support costs and requirements in Texas is essential for any parent navigating separation or divorce. The law prioritizes the child’s best interests by considering each parent’s income, healthcare expenses, and specific needs of the child. Whether you’re the paying or receiving parent, knowing what counts as income, what expenses are included, and how to request modifications ensures smoother compliance and fewer disputes. Tools like the Texas child support calculator and professional legal advice can offer clarity tailored to your situation. While each case is different, the state’s guidelines aim to ensure fairness, stability, and consistent support for children across Texas.
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Child Support in Texas 2023: Frequently Asked Questions
As of 2023, the Texas child support law allows for the consideration of both parents’ income in the child support calculation. Also, Texas has raised the maximum limit on the net resources amount used to calculate child support from $8,550 to $9,200 per month.
In Texas, as of 2023, the child support for three children is typically 30% of the non-custodial parent’s net income. However, the upper limit is based on the first $9,200 of the parent’s net monthly income.
Even with 50/50 custody, one parent might still have to pay child support in Texas. This usually occurs when there is a significant disparity in the incomes of the parents.
The maximum child support in Texas caps based on the first $9,200 of the payer’s net monthly resources. Circumstances warranting higher support can exceed this cap if the child has special needs or circumstances.
Yes, child support may increase if the paying parent’s salary increases. Either parent can request a review of the child support order if there’s been a material and substantial change in circumstances, which can include an increase in the payer’s income.
