Understanding Child Support in Texas
Child support plays a crucial role in ensuring that children receive the financial resources they need from both parents, promoting their well-being and stability. In Texas, the Family Code provides guidelines for calculating child support payments, which are primarily based on the non-custodial parent’s income and other relevant factors.
This article will help you understand how child support is calculated, factors that may affect the amount, and the process for modifications or enforcement. By the end of this blog, you’ll have a clear understanding of how child support works in Texas.
How is Child Support Calculated?
In Texas, both parents have a legal duty to provide support for a child. Based on this legal obligation, a person can be ordered to pay child support. Typically, a child support obligation is created upon the separation of the child’s parents. The parent who the child lives with is referred to as the custodial parent. The parent who does not live with the child daily is referred to as the noncustodial parent.
Child support in Texas is calculated using a set of guidelines to ensure fairness and consistency. Here’s how the process generally works:
1. Determine Net Monthly Resources
The first step in calculating child support is determining the noncustodaial parent’s net monthly income. This includes:
- Wages and salary
- Self-employment earnings
- Bonuses, commissions, and overtime
- Rental income
- Dividends and interest
2. Deduct Allowable Expenses
Certain expenses are deducted from the total income, including:
- Federal income tax
- Social Security and Medicare taxes
- Health insurance premiums for the child
- Union dues
3. Apply Texas Percentage Guidelines
The Texas Family Code establishes standard percentage guidelines to calculate the child support amount based on the number of children receiving support:
- 20% for one child
- 25% for two children
- 30% for three children
- 35% for four children
- 40% for five or more children
These percentages apply to net monthly resources, up to a cap of $9,200 per month as of 2023. For parents with higher income, the court may order additional support based on the child’s needs.
Additional Factors That May Affect Child Support
While the guidelines are a good starting point, other factors may affect the amount of child support required.
1. Special Needs or Extraordinary Expenses
If the child has medical conditions, disabilities, or special educational needs, the court may require additional support to cover these expenses.
2. Additional Children
If the paying parent is supporting children from another relationship, the child support percentage may be adjusted to account for multiple financial obligations.
3. Parental Agreements
Parents can agree to higher or lower child support payments than the guideline amount, but the court must review the arrangement to ensure that it serves the child’s best interests.
Health Insurance Requirements
Texas law mandates that child support orders include provisions for health insurance which includes both medical and dental coverage. The paying parent is typically responsible for:
- Providing health insurance coverage for the child OR reimbursing the custodial parent for medical insurance premiums if the custodial parent provides coverage
- 50% of all expenses that are not covered by insurance (the other 50% is the responsibility of the custodial parent such that both parents are equally liable)
When Can You Request a Modification?
Child support orders can be modified if there is a significant change in circumstances, such as:
- Job loss or a significant change in income
- Changes in custody arrangements
- Increased medical or educational expenses for the child
- Life changes such as a move or the birth of another child
Additionally, child support orders are subject to review/modification every three years if the new child support obligation would change by at least 20% or $100.
To modify an existing child support order, a parent must file a petition with the court and provide evidence to support the need for a change.
Enforcement of Child Support Orders
When a parent fails to pay the required child support, there can be serious legal consequences. These can include:
- Wage Garnishment – Automatic deductions from the paying parent’s paycheck.
- Suspension of Licenses – Suspension of driver’s and professional licenses.
- Bank Account Seizures – The court can seize funds directly from a parent’s bank account.
- Contempt of Court Charges – Non-payment may result in legal action for contempt of court.
At CG LAW PLLC, we assist parents in enforcing child support orders to ensure compliance and protect the financial security of children.
Common Myths About Child Support in Texas
There are many misconceptions about child support that can cause confusion. Here are some of the most common myths:
1. “Child support is tied to visitation rights.”
False – Child support and visitation are separate legal matters. One parent cannot withhold visitation due to non-payment, and vice versa.
2. “Only fathers pay child support.”
False – Both mothers and fathers can be ordered to pay child support, depending on custody arrangements.
3. “Child support ends at age 18.”
False – In Texas, child support generally continues until the child graduates from high school or reaches the age of 18, whichever occurs later. If the child has special needs, child support may continue beyond that.
Get Legal Support for Child Support Matters
Understanding Texas child support laws can be complex, but having the right legal guidance ensures that payments are fair and meet the child’s needs. Whether you need assistance calculating support, modifying an order, or enforcing payments, CG LAW PLLC is here to help.
📞 Schedule a Consultation Today: www.cglawtx.com
Ensure your child receives the financial support they deserve—contact CG LAW PLLC today.
