Texas Child Support 101: Family Lawyer Answers Your Top Questions

After any divorce with children, child support is one of the key topics that parents stress over. This article covers all the child support basics by answering Texas parents’ most asked questions, including:

1. How child support is calculated in Texas, including for shared custody situations.
2. What expenses are covered by child support, and which parents have a say in how it is spent.
3. How to modify and enforce child support orders in Texas.

What Is Child Support?

While most divorcing parents are already aware of what child support is, some may not have ever had to really grasp this concept before. Fortunately, it’s quite simple: child support is an amount of money that the court orders one parent to pay the other to help cover the costs of raising and caring for a child.

How Is Child Support Calculated In Texas?

In Texas, child support is calculated based on each parent’s net resources and the number of children involved. This includes both children from the current relationship and any children either parent has from other relationships outside the divorce.

After determining each parent’s net monthly income, Texas law sets a standard percentage that the non-custodial parent will pay to the custodial parent. These percentages serve as a guideline for calculating the monthly child support obligation:

• 1 child = 20%
• 2 children = 25%
• 3 children = 30%
• 4 children = 35%
• 5 children = 40%
• 6 or more children = not less than the amount for 5 children

If either parent has additional children outside the current case, these percentages may be adjusted accordingly.

This system aims to ensure that child support contributions are fair, considering the financial responsibilities of both parents.

Will Child Support Be Awarded To The Primary Parent During The Divorce Process?

Child support payments are not automatically ordered during the divorce process. Often, the Court will order a parent to pay child support on a case-by-case basis through temporary orders while the divorce is ongoing. Later on, the need for payments can then be re-visited as part of the final orders or at a trial.

How Does Shared Custody Impact Child Support In Texas?

While it might seem logical that shared custody would eliminate the need for child support since both parents are contributing to the child’s care, this is not automatically the case. The court considers various factors when determining child support, and a shared custody arrangement is just one of many.

There is no requirement that the court reduce the amount of child support owed because of a shared custody arrangement.  However, it is often a bargaining tool used by mediators and attorneys to help you and your ex-spouse reach an amicable resolution that is best for all parties involved, especially the children.

Attorney Christina Perrone is a skilled Texas family law lawyer who used to serve as a 911 operator and now helps families build strong relationships and find balanced and fair outcomes after divorce. She has helped countless clients from all walks of life navigate the intricacies of child support and child custody laws and now writes to help couples and families reach better outcomes for themselves and their children.

Still have questions about your child support situation? Need any other family law advice or support? Contact The Perrone Law Firm today to schedule an initial consultation.

Texas sets a statutory cap on child support to prevent the payments from becoming overly burdensome for high-income earners.

If a parent’s net monthly income exceeds $9,200, the state guidelines cap the child support calculation as if the parent earns $9,200 per month, regardless of actual income.

Based on the standard child support percentages, this means the maximum guideline child support payments for high-income earners are:

• $1,840 per month for 1 child
• $2,300 per month for 2 children
• $2,760 per month for 3 children
• $3,220 per month for 4 children
• $3,680 per month for 5 or more children

This cap helps balance the support obligations without placing an undue financial strain on high-income parents while still ensuring that children receive appropriate support.

What Expenses Are Covered By Child Support? Can I Have Any Say In How It Is Spent?

Child support is meant to cover all expenses needed to raise and care for a child. For this reason, there may be special provisions in the court orders for health insurance, dental insurance, daycare reimbursements, tuition costs, or extracurriculars.

If there are no special provisions for the payment of those expenses, then the parent incurring the cost is obligated to pay them. If that parent is receiving child support, it is up to them to decide whether the funds from child support payments are used to do so.

In any case, the paying parent cannot “earmark” child support dollars for specific expenses, nor contest the other parent’s use of the child support payments unless there is evidence of neglect or abuse.

Can I Modify A Child Support Order In Texas?

Child support orders can be modified, but only in very specific circumstances.

Doing so requires proving a substantial change in your income or the overall situation to the court, so it is best to visit with a family law attorney to determine if your case meets the requirements necessary for a modification request.

On this note, it is important to remember that your support obligation continues to accrue until a court order modifies it, so missed payments will still be demanded and penalties applied if they are not paid.

Can I Enforce A Child Support Order In Texas If A Parent Fails To Pay?

Unfortunately, sometimes a parent will just refuse to pay child support even when a court orders them to do so. If this happens to you, a motion to enforce payment of child support can be brought in the same court that ordered the child support payments.

The court will then pursue the defaulting parent for the amount owed and send the funds to you once they are obtained. Beyond this, enforcement can include other penalties, such as being held in contempt of the court, which may result in jail time.

Do You Have Any Questions About The Amount Of Child Support You Will Receive Or Have To Pay In Texas?

For more information on The Basics Of Texas Child Support, an initial consultation is your best way to get clear and personalized answers adapted to your situation. Get the information and guidance you need by calling (903) 964-1122 today.