Child support is one of the most important—and frequently contested—issues in family law cases. Whether you are the parent paying support or the one receiving it, understanding how child support is calculated, enforced, and modified in Texas can help you protect your rights and the well-being of your children. This blog post offers a comprehensive overview of child support in Texas under the Texas Family Code, Chapter 154.
What Is Child Support?
In Texas, child support is a legal obligation for a parent to provide financial assistance for their child’s needs, including housing, food, clothing, education, and medical care. The obligation typically continues until the child turns 18 or graduates high school, whichever occurs later. Support may continue indefinitely for a child who is disabled.
Texas law presumes that the non-custodial parent (the parent who does not have primary physical custody) will pay child support to the custodial parent (the parent with whom the child primarily resides).
Legal Basis: Chapter 154 of the Texas Family Code
Child support in Texas is governed by Chapter 154 of the Texas Family Code. The statute outlines everything from how child support is calculated to how it can be enforced or modified. The law aims to ensure that children receive adequate financial support from both parents after a separation or divorce.
How Is Child Support Calculated in Texas?
Texas uses a guideline-based system to determine child support amounts, which are applied to the obligor’s (paying parent’s) net resources.
Step 1: Determine Net Resources
“Net resources” include:
- Wages and salary (including overtime, tips, and bonuses)
- Self-employment income
- Rental income
- Retirement benefits
- Unemployment benefits
- Workers’ compensation
Excluded from net resources:
- Return of capital
- Accounts receivable
- Government assistance (e.g., SSI, TANF)
To calculate net resources, the court subtracts:
- Federal income tax
- Social Security tax (or self-employment tax)
- Union dues
- Health insurance premiums for the child
Step 2: Apply the Guideline Percentages
Under the TEXAS FAMILY CODE, Texas applies the following guideline percentages to the obligor’s net monthly resources (up to a cap, which is adjusted every six years):
- 1 child: 20%
- 2 children: 25%
- 3 children: 30%
- 4 children: 35%
- 5 children: 40%
- 6+ children: Not less than 40%
Deviation from the Guidelines
While guideline support is presumed to be in the child’s best interest, courts can deviate based on several factors listed in the Texas Family Code, such as:
- The child’s age and needs
- Each parent’s ability to contribute
- Educational costs
- Extraordinary health care expenses
- Time of possession/access
- Other support obligations
- Travel expenses related to visitation
However, any deviation must be justified in the court’s findings and included in the written order.
Medical and Dental Support Requirements
Texas law requires both parents to provide for the child’s medical and dental needs. The obligor is generally ordered to:
- Provide health and dental insurance or;
- Reimburse the cost of coverage provided by the other parent; and
- Pay cash medical or dental support if insurance is unavailable
These payments are in addition to regular child support and are considered mandatory under the Texas Family Code.
Duration of Child Support
Under the Texas Family Code, child support in Texas continues until the earliest of:
- The child’s 18th birthday or graduation from high school, whichever is later;
- The child’s emancipation by marriage, court order, or military enlistment; or
- The child’s death.
Child support may continue indefinitely if the child is disabled and unable to support themselves.
Enforcing Child Support Orders
Child support orders are enforceable by law through various means. Texas Courts, as well as the Office of the Attorney General (OAG), can enforce child support orders by:
- Wage garnishment
- License suspension (driver’s, professional, hunting/fishing)
- Tax refund interception
- Liens on bank accounts and property
- Contempt of court (jail time or fines for willful non-payment)
Failure to pay child support can have serious consequences, including criminal charges in extreme cases.
Modifying Child Support Orders
Either parent can request a modification of child support under the Texas Family Code if:
- A material and substantial change in circumstances has occurred since the last order (e.g., job loss, medical issues, changes in custody), or
- It has been three years since the last Order, and the current support differs by at least 20% or $100 from the guideline amount
Modifications must be requested through the court. Informal agreements between parents are not legally binding unless incorporated into a court order.
Retroactive Child Support
A Court may order retroactive child support under the Texas Family Code if a parent has not paid support prior to the formal court order, particularly in cases where the parent was aware of their obligation but failed to act.
Courts consider:
- Whether the parent knew or should have known about the child
- Whether the obligor attempted to support the child
- The financial situation of both parents
- Whether there would be undue hardship
The general limit is four years of retroactive support, but the court may exceed this in cases of intentional avoidance.
Termination and Overpayment
Support automatically ends when the obligation terminates (usually upon the child’s graduation or 18th birthday). However, if child support is paid through wage withholding, it is the paying parent’s responsibility to notify the employer and court once the obligation ends.
If a parent overpays, they may not automatically receive a refund unless a court orders it. To recover overpayments, a motion must be filed in court.
Frequently Asked Questions (FAQs)
Do I have to pay child support if I’m unemployed?
Yes. The court can impute income to an unemployed parent based on their earning capacity, education, and past employment.
What if the other parent refuses visitation?
Child support and visitation are legally separate issues. A parent cannot withhold child support due to the denial of visitation and vice versa.
Final Thoughts
Child support is a vital part of ensuring that children’s financial needs are met following a divorce or separation. Texas law provides a detailed framework under the Texas Family Code, but individual cases can be complex.
Whether you’re seeking support, defending against an excessive claim, or navigating enforcement or modification, it’s critical to work with a family law attorney who understands the Texas Family Code.
Anderson Legal Group has extensive experience fighting for proper and fair administration of child support orders in Texas. Contact us today to set up a free consultation to discuss your specific situation.