If you share a child with your former spouse or partner, it is important to understand the definition of child support in Texas and how it may apply to your situation. Child support is not optional; it is a legal obligation designed to help cover a child’s basic needs. The amount ordered is typically based on state guidelines, but individual circumstances can affect the final calculation.
Whether you are seeking support, responding to a request, or asking the court to modify an existing order, clear guidance can make the process less stressful. Parents can find reliable legal assistance for child support and related family law matters at The Law Office of Katy M. Lovett, PLLC.
As an experienced Round Rock child support lawyer, Katy M. Lovett represents both the custodial parent and the non-custodial parent in child support matters. If you need help with an initial child support order, want to modify court ordered child support, or need to enforce child support payments, contact Attorney Lovett. Call (512) 956-5356 or use the online contact form to schedule a consultation.
What is Child Support in Texas?
Child support refers to payments made by one or both parents to provide actual support for their child. Under the Texas Family Code, child support in Texas exists to financially support children after a divorce or separation. Texas child support laws establish guidelines to ensure children receive financial resources for basic needs, schooling, health insurance, medical and dental support, and other child care expenses.
Each child support obligation supports the parent-child relationship and promotes stability after divorce.
How Does Child Support Work in the State of Texas?
Texas child support laws require one or both parents to financially support their children after divorce or separation. Courts issue a child support order that outlines each parent’s support obligation. In most cases, the non-custodial parent must pay periodic child support payments to the custodial parent.
If parents share equal child visitation time, one parent may still be ordered to pay the other parent child support. Courts calculate child support based on factors including income and parenting time. Because support depends on custody arrangements, guidance from a Round Rock child custody lawyer can help protect your rights.
Texas courts review financial resources and issue court-ordered child support based on statutory guidelines. The paying parent must follow the terms outlined in the order. The Texas Attorney General’s Office oversees enforcement through its child support division.
The child support division can take action if a parent fails to pay support. Enforcement may include wage withholding and other remedies allowed under Texas law.
What is Child Support Based On in Texas?
Child support in Texas is based on the paying parent’s average monthly gross income and the number of children involved. Courts review the parents’ income to determine how much child support should be paid.
The amount of child support may change if the paying parent already has other child support obligations. Texas courts consider financial resources and existing support obligations when they calculate child support.
Child support is also based on factors that may affect the child’s needs or the parent’s ability to pay support. In some cases, the court may evaluate additional financial information before issuing a child support order.
How is Child Support Calculated in Texas?
Child support usually consists of a certain percentage of the paying parent’s income. When calculating child support, Texas courts must figure out the obligor’s net resources, which include all monthly income minus certain obligations. For example, if the paying parent also covers medical or dental insurance for their children, courts can deduct that amount from their monthly net resources. The guidelines for support may vary due to certain factors, such as cases involving multiple children or parents with particularly low incomes. Monthly child support payments are capped at a maximum of $11,700 monthly net resources, or about $190,000 annual gross income.
Texas Child Support Guidelines Explained
The number of children covered by child support can affect how much child support a parent owes. Typically, Texas’s percentage-based framework requires the following amounts:
- 20% of monthly net income for 1 child
- 25% of monthly net income for 2 children
- 30% of monthly net income for 3 children
- 35% of monthly net income for 4 children
- 40% of monthly net income for 5+ children
Texas also has Multiple Family Adjusted guidelines to account for parents who have multiple court-ordered child support obligations. For example, if a parent already pays child support for one child, additional child support for one more child would decrease from 20% to 17.5% of their income. These guidelines promote consistency across child support cases in Texas.
Income Considered for Child Support Calculations
When courts calculate child support, they review the paying parent’s gross income and financial resources. Judges must compute net monthly income before applying the Texas child support guidelines.
Gross income includes wages, salary, commissions, bonuses, and overtime. It also includes unemployment benefits, workers’ compensation benefits, and social security benefits.
Self-employment income and business income count toward gross income. Net rental income must also be included for child support purposes.
To calculate net resources, courts subtract certain deductions from gross income. These deductions include federal income tax, social security taxes, and health insurance premiums. Parents must still pay Social Security taxes and federal income tax when computing monthly net resources.
Income that is not subject to child support withholding under Texas law includes Supplemental Security Income and certain public assistance benefits.
Expenses Child Support is Intended to Cover
Child support in Texas is intended to provide actual support for a child’s daily needs. These payments help financially support children after divorce or separation.
Child support typically covers:
- Basic child care expenses such as food, clothing, and housing
- School related expenses and educational supplies
- Medical support, including health insurance premiums
- Dental support and necessary dental insurance coverage
- Uncovered medical and dental expenses
- Child care costs related to work or school
However, the party receiving child support is not required to provide an accounting or keep track of specific expenses that party spends child support on.
A child support order may require one parent to maintain health insurance and dental insurance. Courts may also allocate uncovered expenses between both parents. Child support paid helps maintain stability in the parent-child relationship. These payments promote the child’s well-being and financial security.
When Courts May Deviate From Texas Child Support Guidelines
Texas courts generally apply the Texas child support guidelines when calculating support. In certain situations, the court may deviate from those guidelines.
Child support may change if a child has special needs or a mental or physical disability. Courts may also adjust support for a disabled child who requires ongoing care. In these cases, the amount of child support may exceed standard guideline percentages.
Income levels can also affect support in Texas. A parent with unusually high or low financial resources may see a different support obligation. If an unemployed or underemployed obligor earns below typical levels, the court may adjust child support based on earning capacity.
Courts may also consider additional child care costs, medical support needs, or agreements between parents. Judges focus on the child’s best interests when reviewing these factors.
How Long Does Child Support Last in Texas?
In most cases, child support ends when the child graduates from high school or turns 18. Rarely, parents may be required to continue paying support for adult children. Extended support can apply to cases involving disabled children with special care needs. Alternatively, parents may have included an agreement to provide for a child’s college expenses as part of their divorce settlement. Emancipation, a change in physical custody, or the termination of parental rights may end child support early.
Modifying Child Support Orders in Texas
Texas law allows parents to modify court-ordered child support orders when there is a material and substantial change to their circumstances. Modifications may become necessary due to a change in financial resources, such as when the non-custodial parent’s income increases or decreases. Support may require adjustment if the child’s medical insurance or care needs change. Courts can issue changes if children start living with a different parent. Texas law only allows modifications for orders that were established or modified more than three years ago. As a Round Rock, TX court order modification lawyer, Katy M. Lovett guides you through the modification process.
Enforcing Child Support Orders in Texas
If your child’s other parent fails to pay child support, you can seek enforcement through the Child Support Division of the Texas Attorney General’s Office or through a Texas child support enforcement lawyer. Potential penalties for missed payments include license suspension, passport denial, and liens on properties, bank accounts, retirement plans, and more. Courts may also order retroactive child support to cover missed payments. Acting quickly ensures that your child receives the support they deserve. Seek help from a Texas child support enforcement lawyer as soon as possible if the non-custodial parent isn’t paying child support.
Why Understanding Child Support Matters for Texas Parents
Child support can be a contentious and complicated matter, so it is important to hire a professional lawyer. Attorney Lovett has the experience and knowledge to help you understand how child support works in Texas. She will guide you through financial planning that accounts for your children’s particular needs. Her legal services can also help parents avoid disputes and enforcement actions. Katy M. Lovett is dedicated to protecting parental rights and responsibilities.
Speak With Williamson County Child Support Attorney Katy M. Lovett Today
Don’t wait to get guidance from a professional Texas family law attorney. Katy M. Lovett offers legal support for child support calculations, modifications, and enforcement. As a Williamson County child support attorney, she ensures that all child support plans comply with the Texas Family Code. No matter your circumstances, Attorney Lovett provides clear, personalized advice about your child support concerns.
To schedule your consultation with the Law Office of Katy M. Lovett, PLLC, call (512) 956-5356 or use the online contact form.
