Ensuring the financial well-being of a child is one of the most important responsibilities a parent can carry, yet when families separate, navigating the legal system to meet this obligation can become complex and emotionally challenging. In the State of Texas, child support is more than a monthly payment; it is a legal framework designed to protect the best interests of the child while promoting fairness and accountability between parents.
It’s no matter if you are initiating a support order, modifying an existing agreement, or seeking enforcement of unpaid obligations, a clear understanding of Texas child support law is essential. Governed by the Texas Family Code and administered through the Office of the Attorney General, this system provides structured guidance on how support is calculated, implemented, and adjusted over time.
The Legal Foundation of Child Support in Texas
In the State of Texas, child support is a legally enforceable obligation codified in the Texas Family Code Chapter 154. Both parents, regardless of marital status, are responsible for contributing to the financial upbringing of their children. Child support is intended to provide for essential needs such as housing, clothing, nutrition, healthcare, and education.
This legal responsibility generally continues until the child reaches 18 years of age or graduates from high school, whichever occurs later. In circumstances where the child is physically or mentally disabled and unable to become self-supporting, the obligation may continue indefinitely, subject to court approval. These provisions ensure that the child’s welfare remains paramount, even as parental relationships change.
Determining the Amount
Texas employs a guideline formula known as the “percentage-of-income” model to determine a parent’s child support obligation. This formula calculates support based on the net monthly resources of the obligor, or the parent who does not have primary custody. The guideline percentages are prescribed by statute and increase in accordance with the number of children for whom support is owed.
As established in Texas Family Code § 154.125, the standard percentages are as follows: 20% of net income for one child, 25% for two children, 30% for three, 35% for four, and 40% for five or more. These guidelines are presumed to be appropriate in most cases unless either parent presents evidence to justify a deviation.
Importantly, these percentages apply to the first $9,200 of the obligor’s net monthly income. This income cap, which is adjusted periodically to account for inflation, limits the maximum amount that can be ordered under the standard calculation. For income exceeding the cap, courts may award additional support only if it is shown that the child has proven needs beyond the amount already calculated.
What Constitutes Net Monthly Resources?
Net resources serve as the foundation of the child support calculation and are defined comprehensively in Texas Family Code § 154.062. The statute includes within net resources all income actually received by the obligor from various sources, such as wages and salary, commissions, self-employment income, interest, dividends, rental income, and retirement benefits. Earnings from nontraditional work, such as gig economy jobs and freelance assignments, are also counted.
From this gross income, specific statutory deductions are made to determine net income. These include federal income taxes, Social Security taxes, union dues, and the cost of health and dental insurance coverage for the child. Unlike some jurisdictions, Texas does not allow deductions for discretionary expenses such as voluntary retirement savings, charitable contributions, or luxury insurance plans.
In the case of self-employed individuals, courts will examine profit and loss statements, business expenses, and other financial documents to assess true earnings. Courts are particularly vigilant to ensure that deductions claimed for tax purposes are not improperly inflated to reduce support obligations.
Initiating the Child Support Process
The process of establishing a child support order typically begins with the filing of a petition in a district court or through an application to the Office of the Attorney General’s Child Support Division. Either parent may initiate the case, and in some instances, the Attorney General may do so on behalf of the child, particularly if the custodial parent is receiving state benefits such as Medicaid or Temporary Assistance for Needy Families (TANF).
Once initiated, the court will conduct a review of both parents’ financial circumstances and issue a formal child support order. This order includes the support amount, the frequency and method of payment, and any additional responsibilities related to health insurance or medical expenses. Wage withholding is a standard enforcement mechanism, meaning payments are automatically deducted from the obligor’s paycheck, thereby reducing missed or late payments.
Addressing Medical Support and Insurance
Medical support is a statutory requirement in Texas and is addressed in Texas Family Code § 154.181. Courts are required to ensure that children have access to adequate health insurance coverage. If a parent has employer-sponsored insurance available at a reasonable cost, that parent will likely be ordered to enroll the child. If neither parent has access to affordable coverage, the court may order participation in a public health plan or require reimbursement for premiums purchased through third-party providers.
Uninsured medical expenses, including copayments, deductibles, prescriptions, dental procedures, and emergency care, are typically apportioned between the parents based on their respective incomes. These costs are in addition to the monthly support obligation and must be clearly documented and reimbursed in accordance with the support order or subsequent agreement.
Special Considerations and Deviations
While the statutory guidelines are presumed to be appropriate in most cases, courts have the discretion to deviate from these standards when the circumstances warrant. As outlined in § 154.123, judges may consider a variety of factors, including but not limited to the age and needs of the child, educational expenses, childcare costs, travel expenses related to visitation, and each parent’s financial condition, including assets and liabilities.
For example, if a child has a chronic medical condition or attends a private educational institution with substantial tuition fees, a court may determine that support exceeding the guidelines is necessary. Conversely, if a parent has significant debt obligations or supports children from a different relationship, a reduction in the guideline amount may be justified.
In each instance, the party seeking the deviation must provide clear evidence, and the court must issue written findings explaining the basis for the modification.
Modifying and Enforcing Child Support Orders
Child support orders are not static and may be modified if there is a material and substantial change in circumstances. Common grounds for modification include a change in either parent’s income, the loss of employment, a change in custody or visitation, or increased financial needs of the child. Requests for modification may be made through the courts or through a review process offered by the Attorney General’s Child Support Division.
Enforcement of child support orders is taken seriously in Texas. The Attorney General has broad powers to ensure compliance, including wage garnishment, seizure of tax refunds, suspension of driver's and professional licenses, and reporting to credit agencies. In severe cases, a noncompliant parent may be held in contempt of court, which can result in fines or incarceration.
Rights and Obligations of Parents
Each parent has defined rights and obligations under Texas child support law. The obligor is legally responsible for making timely and full payments in accordance with the court’s order. They are also entitled to clear communication regarding the calculation and distribution of payments, which can be accessed through the Child Support Interactive portal.
The custodial parent, often referred to as the obligee, has the right to receive payments consistently and to request enforcement action if support is not paid. They are also expected to use child support funds for the benefit of the child and to communicate any changes in the child’s circumstances that could affect the support order.
Key Takeaways
- Child support in Texas is governed by the Texas Family Code and aims to ensure both parents contribute financially to their child’s well-being, regardless of marital status.
- Support is calculated using a percentage-of-income model, with guideline percentages based on the number of children and capped at $9,200 in net monthly resources.
- Net resources include a broad range of income, such as wages, self-employment earnings, and investment returns, with deductions allowed for taxes and health insurance premiums for the child.
- Medical support is mandatory, and courts may order one or both parents to provide health insurance and share uninsured medical expenses proportionally.
- Courts may deviate from guideline amounts based on the child’s proven needs or special circumstances, such as high medical costs or significant travel expenses for visitation.
- Support orders can be modified if there is a material and substantial change in circumstances, such as job loss or changes in custody.
- Texas enforces child support strictly, using mechanisms such as wage withholding, tax refund interception, and license suspensions to collect overdue payments.
- The Texas Attorney General’s Office provides extensive administrative support, including order establishment, payment tracking, enforcement services, and an official online calculator.
- Both parents have legal rights and responsibilities, and fulfilling these obligations is not only a matter of legal compliance but a direct investment in the child’s stability and future.