Child Support in Texas
Child support in Texas is a legal obligation designed to ensure that both parents contribute to the financial needs of their children, covering essentials like food, housing, clothing, education, and healthcare. Under Texas law, courts can order one parent—typically the parent who has visitation (or, as some refer to them, the non-custodial parent)—to make regular payments to the other parent who has primary residence of the child or children.
Child Support in Texas
This duty applies regardless of marital status, and support orders can arise from divorce, custody disputes, paternity cases, or protective orders. The amount is generally determined using statutory guidelines based on the paying parent’s net resources and the number of children involved, though courts may adjust for unique circumstances like special needs or shared parenting time. Payments are often handled through income withholding and directed to a state disbursement unit for tracking. Support typically continues until the child reaches adulthood or meets certain milestones but can extend in cases of disability. Parents are encouraged to work together on agreements, but all orders must prioritize the child’s best interests. If you’re navigating child support issues, consulting a family law attorney can help ensure compliance and fairness.
Texas Child Support Calculator
Texas provides tools, including online calculators from the Office of the Attorney General, to estimate child support obligations based on statutory guidelines in the Texas Family Code. These calculators factor in the paying parent’s (obligor’s) monthly net resources—calculated from gross income minus deductions like federal income taxes (based on a single filer with one exemption and standard deduction), social security taxes, state income taxes (if any), union dues, nondiscretionary retirement contributions, and costs for the child’s health or dental insurance. Gross income includes wages, bonuses, self-employment earnings, interest, dividends, rental income, and other sources, but excludes items like return of capital or certain public assistance benefits.
The guidelines apply a percentage to the obligor’s net resources, depending on the number of children before the court. For net resources of $1,000 or more per month, up to a cap (adjusted every six years for inflation; as of September 1, 2025, the cap is $11,700), the standard percentages are:
1 child: 20%
2 children: 25%
3 children: 30%
4 children: 35%
5 children: 40%
6 or more children: Not less than 40%
For example, if an obligor has monthly net resources of $5,000 and is responsible for one child, the guideline amount would be 20% of $5,000, equaling $1,000 per month. For two children with the same net resources, it would be 25% of $5,000, or $1,250 monthly. Another example: An obligor with $8,000 in net resources supporting three children would owe 30% of $8,000, or $2,400 per month.
If monthly net resources are less than $1,000, lower “low-income” percentages apply to avoid undue hardship:
1 child: 15%
2 children: 20%
3 children: 25%
4 children: 30%
5 children: 35%
6 or more children: Not less than 35%
For instance, with net resources of $800 and one child, support would be 15% of $800, or $120 per month.
For high-income earners whose net resources exceed the cap, the percentage is applied only up to the cap amount (e.g., 20% of $11,700 for one child is about $2,340), and courts may order additional support based on evidence of the child’s proven needs, such as extraordinary expenses, without exceeding those needs.
Adjustments may be made for multiple families (e.g., reducing percentages if the obligor supports children from other relationships), intentional underemployment (where earning potential is used instead of actual income), or other factors like childcare costs, travel for visitation, or special needs. In the absence of income evidence, courts presume earnings at the federal minimum wage for a 40-hour week.
While calculators offer estimates, actual court-ordered amounts can vary based on case-specific evidence, and guidelines are presumed reasonable but rebuttable. Laws and caps may change over time, so verify with current statutes or consult with our office for accurate, personalized calculations.
Enforcement and Wage Garnishment
When a parent fails to meet child support obligations, Texas law offers mechanisms to enforce payments and ensure children’s needs are met. Courts can issue income withholding orders, directing employers to deduct support directly from the paying parent’s wages—a common method known as wage garnishment. Other enforcement tools include intercepting tax refunds, placing liens on property, suspending licenses (such as driver’s or professional), or even pursuing contempt charges that could lead to fines or jail time. The Office of the Attorney General plays a key role in tracking and collecting overdue support, adding per annum interest to child support or medical support arrears, and modifying support orders, when appropriate. Incarceration for non-payment-related reasons may temporarily adjust obligations, but back support remains due. Recipients should document issues and seek legal help promptly to avoid escalation.
Medical Support and Health Insurance Obligations
In addition to basic child support, Texas requires parents to address their children’s healthcare needs through medical support orders. Courts typically mandate that one parent provide health insurance if available at a reasonable cost, often through employment or government programs. If insurance isn’t accessible, cash medical support may be ordered instead. Uninsured expenses, like deductibles and copayments, are shared between parents based on their financial situations. Dental support follows similar rules, ensuring coverage for routine and necessary care. Parents must notify each other of coverage changes and cooperate in enrollment. These obligations aim to protect the child’s well-being without overburdening either parent.
Termination of Support
Child support obligations in Texas generally end when a child reaches a certain age or achieves independence, but exceptions apply. Support typically terminates at age 18 or upon high school graduation, whichever comes later, unless the child emancipates earlier through marriage, military service, or court order. For children with disabilities requiring ongoing care, support may continue indefinitely. Other events like the child’s death or adoption after parental rights termination can also end the duty. If parents remarry, support may cease unless a third-party conservator is involved. Any outstanding arrears must still be paid after termination. Understanding these milestones helps parents plan for the future.
Modification of Child Support
Life changes can necessitate adjustments to child support orders, and Texas law allows for modifications under specific conditions. Courts may revise amounts if there has been a material and substantial change in circumstances, such as shifts in income, living arrangements, or the child’s needs. This could include job loss, relocation, new dependents, or changes in healthcare costs. Parents can agree to modifications, but they require court approval to be enforceable. For disabled children, extensions beyond standard termination ages are possible. Never alter payments unilaterally—seek a formal order to avoid penalties. Regular reviews ensure support remains fair and aligned with current realities.