Jurisdiction and Child Support

Figuring out where to file for divorce and how child support works in Texas can feel confusing. This guide explains the basics to help you understand your rights and the steps to take.

Jurisdiction Issues

A divorce may be filed and maintained in Texas if either the petitioner or the respondent has been a domiciliary of the state for the preceding six-month period and a resident of the county in which the suit is filed for the preceding 90-day period. (Texas Family Code §6.301). A divorce proceeding is an “in rem” proceeding, meaning that it is a proceeding over a thing as opposed to a person. Therefore, only one spouse must meet this requirement for the Court to have jurisdiction over the case and be able to grant the divorce.

However, the court must have jurisdiction over both spouses in order to have the power to divide assets and liabilities or to render orders regarding the children. Section 6.305 of the Texas Family Code states that personal jurisdiction over a non-resident respondent may be acquired if:

1. 1.This state is the last marital residence of the petitioner and the respondent and the suit is filed before the second anniversary of the date on which the marital residence ended; or
2. 2.There is any basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction. (Texas Family Code §6.305).

Further, personal jurisdiction can be acquired over a non-resident who has voluntarily come to the state and is served within state borders. Flores v. Melo-Palacios, 921 S.W.2d 399 (Tex. App. – Corpus Christi 1996, no writ).

It is important to note that Texas domiciliaries serving in the armed forces and stationed outside of Texas or the U.S., or accompanying their spouse in such service, may still be considered residents of Texas and the relevant county during their time away. (Texas Family Code §6.303). Military personnel who have not been previous residents of Texas, but who have been stationed at one or more military installations in Texas for at least the past six months and at a military installation in a county of Texas for the prior 90 days (or who are accompanying their spouse during the spouse’s military service in those locations and for those periods), are considered to be Texas domiciliaries and residents of that county for the purposes of filing for divorce. (Texas Family Code §6.302).

In short, if you have been a domiciliary of Texas for the last six months and a resident of the county of your home/residence for at least the last 90 days, then it is most likely that you will file your divorce in that county. Contact us today if you have any questions or would like further information.

New Texas Child Support Maximums

Texas child support is calculated based on how much money the obligor – the parent paying child support – makes monthly. However, there is a cap on the amount of monthly net resources from which child support can be calculated. Before September 1, 2019, if the average net monthly resources were $8,550 or less, the amount of child support was calculated as a percentage of the average net monthly resources. Before September 1, 2025, if the average net monthly resources were $9,200 or less, the amount of child support was calculated as a percentage of the average net monthly resources. On and after September 1, 2025, if the average net monthly resources are $11,700 or less, the amount of child support is calculated as a percentage of the average net monthly resources.

However, this is not an across-the-board automatic increase for all child support payments in the state. The new payment standards are only applicable for initial determinations or modifications involving obligors whose monthly net resources reach or exceed the prior cap. Another way of looking at it is that the new payment standards increase the maximum net monthly resources available from $9,200 to $11,700 when making initial statutory child support determinations.

Texas uses the following percentages to determine the obligor’s payments:

1 child: 20% of Obligor’s Net Resources

2 children: 25% of Obligor’s Net Resources

3 children: 30% of Obligor’s Net Resources

4 children: 35% of Obligor’s Net Resources

5 children: 40% of Obligor’s Net Resources

6+ children: Not less than the amount for 5 children

However, the formula takes into consideration whether the obligor is paying for children from other relationships, and other factors. Therefore, these percentages could change. (Texas Family Code §154.125, §154.128, §154.129).

The maximum child support cap increase is not retroactive in the sense that it would cause maximum child support payments made in the past to increase; however, preexisting child support orders can be modified to reflect the new parameters. The parties would need a modification of their divorce decree or child support order that is approved and ordered by the court for the new amount to be enforceable.

In sum, the cap on the amount of monthly net resources from which child support can be calculated was increased on September 1, 2025. If you feel this could affect your current payment arrangement, have any questions, or would like further information, contact our office today to schedule your consultation.