How Is Child Support Calculated and Enforced in Texas?

Child support is a right that parents owe to their children, even though it’s typically paid by one parent to the other parent. It’s a legal obligation, calculated using specific guidelines and enforced through various methods. Throughout the process, you have rights as well as responsibilities, and a Houston, TX child support lawyer can help you, whether you’re trying to get the child support your kids need or fighting an order for support that’s more than your fair share.

How Is Child Support Calculated and Enforced in Texas?

To calculate child support, Texas uses a formula based on the noncustodial parent’s income. The courts will normally follow the guidelines in the Texas Family Code, which provide a clear structure, unless there’s a reason not to or the parents can work out something different which the courts agree is in the child’s best interests. There may also be no support at all in cases where the two parents share physical custody relatively equally and have similar incomes. Here’s how it works:

Step 1: Determine Net Income

First, the court looks at the noncustodial parent’s gross income. This includes all money that’s coming in, like salary or wages, tips, bonuses, and self-employment earnings, but also rental income, dividends, workers’ compensation or unemployment benefits, and a lot more. Then, certain deductions are made for taxes, union dues, and health insurance premiums for the child. The result is the net income.

Step 2: Apply the Percentage Guidelines to Net Income

Once net income is calculated, Texas applies a percentage based on the number of children needing support. The guidelines are:

• For 1 child: 20% of net income
• For 2 children: 25% of net income
• For 3 children: 30% of net income
• For 4 children: 35% of net income
• For 5 or more children: 40% of net income

For example, if the parent’s net income were to be $3,000 per month, and they have one child, they’d pay $600 monthly (20% of $3,000). If they have two children, their payments would be $750 (25% of $3,000).

Step 3: Adjusting for Additional Factors

The court often adjusts the amount based on the specific circumstances of an individual family. This could include factors like who has custody, relative income disparity (or equality) between the two parents, the child’s medical needs, daycare, and healthcare costs, and whether any spousal support has been ordered.
If the paying parent has a very high income, the court might cap the support amount; conversely, if the parent earns very little, the court may set a minimum support amount. If the paying parent has other children by other partners, this can also affect the payments ordered.

Answers to Child Support FAQ From a Houston, TX Child Support Lawyer

When Does Child Support Apply?

Child support is most often ordered during divorce or custody cases, and, in some cases, paternity will have to be verified before child support can be ordered. Support usually applies until a child turns 18 or graduates from high school, whichever comes later. If a child has special needs, support may continue longer, and parents can also agree on support amounts privately (but the court must approve the agreement).

What Happens If Parents Share Custody?

In some cases where parents share custody, the formula can change from the standard given above. If both parents have the child for nearly equal time, the court may reduce the support amount or eliminate it altogether, depending on the incomes of the two parents. The parent with higher income might still pay some support to balance the child’s lifestyle between the households, for instance.

The court will look at each parent’s income, the time each parent spends with the child, and expenses like health insurance or school costs. The ultimate goal is to ensure fairness while keeping the child’s needs the priority.

Can Child Support Amounts Change?

Child support isn’t set in stone, and since life changes, Texas law does allow for adjustments if circumstances change. However, the change must be significant to warrant an adjustment to the court’s support order. If a parent loses their job, gets a big raise, or has another child, these are usually enough to ask the court to modify the support order. The same is true if there are increased costs for the child, like new medical expenses.
The requesting parent must be able to prove that the change is substantial and affects either their ability to pay or the child’s needs, and either parent can file a request with the court. Until a change is approved, however, the original amount must be paid.

How Is Child Support Paid?

Child support is usually paid monthly, and payments normally go through the Texas Child Support Disbursement Unit, which is a state agency that processes and tracks them so that payments are documented and the possibility of any disputes is greatly reduced. Payments can be made via direct deposit, check, or wage withholding (which is where the employer deducts the amount from the parent’s paycheck).
Wage withholding is common because it’s automatic and reliable, but talk to your lawyer about your options. Parents can also agree to direct payments, but you’ll need to keep careful records and have a level of trust to make this happen.

How Are Child Support Orders Enforced?

Texas takes non-payment seriously because it affects the child’s well-being. Enforcement is handled by the Texas Office of the Attorney General (OAG), which has several tools it can use to force the payment of overdue payments. Most commonly, if a parent falls behind, the OAG can order wage garnishment and require an employer to withhold a portion of the parent’s paycheck. This method is effective because it doesn’t rely on the parent remembering to pay. If a parent is self-employed or gets their income from some other source, the state may have to use other methods.
Another option is to suspend driver’s licenses, professional licenses (like those for doctors or lawyers), or even hunting and fishing licenses for non-payment. If a parent owes back child support, the state can also take their federal or state tax refunds or any lottery winnings they may have and apply them to the debt. The state can also place a lien on a parent’s property, like a house or car, which will mean they can’t sell or refinance that property until the debt is paid.
If there’s significant unpaid support, the state can even freeze and seize money from a parent’s bank accounts. The seized funds are then used to cover the overdue child support. This method is normally chosen if a parent has savings but refuses to use any of it to pay their required support. As a last resort, the court can order the parent held in contempt of court. This can lead to jail time or fines, but since these could both restrict the parent’s ability to pay, the court typically won’t order this except in extreme cases where it’s clear the parent can pay but simply refuses to do so.