Child Support in Texas: How Is It Calculated and What You Need to Know

Are you unsure about how child support is handled in Texas? It can feel overwhelming to figure out the rules, especially when you are concerned about your family’s well-being.

At Jackman Law Firm, we’ve dedicated ourselves to guiding parents through these issues since 2014. In this article, you’ll find a clear explanation of how child support is calculated in Texas and the core factors that might influence the result.

Overview of Texas Child Support Laws

Texas law recognizes that both parents share responsibility for providing for their children. Typically, the parent who does not have primary custody is called the obligor, while the parent who has primary custody and receives support is known as the obligee. Child support is essential to help meet a child’s living expenses, ensuring they have housing, food, healthcare services, and other needs addressed.

In many cases, a child support order spells out more than just financial payments. It can outline decisions about custody, visitation (also called possession and access), and arrangements for medical or dental coverage. Child support amounts may vary from family to family, yet courts expect both parents to keep the child’s best interests at the forefront.

Calculating Child Support in Texas: A Step-by-Step Guide

Texas relies on a guideline calculation to determine how much support the noncustodial parent owes. Courts presume that following these guidelines serves the child’s best interests. While the guidelines are a starting point, courts may adjust the final amount if circumstances warrant.

Determining Net Monthly Income

Child support hinges on the obligor’s net monthly income. Gross income includes sources such as wages, commissions, self-employment earnings, real estate rental proceeds, retirement benefits, royalty payments, unemployment compensation, and certain government benefits. Once the gross income is totaled, the law permits certain deductions, like federal income tax, Social Security taxes, state income tax (in states that levy one), union dues, and the child’s health insurance premiums.

It’s vital to disclose income accurately and promptly. Courts take these matters seriously and may impose penalties if a parent deliberately hides or undervalues earnings. Whether your income is from a salary, side gigs, or a combination of earnings, the net monthly figure is key to the next step.

Applying the Child Support Guidelines

Texas uses percentage guidelines that apply to the obligor’s net monthly income up to a maximum cap set by law. You can see a basic overview below:

Texas Guideline Percentages Based on Number of Children

These numbers apply only to net monthly income up to a certain limit set by Texas law. If an obligor pays support for children living in more than one household, the calculation is a bit more complex. The Texas Family Code (Section 154.129) explains how to factor in multiple families.

The Income Cap Details

Texas places a ceiling on net monthly income for child support purposes, meaning the guideline percentages only apply up to a set amount. That cap sometimes shifts to account for changes in the cost of living. If the obligor earns more than the capped sum, the percentage targets only that capped figure.

A parent can request extra support beyond the cap if the child’s proven expenses exceed the standard guideline. Courts will weigh relevant factors, including education fees, health care bills, and other essential costs. References to Texas Family Code Sections 154.125 and 154.126 offer more insight into these rules.

Low-Income Child Support Guidelines

For noncustodial parents with net resources below $1,000 per month, the law sets lower percentage rates. The reduced percentages help ensure that parents with modest wages can still support their children. For instance, the percentage for one child drops to 15%, then 20% for two children, and so forth. Courts still review other records, such as job history, to confirm that the parent is reporting income accurately.

Imputed Income for the Underemployed or Unemployed

Courts can assign (impute) income to an obligor if there’s reason to believe they are intentionally unemployed or working below their capacity to avoid support. Factors like vocational backgrounds, job experience, or past earnings might be taken into consideration (see Texas Family Code Section 154.0655[c]). A parent’s support obligation can be based on that assigned income instead of what they actually earn.

Adjustments to Guideline Child Support

Although the guideline-based amount is generally presumed correct, courts have the discretion to deviate if the child’s needs call for a different approach. Judges may look at each parent’s situation, the child’s age, extra healthcare expenses, and more. Flexibility in these calculations allows for outcomes that match a child’s day-to-day reality.

Factors Justifying Deviation

Judges sometimes modify support amounts after reviewing several details, including:

• The child’s current expenses, like schooling or extracurricular fees
• Parental ability to pay, given job status or available resources
• The amount of time the child spends in each home
• Unique medical or educational costs

Courts may also direct one parent to maintain the child’s health coverage. That insurance expense can reduce or increase the total support needed from the other parent.

Medical Support

The court will generally specify which parent must secure health insurance for the child. Premium costs for that coverage factor into the final support figure. Usually, the parent who carries the coverage receives credit toward the final support amount, although exact calculations vary based on your situation.

Modifying a Child Support Order

Child support payments are not permanent. Either parent can seek a revised order if the situation changes substantially. This may happen if one parent encounters a job loss, a major pay cut, or a move to a new area.

Additionally, the Office of the Attorney General (OAG) can reconsider an existing support order if it has been in place for three or more years and the current figure deviates by a certain margin from the standard guidelines. If you believe your child support should be increased or lowered, the first step is to show a strong reason that circumstances have shifted.

Retroactive Child Support

Courts in Texas may order retroactive support if no previous support order existed and the obligor has not made voluntary payments. The law often permits up to four years of back support. In certain cases, the court might permit more than four years if it concludes the obligor knew they were a parent and chose to avoid support.

Factors that might shape a judge’s choice about retroactive support include evidence of communication regarding paternity, any informal payments the obligor made, and whether a parent attempted to sidestep financial obligations. These measures strive to ensure fairness for both parents and the child involved.

When Does Child Support End?

In most situations, a Texas child support order ends once a child reaches age 18 or graduates from high school, whichever happens later. If a child marries, joins the armed forces, or becomes emancipated earlier than this, support could cease sooner. Sometimes, a court may order indefinite support if a grown son or daughter cannot take care of themselves due to a disability.

This requirement reflects the continuing duty to care for a child who needs additional support long after others have reached adulthood. Courts may evaluate medical paperwork, caretaker arrangements, and other details before deciding whether to extend payments.

Have Questions About Texas Child Support? Contact Jackman Law Firm Today

We look after parents who want fair results for their families. You can call us at 844-303-0001 or visit our Contact Us page to get started. Our team will work with you to find the best steps for your situation. We’re here to listen, explain your options, and stand by your side.