Child Support

Child support is one of the most important legal obligations that arises when parents separate or divorce. It ensures that children continue receiving the financial support they need for their well-being, stability, and long-term success. Whether you are a custodial parent seeking fair payments or a non-custodial parent who wants to understand your responsibilities, navigating the child support system can feel overwhelming. Texas has specific guidelines, enforcement tools, and procedures for establishing, modifying, and enforcing child support orders. Understanding these rules is essential to protect both your rights and the future of your children.

In Texas, child support is calculated based on state guidelines that consider the non-custodial parent’s net income, the number of children being supported, and any existing legal obligations. While the guidelines provide a general framework, courts can adjust payments in certain circumstances to meet the best interests of the child. A child support attorney can help ensure the court has accurate financial information, that the proposed payment amounts are fair, and that your position is represented clearly.

How Child Support Is Calculated in Texas

Texas uses a percentage model to determine child support obligations. This percentage is based on the obligor’s net resources, which include wages, salary, commissions, bonuses, rental income, unemployment benefits, and certain other sources. After subtracting taxes, social security, and allowable deductions, the court applies the guideline percentages:

• 1 child: 20% of net resources
• 2 children: 25%
• 3 children: 30%
• 4 children: 35%
• 5 children: 40%
• 6+ children: Not less than 40%

These guidelines serve as the starting point. However, courts may deviate if the child has special needs, if parents share custody more equally, or if unique circumstances justify an adjustment. An experienced attorney helps ensure all relevant financial details are presented so the final order reflects what is best for the child and fair for both parents.

Establishing Child Support

Child support may be established in several ways:

1. During a divorce proceeding
2. Through a Suit Affecting the Parent-Child Relationship (SAPCR)
3. Through the Office of the Attorney General (OAG)
4. By agreement between the parents with court approval

Even if parents agree on a support amount, the court must approve it to ensure the child’s needs are adequately addressed. The judge will look at the child’s age, special expenses, insurance, educational needs, and the parents’ financial positions before signing off on the agreement.

Medical and Dental Support Requirements

Texas law requires not only traditional child support but also medical and dental support. This typically includes:

• Providing health insurance
• Paying a portion of uninsured medical expenses
• Contributing to dental insurance
• Covering co-pays, prescriptions, and other health-related costs

Courts may assign medical support to whichever parent has better access to affordable insurance. These requirements are separate from regular monthly child support and are enforceable by court order.

Child Support Enforcement

When a parent fails to pay child support, Texas has strong enforcement mechanisms to protect the child’s financial well-being. Non-payment can result in:

• Wage garnishment
• Suspension of driver’s or professional licenses
• Liens on bank accounts and property
• Interception of tax refunds
• Contempt of court charges
• Jail time in severe cases

If you are owed back child support, an attorney can help file enforcement actions to recover unpaid amounts. If you are behind on payments, legal guidance can help you request modifications before legal consequences escalate.

Modifying a Child Support Order

Child support orders are not permanent. They can be modified if a parent experiences a substantial change in circumstances. Common reasons for modification include:

• Significant change in income
• Job loss or new employment
• Increased needs of the child, such as medical expenses
• A change in custody or visitation schedules
• Remarriage or new dependents

To modify payments, a parent must file a formal request with the court. Verbal agreements between parents are not legally binding, so it is crucial to complete the legal process properly. An attorney can help gather financial evidence and present a strong case for increasing or decreasing the support amount.

Child Support and Custody (Conservatorship)

Child support is closely linked to conservatorship and possession orders. While child support is usually paid by the non-custodial parent, it is not a payment for visitation rights. A parent cannot withhold visitation because support was not paid, and payments cannot be withheld due to disagreements over visitation. Texas courts treat custody and financial support as separate legal issues.

Termination of Child Support

Child support typically ends when the child turns 18 or graduates from high school, whichever occurs later. Payments may continue beyond this age if the child has special needs that require ongoing care. Support obligations may also end earlier if the child becomes emancipated, marries, or joins the military. Courts must issue formal termination orders, and any arrears owed remain collectible even after support ends.

Why You Need a Child Support Attorney

A child support attorney provides vital support at every stage of the process, including:

• Establishing fair support orders
• Protecting your financial rights
• Ensuring correct income calculations
• Enforcing unpaid child support
• Requesting needed modifications
• Representing your interests in court

Whether you need to secure adequate support for your child or ensure your obligations are fair and manageable, professional legal guidance ensures the system works as intended.

Conclusion

Child support is designed to ensure that children receive the financial support they deserve from both parents. Understanding Texas law, court procedures, and your rights is essential for securing a fair and enforceable child support order. When obligations become unfair, unpaid, or outdated due to life changes, the court can modify or enforce the order to protect the child’s best interests. Working with a knowledgeable child support attorney helps you navigate the process with clarity, confidence, and the peace of mind that your child’s needs—and your legal rights—are fully protected.