Child Support & Modification in Texas

Understanding Child Support in Texas

Child support is a critical aspect of ensuring that children’s financial needs are met when parents are no longer together. Texas law requires that both parents share the responsibility for supporting their children, even if one parent does not have primary custody.

Whether you are seeking to establish, enforce, or modify child support, understanding Texas laws is essential. This guide will help you navigate child support issues and provide valuable resources for assistance.

  • Child support is a financial obligation paid by one parent to the other for the care and wellbeing of their child. These payments are used to cover basic needs such as:

    • Food

    • Clothing

    • Housing

    • Education

    • Medical and dental care

    The amount of child support is determined based on the Texas Family Code, which uses a standard guideline formula.

  • The Texas Office of the Attorney General (OAG) provides guidelines to calculate child support based on the paying parent's income and the number of children. The formula considers:

    • Net Monthly Income: Gross income minus certain deductions, such as taxes, Social Security, union dues, and the cost of health insurance for the child.

    • Percentage Guidelines: The standard percentage of the paying parent's net monthly income:

      • 1 child: 20%

      • 2 children: 25%

      • 3 children: 30%

      • 4 children: 35%

      • 5 children: 40%

      • 6+ children: No less than 40%

    Use the Texas Child Support Calculator to estimate your child support payments.

  • Life changes can impact the ability to pay or the needs of the child, making modification of child support necessary. A modification may be warranted if:

    There is a Material and Substantial Change:

    1. Job loss or change in income

    2. Increased needs of the child (e.g., medical expenses)

    3. Changes in custody or visitation arrangements

    4. Three Years Have Passed: If three years have passed since the last child support order, and the calculated amount differs by 20% or $100 from the current order.

    • File a petition for modification in the court that issued the original child support order.

  • If a parent fails to pay child support, enforcement actions can be taken. The Texas OAG has tools to ensure compliance, including:

    • Wage withholding orders

    • Interception of tax refunds

    • Suspension of licenses

    • Contempt of court proceedings

  • While the OAG provides services for free, it represents the state, not the individual parents. Having a private attorney ensures that your unique interests are fully represented. An attorney can:

    • Help establish fair child support amounts

    • Advocate for modifications when circumstances change

    • Represent you in enforcement actions

    • Navigate complex custody and support disputes