Question 1

How is child support calculated in Texas?

Accepted Answer

Texas child support is calculated using statutory guidelines based on the non-custodial parent's net monthly resources and the number of children. The percentages are: 1 child = 20% of net resources, 2 children = 25%, 3 children = 30%, 4 children = 35%, 5+ children = 40%. Net resources include all income sources: wages, salary, self-employment income, bonuses, commissions, overtime, tips, interest and dividends, rental income, retirement and pension income, unemployment benefits, workers compensation, disability payments, gifts and prizes, and any other income. Deductions allowed to calculate net resources include: federal income tax (for one claiming only the child), Social Security tax, union dues, health insurance for the child, and non-discretionary retirement contributions. The guidelines presume the calculated amount is reasonable. However, courts can deviate from guidelines if proven that application would be unjust or inappropriate, considering factors like child's special needs, parenting time, income disparity, and other children the parent supports.

Question 2

What is the maximum child support in Texas?

Accepted Answer

Texas child support guidelines apply to net monthly resources up to $9,200 (as of 2024). This cap is adjusted every six years based on inflation. For parents earning above the cap, child support is calculated using the guidelines up to $9,200, and then the court has discretion to order additional support above that amount based on the needs of the child and the parent's ability to pay. For example, for one child, guideline support on $9,200 in net resources would be $1,840 per month (20% of $9,200). If a parent earns significantly more than $9,200 in net monthly resources, the court may order additional support beyond the guideline amount by considering: the needs of the child (private school, extracurricular activities, special medical needs), the child's standard of living before the divorce or separation, and each parent's financial resources and ability to contribute. Courts generally apply the percentage guidelines to income above the cap unless specific circumstances justify deviation.

Question 3

Does child support cover medical expenses in Texas?

Accepted Answer

Child support in Texas is separate from medical expenses. The child support order typically addresses medical coverage and expenses in three ways: (1) Health insurance coverage—one parent (usually the one with access to coverage at reasonable cost) is ordered to maintain health insurance for the child. If employer-provided coverage is available, this parent must enroll the child. (2) Uninsured medical expenses—costs not covered by insurance (copays, deductibles, prescriptions, dental, vision, orthodontia) are typically split between parents. The most common arrangement is 50/50 split, though courts can order different percentages based on incomes. (3) Medical support amount—in addition to base child support, the paying parent may be ordered to pay a percentage of medical expenses or reimburse the other parent. Parents must provide receipts and documentation for reimbursement claims, typically within 30 days of receiving the bill. Failure to provide insurance coverage or pay medical expenses as ordered can result in enforcement actions including contempt of court.

Question 4

Can I modify child support in Texas?

Accepted Answer

Yes, child support can be modified in Texas if circumstances have materially and substantially changed since the last order, or if it's been at least three years since the order and the monthly support amount differs by either 20% or $100 from the guideline amount. Material and substantial changes include: significant increase or decrease in either parent's income (job loss, promotion, new job), changes in the child's needs (medical issues, special education), birth of additional children to the paying parent, changes in health insurance costs or availability, or changes in possession schedule affecting support calculation. To modify support, file a Petition to Modify Child Support with the court. The Office of Attorney General (OAG) can also initiate modification reviews every three years if either parent requests it. When reviewing for modification, the court recalculates support using current income and the child support guidelines. Note that child support modifications are not retroactive to the date you file—they only take effect from the date the court signs the modification order, so it's critical to file promptly when circumstances change.

Question 5

What happens if I don't pay child support in Texas?

Accepted Answer

Failure to pay court-ordered child support in Texas has serious consequences. The custodial parent or the Office of Attorney General can file an enforcement action seeking remedies including: contempt of court (fines up to $500 or jail time up to 6 months for civil contempt, criminal contempt can result in up to 2 years in jail), wage withholding (automatic deduction from paychecks sent directly to the State Disbursement Unit), liens on property (real estate, vehicles, and other assets), seizure of tax refunds (federal and state), suspension of licenses (driver's license, professional licenses, hunting/fishing licenses), denial or revocation of passport, credit bureau reporting (damaging credit score), and interest on arrears (6% per year compounded annually). Additionally, owing more than $5,000 in back child support is a federal crime if the parent crosses state lines to avoid payment. Texas takes child support enforcement very seriously. If you're unable to pay, you must file for modification immediately—not paying is not an option. Saying you can't afford it is not a defense to contempt; you must prove you filed for modification and did everything possible to meet your obligations.

Question 6

Does child support end automatically when my child turns 18 in Texas?

Accepted Answer

Child support in Texas generally continues until the child turns 18 or graduates from high school, whichever occurs later, but no later than the child's 19th birthday. Support obligations can extend beyond age 18 if: the child is still enrolled in high school and is expected to graduate before turning 19, the child is disabled and requires ongoing support (support can continue indefinitely for a disabled child who cannot support themselves), or the parents agree to extend support (for college expenses, though this is not required by law unless agreed to in the order). Child support does not automatically terminate—the paying parent must file a motion to terminate support and obtain a court order. Until the court signs a termination order, the support obligation continues, and failure to pay results in arrears. If you continue paying child support after the child turns 18 and graduates high school, you generally cannot get that money back. It's critical to file for termination promptly when the child reaches the termination age. If there are arrears (back support owed), those arrears remain owed even after the child turns 18, and the parent must continue making payments until all arrears are paid in full.

Question 7

Can child support be taken from my unemployment benefits in Texas?

Accepted Answer

Yes, unemployment compensation is considered income for child support purposes in Texas and can be withheld for child support payments. Under federal law, up to 50% of unemployment benefits can be withheld for current child support if you're supporting another child or spouse, or up to 60% if you're not supporting another family. If you're behind on payments (arrears), an additional 5% can be withheld. The Texas Workforce Commission cooperates with the Office of Attorney General's Child Support Division to withhold child support from unemployment benefits. When you apply for unemployment, you're required to disclose if you owe child support, and withholding begins automatically. Losing your job and collecting unemployment does not reduce or eliminate your child support obligation—you still owe the full amount ordered by the court. If unemployment benefits are insufficient to cover your full child support obligation, you'll accrue arrears. If you lose your job, you should immediately file a motion to modify child support based on decreased income rather than waiting and accumulating debt.

Question 8

What is retroactive child support in Texas?

Accepted Answer

Retroactive child support is child support ordered for the period before a support order was established. In Texas, courts can order retroactive support going back up to four years from the date the petition was filed. However, retroactive support is limited: no retroactive support is owed for any period during which the parent seeking support concealed the child from the other parent, and retroactive support is calculated using guideline amounts based on the non-custodial parent's income during the retroactive period. When establishing paternity and child support for the first time, the court will often order retroactive support back to the child's birth or up to four years, whichever is less. For example, if a mother files for child support when the child is 6 years old, she can seek retroactive support for up to 4 years back, resulting in a lump sum arrears amount owed. The court can order the retroactive amount to be paid immediately as a lump sum or added to ongoing support as additional monthly payments. Retroactive support accrues interest at 6% per year. It's important to establish paternity and child support as early as possible to minimize large retroactive support obligations.

Question 9

How does 50/50 custody affect child support in Texas?

Accepted Answer

In Texas, even with 50/50 possession (equal parenting time), child support is typically still owed by the parent with the higher income, though the amount may be adjusted. Texas child support guidelines are based on which parent has the right to designate the child's primary residence, not on the possession schedule. Even if parents have equal time with the child, one parent is typically designated as the primary conservator who establishes the child's residence and receives child support. However, courts have discretion to deviate from standard guideline amounts when possession is significantly different from the standard possession order. With true 50/50 possession, courts may consider: ordering the higher-earning parent to pay a reduced percentage of guideline support, ordering both parents to contribute proportionally to the child's expenses based on their incomes (though this is less common), or ordering no child support if incomes are substantially equal and both parents equally share all child-related expenses. In practice, even with equal time, the higher earner usually pays some support because one parent is still typically covering more day-to-day expenses. Courts focus on the child's best interest and ensuring both parents contribute financially in proportion to their incomes.

Question 10

Can I pay child support directly to the other parent instead of through the state in Texas?

Accepted Answer

While parents can agree to direct payments, it is strongly discouraged and extremely risky in Texas. The safest and legally recommended method is paying through the State Disbursement Unit (SDU), which provides an official record of all payments. Risks of paying directly to the other parent include: no official record of payment if the other parent later claims non-payment, burden on you to prove payment (cancelled checks, receipts, bank records may not be sufficient), other parent can file enforcement action claiming you never paid even if you have receipts, and the state may not credit direct payments if there's a wage withholding order in place. If your child support order includes an income withholding order (which most do), payments must go through SDU—direct payments don't count. If you and the other parent agree to direct payments, you must: get a court order modifying the support order to specifically allow direct payments and remove the income withholding provision, keep meticulous records of every single payment (date, amount, method, reference to court order), obtain signed receipts from the other parent for every payment. Even with these precautions, direct payments carry significant risk. The SDU provides automatic record-keeping and proof of payment, protecting you from false claims of non-payment.

Question 11

What if my child lives with me now but I'm still paying child support?

Accepted Answer

If your child now lives with you full-time but there's still a child support order requiring you to pay the other parent, you must file a motion to modify the parent-child relationship to change both conservatorship and child support. Until the court signs a modification order, you are legally obligated to continue paying child support according to the existing order, even if the child lives with you. Failure to pay while waiting for modification will result in arrears. Steps to take: (1) File a Petition to Modify Parent-Child Relationship immediately—request modification of conservatorship (to make you primary managing conservator), modification of child support (to terminate your obligation and potentially order the other parent to pay you), and credit for any time the child has been primarily with you, (2) Document the change—gather evidence showing the child lives with you (school records showing your address, medical records, affidavits from witnesses), (3) Seek temporary orders—request temporary orders immediately changing support obligations while the case is pending, (4) Continue paying until modified—as unfair as it seems, you must keep paying under the current order until the court signs a modification, or risk being held in contempt. Informal arrangements where the child moves without a court order create legal and financial problems. Always get court orders modified to match reality.

Question 12

How far behind in child support before going to jail in Texas?

Accepted Answer

There is no specific dollar amount of child support arrears that automatically results in jail time in Texas. Incarceration for child support non-payment is a remedy available through contempt proceedings, but courts consider several factors before ordering jail time: the amount of arrears owed, the length of time in arrears, whether the non-payment is willful (you had the ability to pay but chose not to), your efforts to seek modification if you genuinely couldn't pay, your history of compliance or non-compliance, whether you've hidden income or assets to avoid payment, and your efforts to find employment if unemployed. Generally, courts use jail as a last resort after other enforcement methods have failed. You're more likely to face jail time if: you owe substantial arrears (thousands of dollars), you've been in arrears for an extended period, you've repeatedly failed to comply with payment orders, you've failed to appear for enforcement hearings, or you're found in contempt multiple times. The maximum sentence for civil contempt is 6 months per contempt finding, and criminal contempt can result in up to 2 years. Federal law makes it a crime to owe more than $5,000 in child support and cross state lines to avoid payment. To avoid enforcement actions including jail: pay support on time, if you cannot pay, immediately file for modification, communicate with the court and OAG about your situation, document all job search efforts if unemployed, never ignore enforcement notices or court hearings.

Austin Child Support FAQ: Common Questions About Texas Child Support Law