In Texas, child support is a payment made by one parent (called the obligor) to the other (called the obligee) to help with the costs of raising a child. The amount of child support that is paid is statutory in Texas and is calculated based on the obligor’s net resources. Child support payments usually continue until the child turns 18 or graduates from high school, whichever comes later.

While the parent who does not have the right to designate the primary residence of the children is typically responsible for paying child support, Texas law states that both parents have an obligation to financially support their children.

How is the Amount of Child Support Determined?

In Texas, the amount of child support that is owed is determined by using a formula that takes into account a variety of factors, including the paying parent's income and the number of children that they are supporting. This calculation of child support is as follows:

For one child, the percentage is 20%; for two children, it is 25%; for three children, it is 30%; for four children, it is 35%; for five children, it is 40%; and for three or more children, it is no less than 40%. These percentages are then multiplied by the paying parent's net monthly income to determine the monthly child support obligation.

If the paying parent's income is more than $7,500 per month, only the first $7,500 is considered in the calculation. This ensures that the higher-earning parent is not overly supporting or disproportionately responsible for supporting their children. The amount of child support can be higher than the statutory amount if the parties agree.

On the other hand, if an obligor is intentionally unemployed or underemployed, the court can calculate child support based on what the obligor could be making if they were fully employed. This is done by looking at the obligor's work history, skills, and education to determine what they could be making if they were working to their full potential. The court will then use this information to calculate a hypothetical income for the obligor.

Why Doesn’t the Custodial Parent Pay for Child Support in Texas?

There are a few reasons the custodial parent typically does not pay for child support in Texas. For one, the custodial parent is already providing care for the child on a day-to-day basis and is thus more likely to have incurred expenses related to the child. Additionally, the non-custodial parent presumably has the ability to contribute more financially to the child's care since they have more freedom to work, take a course, get a higher degree, etc.

How Long Does Child Support Last in Texas?

In Texas, child support generally lasts until the child turns 18 or graduates from high school, whichever comes later. Child support may continue after that if the child is still in high school and is not self-supporting, or if the child is disabled.

What Can Happen if You Do Not Pay Child Support in Texas?

If a person does not pay child support in Texas, the court may enforce the order by various means, including passport denial, seizure of assets, or imprisonment. The non-paying parent may also be held in contempt of court, which can result in additional fines or jail time. Texas requires wage withholding for child support obligations.

Can the Custodial Partner Ask for an Increase in Child Support Payments?

Yes, the custodial parent can ask for an increase in child support payments under Texas law. In order to qualify for an increase, the custodial parent must be able to show that there has been a material and substantial change in circumstances since the last order was issued and that the amount of support will change by $100 a month. Some examples of changes that might warrant an increase include a significant increase in income of the obligor, a significant decrease in income of the obligee, a change in the number of children being supported, or the child having a disability that has just come to light.

The court will look at the facts and will determine the amount of child support that is appropriate based on the Texas Family Code requirements.

Is it Possible To Share the Child Support Payments With Your Ex?

If the parents agree to equally share parenting time, then they can be permitted to share child support payments. This would mean that each parent would pay an equal amount toward supporting the child. Each parent would also have to spend an equal amount of time with the child(ren).

This arrangement can be beneficial for both parents, as it can help to reduce the financial burden of one person, as well as tension and conflict between the parents. It can also make it easier for the child to maintain close relationships with both parents.

Is Health Insurance Required Under Texas Child Support Statutes?

The Texas child support statutes state that health and dental insurance is not required for the paying parent to provide if the child is covered by Medicaid or the Children's Health Insurance Program (CHIP). However, it is required if the child is not covered by either of those programs. In this case, the Texas Family Code states that health and dental insurance must be provided for a child if the cost of the insurance is less than 9% of the yearly income of the paying parent.

If the paying parent has health insurance available through their employer, they are generally required to provide that coverage for the child.

Chase Jones Law

Child support in Texas is a critical issue that should be taken seriously by both parents. The court system is in place to ensure that children receive the financial support they need to thrive, and parents who do not pay their child support can face serious penalties.

If you are facing a child support issue, it is important to speak with an attorney at Chase Jones Law who will help you navigate the process and protect your rights. We have years of experience negotiating and litigating child support cases and we'll help you get the relief you need.

Child Support