Child Support Texas
Modifications of prior orders : Step-parent adoptions
Grandparent rights : Enforcements of Prior Orders
Adoptions: Adult and child name changes : Mediations
The Texas courts, the Texas Attorney General and the Texas Legislature are serious about parents providing for their children. In fact, they are so serious that the Texas Family Code contains specific child support guidelines. These guidelines generally govern situations where the parent paying the child support (the Obligor) has monthly net resources of $7500 or less:
| 1 Child | 20% of Obligor's Net Resources |
| 2 Children | 25% of Obligor's Net Resources |
| 3 Children | 30% of Obligor's Net Resources |
| 4 Children | 35% of Obligor's Net Resources |
| 5 Children | 40% of Obligor's Net Resources |
| 6 or more children | Not less than 40% of Obligor's Net Resources |
These guidelines may be decreased based on the number of children the Obligor has from a previous relationship that he or she also is supporting. The court also may vary from the financial support guidelines based on (i) the needs of the children, (ii) the ability of the Obligor to pay child support, (iii) debts the Obligor assumed as part of the divorce, (iv) travel expenses incurred for visitation, and (v) whether the Obligor is supporting another child attending college.
Net resources is a broadly defined term. It essentially includes an Obligor's monthly gross income from all sources less payroll taxes, federal income taxes, union dues and health insurance premiums paid for the child (which Texas courts often require the Obligor to pay). If an Obligor's net resources are more than $7500 per month, the court will generally apply the above percentages to the first $7500 of net resources and may order an additional amount of child support calculated on the excess.
Assuming the Obligor is employed, child support may be deducted directly from his or her paychecks. Absent marriage or other acts that will cause the child to be considered an adult, child support payments will continue until the child reaches age eighteen (18) or graduates from high school, whichever is later. If, however, a child is disabled or incapacitated, child support payments could continue indefinitely past age eighteen (18).
Texas courts can and will enforce child support orders. An Obligor's refusal to pay child support–even if the former spouse refuses to let the Obligor visit the children–could result in severe sanctions, including jail time and garnishment of wages. Likewise, if an Obligor refuses to pay child support, his or her visitation rights cannot be withheld by the other parent. The proper remedy is to seek enforcement of the child support order, not violating the child custody and visitation order.
Child support orders may be modified at any time by demonstrating a substantial change in the circumstances of the child or a parent affected by the order. Reasons for modifying a child support order include (i) a change in income of one of the parents, (ii) remarriage of one of the parents, (iii) relocation of one of the parents, (iv) the child's decision to live with the other parent, or (v) an increase in the child's needs.
If you need to secure a child support order, enforce a child support order or modify a child support order–including orders under the Uniform Interstate Family Support Act when the parents live in different states–call Ellen Schutz.