Child support in Texas is not left to guesswork. The Texas Family Code sets out how long support lasts, which income counts, and what share of that income is presumed reasonable. Parents who understand those rules can follow the numbers in a proposed order and notice when something looks off.
Under Section 154.001 of the Texas Family Code, a court may order either or both parents to support a child until the child is 18 years of age or graduates from high school, whichever occurs later; until the child is emancipated through marriage, a court order removing the disabilities of minority, or other operation of law; until the child's death; or, if the child is disabled as defined in the chapter, for an indefinite period. Section 154.006 lists events that end a support order unless the order or a written agreement provides otherwise, including the child's marriage, the child's death, a court finding that a child 18 or older has not met the school enrollment or attendance requirements, and the date a child who enlists in the United States armed forces begins active service.
Support starts with the net resources of the parent ordered to pay, whom the statute calls the obligor. Section 154.062 says resources include 100 percent of wage and salary income and other compensation for personal services, including commissions, overtime pay, tips and bonuses. They also include interest, dividends and royalty income, self-employment income, net rental income, and other income actually being received, such as severance pay, retirement benefits, pensions, trust income, unemployment benefits, and spousal maintenance and alimony. Certain items are excluded, including return of principal or capital, accounts receivable, and benefits paid under the Temporary Assistance for Needy Families program or another federal public assistance program.
From those resources, the court deducts social security taxes; federal income tax based on the rate for a single person claiming one personal exemption and the standard deduction; state income tax; union dues; the cost of health insurance, dental insurance or cash medical support for the obligor's child ordered by the court; and, if the obligor does not pay social security taxes, nondiscretionary retirement plan contributions. Under Section 154.061, the Title IV-D agency publishes annual tax charts used to compute net monthly income.
Once net resources are known, Section 154.125 supplies the guideline schedule. For an obligor whose monthly net resources fall within the range the main schedule covers, the court presumptively applies 20 percent of net resources for one child, 25 percent for two children, 30 percent for three, 35 percent for four, 40 percent for five, and not less than the amount for five children when there are six or more. A separate, lower schedule, starting at 15 percent for one child, applies when the obligor's monthly net resources are less than $1,000. The guidelines are designed for net resources up to a maximum amount that the Title IV-D agency publishes in the Texas Register, and that amount is adjusted every six years as necessary to reflect inflation.
Under Section 154.122, an amount set by the guidelines is presumed to be reasonable, and an order that conforms to them is presumed to serve the child. Section 154.123 allows the court to order a different amount if the evidence rebuts that presumption. The factors it considers include the age and needs of the child, the ability of the parents to contribute, the amount of time each parent has with the child, child care expenses incurred to maintain employment, health insurance and uninsured medical expenses, special or extraordinary educational or health care expenses, and the cost of travel to exercise possession of and access to the child.
Support is more than a monthly payment. Section 154.008 directs the court to order medical support and dental support for the child. Under Section 154.181, before a hearing on temporary orders or a final order, the court must require the parties to disclose whether private health insurance is in effect for the child and, if it is, the insurer, the policy number, which parent pays the premium and what it costs. If there is no private coverage, they must disclose whether the child receives state medical assistance or coverage under the state child health plan, and whether either parent has access to private insurance at reasonable cost to the obligor.
Falling behind on support does not, by itself, cost a parent court-ordered time with the child. Section 153.001 of the Family Code bars a court from making a conservator's possession or access depend on whether child support has been paid. The two are separate parts of an order.
Under Section 156.401, a court may modify a support order if the circumstances of the child or a person affected by the order have materially and substantially changed since the order was rendered, or since the signing of a mediated or collaborative law settlement agreement on which the order is based. An order may also be modified if it has been three years since it was rendered or last modified and the monthly amount differs from the guideline amount by either 20 percent or $100. If the parties agreed to an amount that differs from the guidelines, the section limits modification to a material and substantial change in circumstances.
Calculating support involves judgment calls about what counts as income, especially for self-employed parents or parents whose pay varies. The Bowen Law Firm, PLLC in Houston lists the establishment, enforcement and modification of child support among its family law services. Whoever helps you, bring recent pay stubs, tax returns and health insurance information to the first conversation.
This article is general information, not legal advice. Every family's situation is different; for advice about yours, speak with a licensed Texas attorney.