Navigating child support laws in Texas can be overwhelming, especially during a divorce or custody change. Many parents have pressing questions about payment amounts, what support covers, and what to do when circumstances evolve. Child support decisions affect family finances and children's wellbeing, so trustworthy guidance is crucial. At Coontz Cochran, we’re committed to providing clear answers and detailed support, ensuring families in Burleson, Johnson County, and the Greater Fort Worth area can make informed decisions. This guide addresses frequently asked questions about Texas child support, with practical advice and insights for both paying and receiving parents.
Contact our trusted family law attorney in Burleson at (888) 858-0536 to schedule a free consultation.
What Does Child Support in Texas Actually Cover?
Many parents in Texas wonder what their child support payments are supposed to cover. Under Texas law, child support is designed to meet the child’s essential needs—this includes food, clothing, and shelter. Courts intend for the receiving parent to use support funds for the child’s general welfare, creating a stable environment despite any changes in family structure.
Texas courts also address medical needs as part of a child support order. Typically, the paying parent must provide health insurance, either through their employer or a private plan. When this isn’t feasible, courts may order the parent to pay additional cash medical support to ensure the child has consistent healthcare access. Out-of-pocket health expenses such as co-pays, prescriptions, or therapy may be divided based on court decisions or mutual parental agreements.
Expenses like private school tuition, extracurricular activities, and special programs usually aren’t mandated by a standard child support order unless the parents agree or the court determines these costs are necessary for the child’s best interests. For children who require unique support—such as tutoring, ongoing therapy, or specialized educational resources—the court may weigh both parents’ incomes and the specific needs documented. Keeping thorough records and clear communication helps when requesting additional support for these special circumstances.
How Is Child Support Calculated in Texas?
Texas uses standardized guidelines to determine child support amounts, but each case can have unique factors. The core calculation starts with the net resources of the parent who will pay support. Net resources include all sources of income, such as wages, bonuses, commissions, overtime, rental income, and retirement benefits. Acceptable deductions from gross income are also factored in, including federal and state income tax, Social Security tax, union dues, and health insurance costs for the child.
The Texas Family Code provides a percentage model: for one child, courts generally order 20% of net resources; for two children, 25%; three children, 30%; and so on, up to a maximum of 40%. When a parent supports other children from a different relationship, the guideline percentage may be adjusted downward. While courts typically stick to these percentages, they have discretion to adjust support based on special circumstances, like extraordinary medical expenses or needs that fall outside the guideline structure.
High-income cases have a support cap. As of 2024, Texas law considers up to $9,200 per month in net resources for guideline calculations. Courts may increase support above that cap if a child has demonstrated needs, such as significant medical costs, specialized education, or ongoing care. Parents seeking higher support need comprehensive documentation of expenses to make their case. Judges want proof of these costs and focus on the best interests of the child.
How Do Shared Custody & Non-Standard Possession Schedules Affect Support?
Texas parents often assume that shared custody will automatically reduce or eliminate child support payments, but the law doesn’t operate this way. The standard calculation typically applies even if both parents spend considerable time with their child. The parent who does not have the right of primary possession is usually designated as the obligor and pays support to the other parent, regardless of the visitation schedule.
However, when parenting time is truly split—for example, with an equal or nearly equal timeshare—courts may consider the actual living arrangements and each parent’s income. If both parents provide close to half of the child’s direct expenses, and there’s a substantial difference in income, support may be adjusted for fairness. Judges examine each situation individually and look for ways to minimize disruptions to the child’s quality of life.
Some families use non-standard possession orders, particularly with complex custody arrangements or multiple children living in different households. Courts adjust child support to reflect these unique circumstances. Modifications might account for direct spending on the child, travel, or other arrangements. Parents benefit from documenting costs and working with legal guidance to secure a fair and enforceable agreement that meets their children's specific needs.
Can Child Support Be Changed After the Court Sets an Order?
Life circumstances can shift quickly, so Texas law allows for modifications to child support orders when justified. Either parent can request a change if there has been a material and substantial change in circumstances—such as a significant income shift, job loss, increased expenses, or changes in medical needs. Courts require specific evidence, like financial records or proof of changed living situations, to consider modifications.
Texas also permits modification requests if the current order differs by $100 or 20% from what the guidelines would dictate, or if three years have passed since the last order. Short-term issues, like temporary layoffs or brief medical emergencies, don’t always qualify for permanent changes. If a parent expects long-term changes in income, filing promptly helps avoid accumulating unpaid support, known as arrears. Courts always make the final decision based on the child’s best interest, weighing the overall financial situation of both parents.
To pursue a modification, gather recent pay stubs, tax returns, medical records, and any supporting evidence that explains the financial shift. Parents can file modification requests through the court or work with an attorney for additional advocacy and clarity. Open communication with the other parent, as well as legal support, can help avoid disputes and ensure the process stays focused on the child’s wellbeing.
How Do Healthcare Needs & Disabilities Impact Texas Child Support?
Children with chronic medical conditions, disabilities, or special educational needs often require added financial support, which Texas courts can account for in child support orders. Parents can request increases to cover recurring costs, such as medical equipment, home care, counseling, or specialized therapies. To justify these additions, parents must provide documentation like medical records, physician statements, and detailed cost breakdowns.
Health insurance coverage forms part of most child support orders. Courts usually require a parent to carry insurance for the child and may mandate additional cash support for uncovered medical expenses, splitting these costs according to each parent’s resources. This can include co-pays, deductibles, prescriptions, or rare treatments not covered by insurance. If a child must travel for care or needs a particular accommodation, courts may order extra support, ensuring the child’s continued access to vital services.
Texas law also allows child support to continue beyond age 18 or high school graduation if a child’s physical or mental disability prevents self-support. Parents can request indefinite support for adult children in these circumstances, provided there is medical evidence demonstrating the long-term need. The modification process is more complex here, so legal advice helps families document everything required to secure dependable, long-term financial support.
What Steps Should I Take If I Disagree With the Support Calculation?
Sometimes parents feel a support order doesn’t reflect what’s fair or accurate. Texas law provides avenues to challenge calculations, whether the disagreement arises during an administrative process with the Attorney General’s Office or following a court decision. A formal review can address issues, including incorrect income calculation, missed deductions, or overlooked expenses for other dependents.
To initiate a review, gather documentation like pay stubs, bank statements, medical bills, tax records, and records of direct payments. A detailed written summary explaining your position can help clarify your argument. Parents working through the Attorney General’s Child Support Division can request a formal administrative review by submitting all relevant evidence. For court orders, parents generally file a motion to reconsider, though appeals are more complex and require strict adherence to legal deadlines.
Disputing a child support calculation can be stressful, but prompt action is crucial. The earlier parents address errors or omissions, the more likely they are to receive timely corrections. Legal support and open communication often result in faster, less contentious resolutions.
What if I cannot Afford My Court-Ordered Child Support?
Sudden financial hardship can make child support payments unmanageable. Courts take nonpayment seriously and enforce strict penalties for falling behind. However, Texas law allows parents to seek modifications if their circumstances change substantially, such as through job loss, significant medical issues, or other life events impacting income.
If you find it difficult to meet your payments, the best course is to act quickly. Begin by reviewing your finances and collecting documents—such as termination letters, pay reduction notices, or evidence of medical emergencies. Notify the court or the Texas Attorney General’s Office soon after your financial status changes. Filing a formal request for modification, supported by documentation, helps avoid accumulating arrears.
Potential consequences for nonpayment include wage garnishment, tax refund interception, suspension of professional or driver’s licenses, and even contempt of court proceedings. Courts tend to work more favorably with parents who communicate proactively, make efforts to pay what they can, and move quickly to address the underlying issue. Legal support improves the chances of finding a realistic and enforceable solution.
How Does Texas Enforce Child Support Orders?
Texas employs a wide range of enforcement strategies when parents fall behind on child support. Most commonly, wage garnishment ensures support is paid directly from the noncustodial parent’s paycheck to the receiving parent or the state disbursement unit. The Attorney General’s Office may also intercept federal tax refunds or certain state benefits to cover support arrears.
For persistent or significant nonpayment, Texas law imposes more severe penalties. Courts can place liens on property, seize bank accounts, and suspend various licenses—including driver’s, occupational, and even hunting licenses. Chronic, willful refusal to pay may result in contempt proceedings, leading to possible jail time. Reporting unpaid child support to credit bureaus further damages a nonpaying parent’s financial future.
Parents dealing with enforcement actions benefit from prompt communication and legal advice. The Attorney General’s Office offers assistance, such as locating absent parents, establishing payment plans, or negotiating alternative resolutions. Taking immediate, proactive steps can help mitigate penalties and resolve arrearages efficiently.
What Happens If One Parent Lives Outside Texas?
When parents live in different states—whether due to relocation, employment, or other reasons—Texas courts enforce child support orders across state lines through the Uniform Interstate Family Support Act (UIFSA). This federal law requires all states to honor valid child support orders, so a move does not remove or pause support obligations.
If you’re attempting to establish or enforce a Texas order against a parent living elsewhere, state agencies collaborate using electronic databases and coordinated legal channels. The process may take longer than a local case, as agencies must verify current addresses, income sources, and employment with the other state’s authorities. The originating Texas order usually controls the support calculation, unless the receiving state’s laws provide broader support for the child.
Parents engaged in out-of-state child support cases should gather and preserve all documentation, including payment records, court orders, and communication regarding support issues. Responding promptly to all notices and seeking legal advice tailored to interstate cases can prevent unnecessary delays or complications, particularly when jurisdictional questions arise.
How Do I Start the Texas Child Support Process?
Beginning the process of obtaining or modifying child support involves several clear steps in Texas. Parents can apply through the Texas Attorney General’s Office, which provides services like establishing paternity, collecting income details, calculating guideline support, and preparing paperwork. Applications are available online or at local offices in Burleson, Johnson County, and surrounding communities.
If parents can agree on an appropriate support amount, they may submit their agreement for court approval, provided it meets state guidelines. When no agreement exists, a judge will decide the final amount after considering both parents’ finances and the child's needs. Success depends on being prepared—bring recent pay stubs, federal tax returns, proof of insurance payments, and detailed records of education or health expenses to any meeting or hearing.
Working with a private attorney offers parents step-by-step advocacy. Legal professionals can advise on effective documentation, represent clients at hearings, and prepare for court. No matter which path a parent chooses, acting promptly and following the necessary steps ensures that children receive the support they need as quickly as possible.
- Gather pay stubs, tax records, and proof of expenses.
- Apply through the Attorney General’s Office or file with the court.
- If needed, attend court hearings and present your documentation.
- Work with legal counsel to navigate disputes or complex cases.
Common Myths & Misunderstandings About Texas Child Support
Misinformation about child support laws in Texas creates confusion and, sometimes, unnecessary financial risks for parents. One frequent myth is that payments end automatically when a child turns 18, but Texas law typically extends support until the child graduates from high school or turns 18, whichever occurs later. Children with disabilities may receive continued support beyond these milestones if a parent requests it and provides proof of ongoing need.
Another common misconception is that the recipient parent must account for every dollar spent. In reality, Texas law does not require the custodial parent to itemize or justify how support is used, as long as the child’s basic needs are met. Courts presume the recipient uses funds in the interest of the child, covering things like shelter, food, clothing, and medical care.
Some parents mistakenly believe that moving out of state or changing jobs erases child support obligations. However, Texas’s participation in UIFSA and robust state enforcement mechanisms mean obligations remain in force no matter where a parent lives or works. Ignoring these requirements can result in severe legal and financial consequences, so seeking reliable, up-to-date advice is always best.
When Does Consulting a Family Law Attorney Make Sense?
Child support cases involving high incomes, self-employment, non-standard custody, special needs, large arrears, or multi-state disputes usually benefit from a lawyer’s guidance. Complex situations arise when parents have hidden income, unusual compensation, or unresolved conflicts about custody and support calculation. In these scenarios, a clear understanding of Texas law and skilled advocacy can make a significant difference.
At Coontz Cochran, our team reviews every aspect of your situation, sets realistic expectations, and works to achieve fair, sustainable outcomes for you and your children. We pay attention to details that standard calculators can miss, including the impact of bonuses, commissions, business ownership, and changing economic circumstances on child support obligations. For families in Burleson, Johnson County, and the Greater Fort Worth area, local guidance ensures no detail is overlooked.
If you’re feeling uncertain, overwhelmed, or confused by Texas child support issues, a confidential consultation is a good next step. Meeting with our team gives you the opportunity to ask direct questions, discuss your financial realities, and explore your legal options before making decisions.
For clarity about your rights & obligations or to address your family’s unique challenges, call (888) 858-0536 for a free consultation. Or contact us today.