How Texas Calculates Child Support
Texas applies statutory guidelines to the paying parent’s net monthly resources: twenty per cent for one child, twenty-five for two, thirty for three, and rising from there, subject to a cap that is adjusted periodically. Net resources include wages, self-employment income, bonuses, commissions, rental income and certain benefits, less allowable deductions for taxes and the child’s health insurance.
The calculation is straightforward for a salaried employee and considerably less so for a business owner, a commissioned salesperson or a parent whose income varies year to year. Those cases turn on documenting what the resources actually are, which is where most support disputes are won.
When the Court Departs From the Guidelines
Guideline support is presumed to be in the child’s best interest, but the court may order more or less where the evidence justifies it. Grounds for deviation include a child’s extraordinary medical, educational or developmental needs, the amount of time each parent has possession, travel costs for possession, and the financial resources available to each parent.
Intentional underemployment is its own issue. Where a parent has reduced their income to lower an obligation, the court may calculate support on earning capacity rather than on what is currently being earned.
Medical, Dental and Additional Support
Every Texas support order must address medical and dental support for the child, usually by requiring one parent to carry insurance and allocating uninsured expenses between them. Uninsured medical costs are a frequent source of later disputes, so the order should state plainly how expenses are documented, submitted and reimbursed, and within what deadline.
Modifying a Support Order
Support can be modified where there has been a material and substantial change in circumstances, or where three years have passed and the guideline amount would differ from the current order by either twenty per cent or one hundred dollars. A job loss, a significant raise, a change in the possession schedule or a change in the child’s needs all qualify for review.
Support does not adjust itself. Until a modified order is signed, the existing amount remains due in full, and arrears accrue with interest on any shortfall.
Common Questions About Child Support
Does child support end automatically at eighteen?
Generally support continues until the child turns eighteen or graduates from high school, whichever is later. Support may continue indefinitely for an adult child who requires substantial care because of a disability that existed before the age of eighteen.
Can support be withheld because possession is being denied?
No. Support and possession are independent obligations under Texas law. Withholding support because the other parent is denying possession creates an enforceable arrearage against you; the correct remedy is an enforcement action.
What happens if support is not paid?
Unpaid support becomes a judgment that accrues interest and can be collected through wage withholding, liens, licence suspension and, in a contempt proceeding, confinement. Arrears in Texas are not dischargeable in bankruptcy.
Related matters are covered under child custody, enforcement and divorce.