When parents are navigating a divorce or separation, one of the court’s most vital priorities is ensuring that their children continue to receive the financial support they need. In Texas, state child support guidelines ensure that children have the financial stability and care they need to thrive.
At Melone Hatley, P.C., our award-winning San Antonio child support attorneys work with families every day to establish fair and enforceable child support agreements that protect the well-being of their children. Whether you are requesting support, modifying an existing order, or seeking enforcement of support for your child, we are here to be your advocates, ensuring your rights and your child’s needs are at the forefront every step of the way.
How is Child Support Determined in Texas?
In Texas, both parents are legally required to share the cost of raising their children, even if they are no longer together. Child support is the court-ordered monthly financial contributions from one parent to the other to help cover their share of this cost. Child support ensures children have continued access to essential needs like food, clothing, housing, healthcare, and education.
Typically, the parent with fewer overnight visits with the child – the “noncustodial parent” — will be ordered to pay support to the other parent. Even in equally shared custody arrangements, child support may still be ordered to ensure the child’s best interests.
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How Does Child Support Get Calculated in Texas?
Texas uses state guidelines to determine the appropriate amount of child support depending on the number of children and the paying parent’s resources. Support is based on a percentage of the noncustodial parent’s net monthly income, capped at $9,200 per month. This net monthly income includes all financial sources, including wages, commissions, bonuses, and other income sources, minus deductions like taxes and health insurance premiums. If the noncustodial parent earns above the $9,200 monthly cap, the court may require additional child support to ensure the child’s standard of living is adequately maintained.
The standard child support percentages under Texas child support guidelines are:
- 20% of net monthly income for one child
- 25% of net monthly income for two children
- 30% of net monthly income for three children
- 35% of net monthly income for four children
- 40% of net monthly income for five or more children
Courts also have the discretion to adjust the guideline amount based on additional factors, such as
- The child’s medical or developmental needs
- School tuition or childcare expenses
- Travel expenses incurred for shared custody
- Other available financial support for the child
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How Long is the Noncustodial Parent Required to Pay Child Support?
Child support in Texas is generally intended to provide financial assistance for a child’s needs until they reach legal adulthood. Consequently, termination of child support obligations is typically
- When the child turns 18, or
- When the child graduates high school, whichever occurs later.
However, additional factors can impact the duration of child support in Texas.
Early Termination of Support
Child support may terminate earlier than the age of 18 or high school graduation in certain situations, including
- If the child marries before turning 18
- If a court legally emancipates the child by removing the “disabilities of minority,” granting them adult status
- If the child passes away before reaching adulthood
In these cases, the paying parent can request that the court terminate the support order based on their child’s status change.
Extended Support for Adult Children with Disabilities
Texas law makes an important exception for extended support for children with disabilities. ff the child is
- Diagnosed with a condition the prevents them from being self-supporting, and
- Requires substantial care and supervision,
the court may order child support to continue indefinitely. The amount of extended support is based on several factors, including the child’s needs, the parents’ financial resources, and the level of care required. Depending on the child’s living arrangements and needs, ongoing support may be paid to the other parent or directly to a caregiver.
Does Texas Require Parents to Pay for College?
Texas does not require parents to contribute to their child’s college tuition, housing, or other post-secondary education once a child turns 18 and graduates from high school. However, parents can include college support as part of their divorce or custody settlement agreement.
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Can Child Support Payments Be Modified?
Child support orders in Texas are not set in stone. Because financial situations and family needs change over time, Texas courts allow child support modifications under certain circumstances and if they meet specific legal criteria. Parents can request a modification of child support from the court if either of the following conditions are met:
- It has been at least three years since the child support order was issued or last modified, and the amount of support would differ by at least 20% or $100 based on the current Texas guidelines.
- There has been a substantial change in circumstances warranting a change. Common examples of this include a significant increase or decrease in either parent’s income, a change in employment status, a change in the child’s needs, or a change in custody arrangements.
It is important to understand that verbal child support agreements between parents are not legally binding, even when they are made in good faith. If one parent stops paying or reduces payments without court approval, they may still be held liable for unpaid support, even if the other parent agreed to it informally.
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How Can You Enforce Non-Payment of Child Support in Texas?
When a parent fails to pay court-ordered child support, it can put a financial strain on the primary custodial parent and negatively impact the child’s well-being. Fortunately, Texas law provides multiple tools to enforce compliance and hold the non-paying parent accountable.
If you are owed back child support, you can file a Motion for Enforcement in the court that issued the original support order. The court will schedule a hearing, and the parent responsible for paying support must appear and explain their failure to pay. The court may enforce payments through
- Wage garnishment
- Driver’s and professional license suspension
- Tax refund interception
- Bank account or property liens
- Lottery winnings seizures
- Contempt of court, resulting in fines, jail time, or a court-ordered payment plan
Unpaid child support can also be reported to credit bureaus, which may impact the delinquent parent’s credit score and ability to borrow.
What if the Parent Has Moved Out of State?
Texas can enforce child support orders across state lines through the Uniform Interstate Family Support Act (UIFSA). If the paying parent relocates, the state can still pursue enforcement through cooperation with agencies in the new state of residence.
Why Getting Skilled Legal Representation Matters in Child Support Cases
Whether you are requesting support, seeking a modification, or facing enforcement challenges, child support cases are seldom straightforward. Unfortunately, a poor child support outcome can have a lasting impact on your stability and your child’s future financial needs. With so much at stake, having knowledgeable legal guidance can be critical.
At Melone Hatley, P.C., we understand the emotional and financial challenges parents face in child support matters. Our experienced San Antonio child support attorneys are dedicated to protecting your rights and ensuring your child receives the financial support they deserve. We will walk you through every step of the process so you can move forward with peace of mind. Call us at (210) 688 – 8550 or schedule a free consultation with one of our Client Services Coordinators through our website.
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