Fort Worth Child Support Attorney

Texas follows a percentage-of-income model to determine the amount of child support the noncustodial parent must pay. This model uses the obligor’s (person obligated to pay support) net monthly income, which includes wages, salary, commissions, and other income sources, minus certain allowable deductions like Federal income tax, Social Security tax, and health insurance premiums.

Child support is then calculated as a percentage of the net income based on how many children are being supported.

Standard Guideline Percentages in Texas are:

• 1 child – 20% of net income
• 2 children – 25%
• 3 children – 30%
• 4 children – 35%
• 5 or more children – 40%

Notably, these percentages apply to the first $9,200 of monthly net income (as of 2023). If the paying parent earns more, the court may still apply the guidelines to additional income if the child’s needs justify a higher amount of support.

Courts can also adjust the support guideline amount based on additional factors, such as:

• Special needs of the child
• Educational expenses
• Travel costs for visitation
• Any other financial resources available to the child

Temporary child support is often awarded while a divorce or custody case is pending and can be sought by either parent. This ensures the child’s needs are met while the legal process is ongoing. Furthermore, temporary orders can also cover matters such as custody arrangements, visitation, healthcare, and education costs and will remain in effect until a final order is issued or the temporary orders are changed by the court.

A parent must file a motion with the court to obtain temporary child support. A hearing is typically scheduled quickly to minimize any disruption to the child’s well-being. When determining the amount of temporary support, the court uses the same guidelines as for permanent support.

Permanent child support orders are typically issued at the conclusion of a divorce or paternity case. These orders dictate the amount and frequency of support payments that will remain in effect until:

• The child turns 18 or graduates from high school, whichever occurs later
• The child becomes emancipated through marriage, through the removal of disabilities of minority by a court order, or by another operation of the law
• The death of the child
• The child is disabled for an indefinite period

If the child has a physical or mental disability that requires ongoing care that prevents them from being self-supporting, the court may order one of both parents to continue providing financial support. This support will be based on the needs of the child and the financial circumstances of the parents. It is important to note that Texas does not have a statute mandating post-secondary educational expenses be covered by either parent after a child turns 18. However, parents can agree to include college-related support in a negotiated divorce or custody settlement.

Because life is unpredictable and needs change, a child support order may also need to change. Texas law allows either parent to request a modification of an existing child support order if:

• It has been at least three years since the order was established or last modified, and the monthly amount differs by at least 20% or $100 from what the guidelines would require today, or
• If there has been a material and substantial change in circumstances, such as a significant change in either parent’s income, a change in the child’s living arrangements or needs, or the birth of another child

When a parent fails to pay court-ordered child support, courts take enforcement seriously, and many remedies are available to ensure compliance, such as

• Wage garnishment
• Driver’s license or professional license suspension
• Seizure of tax refunds or lottery winnings
• Liens on property or bank accounts
• Contempt of court penalties

Parents who are owed support can file a motion with the court to enforce the order. A court hearing is scheduled where the non-compliant parent must explain their failure to pay. If the court finds willful noncompliance, it may impose sanctions or order repayment plans.

Can I waive child support if both parents agree?

While parents can come to agreements, the court will have the final say in child support matters. Texas courts prioritize the best interests of the child in all child support decisions and rarely approve a complete waiver of child support unless it can be proven the child’s needs are otherwise fully met.

Can I receive more child support than the guideline amount?

Courts can deviate from the guidelines when there is a valid reason, such as high income, extraordinary expenses, or an agreement between both parties that benefits the child.

Do I have to pay child support if I share custody in Texas?

Because child support decisions are made considering the best interests of the child, even in 50/50 custody arrangements, one parent may still owe child support to the other if there are significant income disparities between parents. The court’s goal is to strike a balance between the parents’ financial capabilities and the child’s needs.