Child Support in Texas

Child support is one of the most consequential financial issues in a Texas family law case. It affects day-to-day stability, long-term planning, and a child’s overall well-being. Cutrer Law Group helps parents in Hurst, Tarrant County, and surrounding Texas counties understand how child support works, what courts consider when setting or changing support, and what options are available when support is disputed, overdue, or no longer fits the family’s circumstances.

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What Is Child Support in Texas?

Child support is a court-ordered monthly payment intended to help cover the costs of raising a child: food, housing, clothing, school supplies, childcare, and activities. Under Chapter 154 of the Texas Family Code ^[1], the parent who does not have primary possession of the child (the obligor) pays support to the parent who provides most of the day-to-day care (the obligee).

A child support obligation begins when a judge signs the order. A court can also order retroactive support, sometimes called “back” child support, for periods before an order existed, if a parent did not live with the child and did not contribute to their support during that time.

Beyond the base monthly amount, a Texas child support order will typically address medical support and dental support as separate obligations, covering health insurance, dental coverage, and uninsured medical expenses. These pieces can move the overall financial picture significantly and need to be drafted clearly so they are enforceable later.

Who Pays Child Support and Who Receives It?

In most custody arrangements, one parent has the right to designate the child’s primary residence: the obligee. The other parent – the obligor – has the legal duty to make child support payments.

The starting point for calculating how much is owed is straightforward: the obligor’s income and the number of children before the court. Where it gets complicated is what counts as “income” – and that is where most disputes actually live. For a deeper look at what triggers a paternity action before a support order can be entered, see our paternity overview.

How Child Support Is Calculated in Texas

Texas Family Code § 154.125 sets guideline percentages based on the obligor’s net resources and the number of children before the court:

1 child: 20%
2 children: 25%
3 children: 30%
4 children: 35%
5 or more children: not less than 40%

These guidelines apply to net resources up to the statutory cap. A judge may order additional support above the guideline support amount based on the child’s needs and the parent’s income.

What Are Net Resources?

Net resources are not the same as gross pay. Texas law sweeps in wages, salary, commissions, bonuses, self-employment income, rental income, retirement benefits, unemployment benefits, and most Social Security benefits. From that, the statute allows specific deductions — federal income tax, Social Security tax, union dues, health insurance and dental premiums for the child, and certain other items.

In practice, most contested child support cases are not arguments about the percentage, they are arguments about the income number. When a parent is self-employed, paid on commission, draws variable income, or earns cash that does not appear cleanly on a paystub, a careful review of the financial record matters. Pay stubs, tax returns, profit and loss statements, bank records, and business filings can all become part of the case.

What If No Income Information Is Available?

If the court cannot determine a parent’s income, it may estimate it based on local wages, work history, education, age, assets, and other relevant facts. If a parent is unemployed and not incarcerated, the court is allowed to presume the parent could earn federal minimum wage for a 40-hour workweek and calculate support from there.

When the Court May Depart From Guideline Support

Texas courts presume guideline support is in the child’s best interest, but a judge can order a different amount based on Texas Family Code § 154.123 factors, including:

The child’s age and specific needs, including healthcare
Each parent’s financial resources and ability to contribute to support
The parenting schedule and time each parent has with the child
Work-related childcare expenses
Extraordinary educational or medical needs
Travel costs related to possession and access
Whether the obligor supports other children in other households
Written agreements between the parents, when consistent with the child’s best interests

Not every case justifies a deviation. Arguments for a different amount land hardest when they are tied to documentation and a clear connection to what the child actually needs.

What If the Obligor Has Children in Multiple Households?

If the obligor is supporting children in more than one household, Texas law adjusts the guideline percentage downward under a multiple-family schedule. The Office of the Attorney General’s online child support calculator ^[4] can be a useful starting point for estimating the adjusted amount in these situations, though final numbers should be reviewed against the underlying statute.

How to Get a Child Support Order

Child support can be established as part of:

A divorce
A Suit Affecting the Parent-Child Relationship (SAPCR)
A paternity case
A family violence protective order case
A post-decree modification proceeding

If both parents agree on the amount, the proposed order can be submitted to a judge for approval. If they disagree, the case proceeds to a hearing. Even when parents agree, the judge must independently find that the amount is in the child’s best interest – parents cannot permanently waive child support by contract.

This is where a settlement-first posture pays off. A well-prepared agreement that clearly addresses the guideline analysis, medical and dental support, and any deviation factors is far more likely to be approved on the first pass.

How Long Does Child Support Last?

Child support continues until the later of:

The child turns 18, or
The child graduates from high school

If the child has a disability that existed before adulthood, support may continue indefinitely. Past-due child support – arrears – must be paid in full regardless of when the child turns 18 or graduates.

Where and How Child Support Is Paid

Child support payments are routed through the Texas Child Support State Disbursement Unit (SDU), which records each payment and forwards it to the receiving parent. Payment options include income withholding, online payment, bank draft, money order, or in-person payment.

Income withholding, where the employer deducts support directly from the obligor’s paycheck and sends it to the SDU, is the standard method under Texas law and the most reliable. It produces a clean payment record and removes most disputes about whether a payment was actually made.

What Happens If Child Support Is Not Paid

Failing to pay court-ordered child support is a violation of a court order. Consequences can include:

A judgment for past-due amounts plus statutory interest
Contempt of court, including fines or jail time
Interception of federal tax refunds and lottery winnings
Suspension of driver’s, hunting, fishing, or professional licenses
A child support lien against real or personal property

If the other parent is not paying, you can pursue enforcement through the Office of the Attorney General’s Child Support Division ^[3] or through a private enforcement action filed in court. Withholding possession or visitation is not a legal remedy for missed payments – under Texas law, support and possession are independent obligations, and using one to punish the other tends to backfire in court.

Modifying an Existing Child Support Order

An order that fit when it was entered may no longer fit today. Texas Family Code § 156.401 ^[2] allows modification when there has been a material and substantial change in circumstances, or when the statutory three-year review threshold is met and the current order differs from guideline support by either 20% or $100 per month.

Common reasons to seek modification include:

A parent loses a job or experiences a significant decrease in income
A parent’s earnings increase substantially
The child’s medical needs change
The child begins living primarily with the other parent
Health insurance costs change significantly
The order is old enough and far enough from guideline support to meet the statutory threshold

Informal handshake agreements between parents do not change a court order. Until a formal modification is signed by a judge, the existing obligation remains in force – and arrears continue to accrue under the old number.

Common Questions About Child Support in Texas

Is child support always based on a simple percentage?

Not always. Texas law starts with guideline percentages, but the analysis also runs through net resources, the statutory cap, other children the obligor supports, and any factors that may justify a different amount.

Can parents agree to a different amount?

Sometimes. A judge must still approve the agreement and find it is in the child’s best interest. Courts will not approve an arrangement that leaves a child’s needs unmet.

Does a change in parenting schedule automatically change child support?

No. A new parenting arrangement does not rewrite the existing order on its own. A formal modification through the court is required.

What if the paying parent has variable or self-employment income?

Self-employment, commission, and cash income require closer analysis. Tax returns, profit and loss statements, and business records typically become central evidence in the case.

What if support has gone unpaid for several months?

Unpaid support can become an enforcement issue quickly. It is worth reviewing both the accrued arrears and whether the current order still fits going forward, sometimes the right move is enforcement, sometimes it is modification, and often it is both.

Will my child support automatically end when my child turns 18?

Not necessarily. Support continues until the later of the child turning 18 or graduating from high school, and may continue indefinitely if the child has a qualifying disability under Texas Family Code § 154.302.

Do I still owe child support if I lose my job?

Yes, until a court signs a modification order. Filing a modification petition promptly is critical because Texas courts cannot reduce arrears that accrued before the petition was filed.

Child Support Issues We Handle

Child Support Modification – changing an existing order when circumstances have materially and substantially changed
Child Support After Income Changes – addressing layoffs, raises, or shifts in earnings on either side

Speak With a Tarrant County Child Support Lawyer

Cutrer Law Group helps clients in Hurst, Tarrant County, and other Texas locations with the full range of child support matters, from initial orders and guideline analysis to enforcement, modification, and contested income disputes. We bring board-certified family law experience and local courtroom insight to the table, with a settlement-first approach when a fair number is within reach and the trial readiness to protect your position when it is not.

If you have questions about how Texas child support law applies to your situation, we can help you understand your options and prepare a clear path forward – for your finances, your children, and your peace of mind.