Houston Child Support Attorney
Texas child support follows specific guidelines – but the calculation depends on income definitions, deductions, dependents, and a statutory cap that can dramatically change the outcome. Get it right the first time.
How Texas Calculates Child Support
Texas uses a percentage-of-net-resources model. Once you determine the obligor’s “net monthly resources,” a fixed percentage applies based on the number of children before the court:
| Children | Guideline % |
|---|---|
| 1 child | 20% |
| 2 children | 25% |
| 3 children | 30% |
| 4 children | 35% |
| 5 children | 40% |
| 6+ children | At least 40% |
These percentages can be reduced when the obligor has other children for whom they have a legal duty of support.
What Counts as "Net Resources"
Net monthly resources start with all sources of income – not just W-2 wages:
- Wages, salary, tips, bonuses, commissions, overtime
- Self-employment net earnings
- Rental income (net of expenses)
- Royalty, dividend, interest income
- Trust income
- Severance, unemployment, disability
- Retirement, pension, and Social Security retirement benefits
- Gifts and prizes
- Spousal maintenance received
Then Texas allows specific deductions:
- Federal income tax (based on one personal exemption and standard deduction)
- Social Security taxes (FICA, Medicare)
- State income tax (zero for Texas)
- Union dues
- Health insurance premiums for the child
- Dental insurance premiums for the child
The result is “net monthly resources” – the number the percentage applies to.
The Texas Child Support Cap
Texas applies the guideline percentage only to net resources up to a statutory maximum. The cap is adjusted periodically by the Office of the Attorney General to reflect inflation.
If the obligor earns more than the cap:
- The court applies the percentage to the capped amount by default
- The receiving parent may ask for additional support above guideline by showing the child has proven needs the guideline amount can’t cover (private school, special medical care, extracurriculars, etc.)
- Courts often deviate above the cap in high-asset cases
Knowing how to present (or rebut) above-cap support is its own legal skill.
Get Kuehm.
Calculating Child Support for Self-Employed Parents
When the obligor is self-employed, owns a business, or has variable income (commissions, bonuses, equity grants), the calculation gets harder:
- Net earnings from self-employment = gross income less ordinary and necessary business expenses (NOT the same as taxable income on a Schedule C)
- Bonuses are typically included
- Equity compensation (RSUs, stock options) is income when received
- Business perks (vehicle, phone, meals, insurance) can be added back as in-kind compensation
- Income averaging over multiple years is sometimes used for fluctuating earners
These cases often need a forensic accountant alongside legal counsel.
Health Insurance and Uninsured Medical Costs
In addition to monthly child support, Texas orders typically allocate:
- Health insurance for the child – which parent provides it and who pays the premium
- Dental insurance for the child
- Uninsured medical, dental, and vision expenses – usually split 50/50 or proportionate to income
Failure to address these in the order causes endless post-divorce disputes.
Modifying Texas Child Support
Texas allows child support modifications when:
- 3+ years have passed since the order AND the guideline amount differs by 20% or $100/month, OR
- A material and substantial change has occurred (job loss, raise, change in custody, new children, etc.)
Common scenarios:
- Job loss or income reduction (file immediately – arrears continue accruing under the old order)
- Pay increase or promotion
- Change in physical possession (one parent now has the kids most of the time)
- Children aging out or new children being born
- Long-term illness or disability
(See Modifications for full detail.)
Enforcing a Texas Child Support Order
If the obligor isn’t paying:
- Wage withholding is automatic in most Texas orders
- The court can hold the non-paying parent in contempt, with possible jail time
- License suspension (driver’s, professional, hunting/fishing) is available
- Tax refund interception, passport denial, and credit reporting can apply
- Judgments for arrears carry interest and don’t expire
The Office of the Attorney General handles many enforcement cases for free, but a private attorney often produces faster, more thorough results. (See Enforcements.)
When Does Child Support End in Texas?
Texas child support generally continues until the child:
- Turns 18, OR
- Graduates from high school (whichever is later)
- Marries
- Is emancipated by court order
- Dies
If the child has a disability that prevents self-support and existed before age 18, the court can order indefinite support – sometimes called “Section 154.302” support.
On This Page
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Can we agree to a different child support amount than the guideline?
Yes, parents can agree to an amount above or below guideline, but the court must approve it. Courts will typically approve agreements that meet the child's needs and aren't obviously coerced.
What if my ex earns much more than the cap?
The guideline percentage applies to the capped amount by default. The receiving parent can request additional support above the cap by showing the child has proven needs the cap doesn't cover.
Does child support include private school or daycare?
Not automatically. The guideline percentage is a baseline for general care. Daycare, private school tuition, and extraordinary expenses are typically addressed as separate items in the order.
Can I stop paying child support if I'm denied visitation?
No. Texas treats possession and support as independent obligations. Stopping payment exposes you to enforcement and jeopardizes your custody case. File for visitation enforcement instead.
Can child support be paid directly to my ex, instead of through wage withholding?
The court can order direct payment, but withholding is the default - and it protects both parties by creating a clear record of every payment.
Talk to a Houston Child Support Lawyer
Whether you’re trying to establish support, modify an order that no longer matches your income, or enforce one that isn’t being paid, the right legal strategy depends on your facts. Let’s talk.
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