Child Support in Texas: 5 Things You Need To Know

A major concerns for Texas divorcing couples with children is the amount of child support in Texas the non-conservator parent must pay. The methods for calculating child support in Texas are relatively simple. However, the procedures surrounding the implementation of a payment agreement can be complex. While the non-conservator parent may look for ways to reduce or eliminate their child support payments, Texas laws can be very strict about changing such arrangements.

Determining Net Income for Child Support in Texas

The baseline for calculating payments for child support in Texas starts with determining the paying parent’s net income. A parent’s net income can include salary, wages, sales commissions, service tips, overtime pay and bonuses. For parents who are not employed, these sources can include, but are not limited to, retirement benefits, unemployment insurance payments, severance pay, worker’s compensation. The net income is the sum of these income sources, less federal and state taxes, labor union dues and children’s health insurance premiums.

Calculation Formula for Child Support in Texas

The laws for child support in Texas have established a Texas Child Support Guideline Formula. This standard formula applies to the paying parent’s net income, regardless of their income level.

• 1 child = 20% of Paying Parent’s Net Income
• 2 children = 25% of Paying Parent’s Net Income
• 3 children = 30% of Paying Parent’s Net Income
• 4 children = 35% of Paying Parent’s Net Income
• 5 children = 40% of Paying Parent’s Net Income
• 6+ children = not less than the amount for 5 children

Methods for Paying Child Support in Texas

Parents paying child support in Texas frequently do not make direct payments to the other parent. Instead, the state sends an Income Withholding Order (IWO) to the paying parent’s employer. The payment process for child support in Texas resembles that of payroll taxes. The employer withholds the payment amount and sends it to a state agency. If the paying parent is self-employed, or if the parents have arranged for direct payments in their divorce proceedings, then the paying parent can make direct payments to the conservator parent.

Changing Payment Amounts for Child Support in Texas

Changes in the arrangements for child support in Texas are typically based on changes to the paying parent’s income. If the paying parent’s income decreases, the parent can petition the court for a lower amount. If the paying parent’s income rises, the conservator parent can petition to receive higher payments. Other reasons for changing child support in Texas, such as denial of visitation rights, are invalid. Child support arrangements are usually handled separately from visitation arrangements, so violations of the visitation arrangements have no impact on child support payment obligations.

Penalties for Failure to Pay Child Support in Texas

The penalties for a paying parent for failing to pay child support in Texas can vary. If the paying parent refuses to pay child support in Texas, the state can garnish that parent’s wages, collect any state lottery winnings, or intercept any federal tax refunds. The parent can also be subject to suspension of any state licenses, including driver’s license, business license, or professional license. The parent may also be held in contempt of court orders for failing to pay, which can lead to fines, imprisonment or both.

Source: DivorceNet

Get Answers For Your Child Support in Texas Questions

To find out how we can answer your questions about how laws regarding child support in Texas can affect your case, contact one of our attorneys today. Our intake team will take down the details of your case and quickly connect you to an attorney who understands how to get the most child support in Texas for your child. You can also fill out the “Free Case Evaluation” form at the top of this page.