Updated on August 26, 2024
If you are facing a divorce that involves children, are seeking child support outside of marriage and divorce, or are facing a child support modification case, you undoubtedly have questions, and the answers to those asked most frequently by others in your situation can help.
When the matter is as serious as your children’s best interests, working closely with an experienced Round Rock child support attorney is always advised.
Your Children’s Best Interests
To begin with, it is important to know that the State of Texas makes every child support determination in the children’s best interests. Generally, the parent who has the children for the majority of their overnights—or the parent who serves in the primary custodial role—receives a predetermined percentage of the other parent’s net income in child support payments.
Even when parents divide their parenting time more evenly, however, the parent with higher earnings typically pays child support. The court also has the discretion to deviate from this standard practice when circumstances call for it.
Can my ex and I determine child support between ourselves?
Yes, you and your ex can—at least theoretically—negotiate child support terms between yourselves. However, the state is invested in ensuring that each parent continues to support their children financially in accordance with their ability to do so.
Ultimately, you will need to make your child support orders official with the court, and if the amount you have agreed to falls below what the court would have ordered according to their calculation guidelines, it is unlikely to be approved.
Every child support order is based on the unique circumstances involved. This means that, if there is a significant reason for ruling outside the state’s guidelines, the court will do so. The court has considerable discretion in the matter, which makes having skilled legal guidance on your side from the start an excellent plan.
How is child support calculated in Texas?
Texas implements statutory guidelines for child support, which set the percentage of the net income that the parent who is required to pay child support—or the obligor—must pay. The amount is based on the number of children covered by the child support order and the total number of children that they have a legal obligation to support.
The calculation process in Texas involves the following five steps:
Identify every source of income that the obligor brings in.
Deduct all expenses that qualify in order to determine the obligor’s net income.
Determine the percentage of net resources that apply in the case at hand.
Consider any additional factors that might support a deviation from the guidelines.
Determine whether there are any automatic reductions in child support that apply, such as if a covered child marries or joins the military.
What percentage of the obligor’s net income is owed per child?
The state of Texas starts with a base rate of 20 percent of the obligor’s net income for one child, and the percentage increases from there. The basics include:
For one child, the obligor will generally pay 20 percent of their net income in child support.
For two children, the obligor will generally pay 25 percent of their net income in child support.
For three children, the obligor will generally pay 30 percent of their net income in child support.
For four children, the obligor will generally pay 35 percent of their net income in child support.
For five children, the obligor will generally pay 40 percent of their net income in child support.
For six or more children, the obligor will generally pay no less than 40 percent of their net income in child support.
Is there a limit to how much child support can be ordered?
Yes, the State of Texas puts a cap on earnings for the child support calculation process, but this does not mean that there aren’t exceptions to the rule. The cap is set at $9,200 in net income per month, but if the obligor’s pay exceeds this amount, they’ll generally owe the greater of the following:
The appropriate percentage for the number of kids covered on the first $9,200 of their earnings each month, which translates to 20 percent for 1 child, 25 percent for 2 children, and so on
Up to 100 percent of their children’s needs
Depending upon the standard of living established while the parents were married or on the standard of living that the children enjoy when they are with the obligor, their needs could be significantly higher than the specific percentage of the cap set by the state.
In these situations, the parent’s child support obligation can be higher than the capped amount. Further, if a child has special needs, the obligor can be required to cover up to 100 percent of these needs, which can exceed the capped amount.
How is the obligor’s net income calculated?
Every source of income the obligor has is included in the child support calculation process, including in all the following forms:
All salary, hourly wages, tips, overtime pay, bonuses, and commissions
All income from self-employment or from business ownership
All income from royalties, interest, and dividends
All retirement benefits, social security benefits, and pension payments received
All gifts and prizes received
Any alimony received from another marriage
Any disability, unemployment, or workers’ compensation benefits received
Any earnings from annuities or trusts
Any capital gains
Any net rental income
Any child support received from another marriage or relationship
Any non-cash compensation earned through work
The following specific forms of income, however, are not included in the child support calculation:
Any income that a new spouse earns or any resources that a new spouse has
Any benefits paid from federal assistance programs
Any foster care payments
Any return of capital or return of principal, which refers to a return on the investor’s original investment
Which deductions apply to the calculation of net income?
All the following deductions can be subtracted from the obligor’s earnings to determine their net income, which will be used to calculate their child support payments:
Federal and state income taxes
Social security taxes
Non-discretionary retirement plan contributions
The amount the obligor pays for the children’s health and dental insurance, as well as any out-of-pocket medical expenses they cover
Child support is a complicated legal matter, and having a seasoned child support attorney in your corner helps to ensure that your financial rights are well protected.
When do Texas courts deviate from the standard child support calculation process?
Texas courts begin with the presumption that the child support guidelines are in the children’s best interests. In order to deviate from these guidelines, the court must determine that the amount set forth is unjust or inappropriate under the circumstances.
In making their determination, the court will take factors like the following into account:
Each child’s age and developmental stage
Each child’s physical, financial, and emotional needs, including any special needs
Each parent’s overall education, job history, and earning potential
The cost of traveling in relation to the parenting time arrangements
Each child’s overall mental and physical health
Each parent’s age and overall mental and physical health
The amount of parenting time each parent is awarded
The debt load that each parent carries
It’s important to note that Texas courts pay careful attention to obligors who are artificially underemployed or unemployed for purposes of lowering their child support obligation, and the court is likely to calculate their obligation according to the income they should be earning.
Which parent pays child support in Texas?
Both parents are responsible for supporting their children financially, and when they’re not together, one of them will generally have a child support obligation that is intended to balance this financial support between the parents according to each parent’s ability to pay and according to the circumstances involved.
In cases where one parent takes on the primary custodial role—that is, they have the children for the majority of their overnights—the other parent generally has the child support obligation. When parents split their parenting time more evenly, however, the parent with higher earnings generally pays child support.
Is there a child support minimum?
There is no set child support minimum in the State of Texas. The amount of child support is dictated by the child's needs and the payor’s income, in addition to any other relevant factors. As mentioned, however, Texas courts do not tolerate parents who purposefully earn less to lower their child support obligations.
When does the child support obligation end in Texas?
The obligor is required to pay child support until the child reaches the age of 18 or graduates from high school, whichever comes later. If the child support order covers more than one child, the amount will be reduced incrementally – according to percent – until all the covered children have aged out.
There are, however, instances when Texas courts order indefinite child support, such as when a child has significant physical or mental disabilities or emotional challenges.
There are also instances when child support will end early, such as the following:
If the covered child marries
If the covered child joins the military
If the covered child becomes legally emancipated
How are child support payments made in Texas?
When the court issues a child support order in Texas, it includes an income withholding order (IWO) that requires the obligor’s employer to withhold the child support amount from their paycheck. The funds then go to the child support enforcement agency, which sends the payment to the receiving parent.
This ensures a careful record of child support payments, which helps keep the system running more smoothly and allows recipients to rely on payment regularity.
When the obligor is self-employed or owns their own business, they must make their child support payments directly to the other parent.
What is child support intended to cover?
The parent who receives child support can use it to cover any of the nearly countless expenses that arise in relation to raising children, and they can do so according to their own discretion. Child support is designed to cover costs in all the following categories:
The children’s basic necessities, such as food, clothing, and shelter
The children’s medical expenses, including those costs not covered by insurance, such as copayments and prescription medications
Childcare expenses
Educational fees associated with the children’s elementary and secondary schooling – the cost of the children’s post-secondary education generally isn’t included in the child support calculation unless it is addressed by a prenuptial agreement or through negotiations between the parents
The children’s participation in extracurricular activities and travel
The children’s entertainment
Can I withhold parenting time if my ex fails to pay child support?
No, a parent can’t withhold parenting time in response to the other’s failure to pay child support, and the reverse is also true – a parent can’t withhold child support in response to the other’s failure to accommodate court-ordered parenting time.
Both child support and parenting time are determined in accordance with the children’s best interests. And when one is used against the other, it manages to harm the children twice. If your ex isn’t paying the child support you’re owed, it’s time to consult with a trusted child support attorney.
What happens when the payor doesn’t make their child support payments?
If your ex is not making their child support payments, it is important to take the matter up with the court. Withholding parenting time in retaliation is not an option.
Texas courts are concerned with children’s best interests, and parenting time and child support are prime examples. Limiting one in response to the other hurts children in two ways, which is in direct opposition to the intentions of Texas courts.
Research and prevailing wisdom support the fact that children are better off when they spend a significant amount of time with each parent, and child support is critical to supporting children financially. When a parent makes a habit of not paying child support, the court can take all the following actions:
Garnishing their wages
Putting a lien against their property
Seizing their state or federal tax refunds
Seizing their lottery winnings
Reporting their delinquency to the credit bureaus
Denying their passport
Charging them with contempt and issuing a warrant
Requiring them to spend time in jail
Every case involving failure to pay child support is considered in relation to the unique circumstances at hand.
What should I do if I can’t afford to make my child support payments?
If you find yourself in a situation in which you can’t make your child support payments, such as if your financial circumstances have changed considerably, it’s time to take action. Stay as up-to-date with the payments as you can and seek a modification through the court.
Simply ignoring the issue will not work in your favor, and if warranted, the court will grant you a modification that better aligns with your altered financial circumstances.
What if my ex owes back child support after our children are grown?
The state can go after any back payments your ex owes – even if your children are no longer covered. What’s more, they charge interest on late payments. This means that the back payments they owe will continue to increase until they pay them off.
Can I seek a child support modification?
If your child support order has been in place for at least three years, you can seek a child support modification, and it will likely be awarded if the calculated payments have changed by at least 20 percent or by at least $100 in the interim.
Further, either parent can seek a child support modification at any time if either one has experienced a significant change in circumstances, such as:
They lost their job.
The child custody arrangements, themselves, have changed.
Either parent earns considerably more than they did at the time that child support was calculated.
The children are spending significantly more time with the obligor.
Discuss your case with a savvy child support attorney today.
What happens when the obligor has children from another relationship?
The fact that the obligor has children in different households will generally affect their child support obligation in the case at hand, and the number of additional children involved will play a primary role. Consider the following by way of example:
If the obligor has 1 child in the current case and 1 additional child whom they cover, the percentage of their net income owed in your case will be reduced from 20 percent to 17.5 percent.
If the obligor has 2 children in the current case and 2 additional children whom they cover, the percentage of their net income owed in your case will be reduced from 25 percent to 20.63 percent.
If the obligor has 3 children in the current case and 3 additional children whom they cover, the percentage of their net income owed in your case will be reduced from 30 percent to 24 percent.
If the obligor has 4 children in the current case and 4 additional children whom they cover, the percentage of their net income owed in your case will be reduced from 35 percent to 28 percent.
An Experienced Round Rock Child Custody Attorney Is Standing by to Help You
If you are facing a child custody concern, the stakes are high, and proceeding with skilled legal guidance is always to your advantage. Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving Round Rock, Texas, for more than 20 years – is a formidable child custody attorney who is committed to fiercely advocating for your case’s best possible resolution.
The outcome of your case is important to you and your children, so please don’t put off contacting or calling us at 254-781-4222 to schedule your free consultation and learn more about what we can do to help you today.