Texas Child Support

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Texas child support is directly impacted by Federal Law. The Federal Government has promulgated a series of laws and regulations that compel the states to implement certain laws pertaining to child support. Texas has to comply with those law for Texas to continue to receive Federal Funding. The Federal laws that affect Texas law are based upon a substantial body of research that show how much support provided to children in intact families at different income levels. The Federal laws also dictate Texas laws on support collection and enforcement.

Texas child support is based upon guidelines that are presumed to be reasonable and in the best interest of the child. In determining child support pursuant to the guidelines, the Court will also consider several factors to insure an appropriate award. The Court will consider the age of the child, any special or extraordinary educational or health care needs of the child and the parents.

The Texas Family Code contains guidelines for the computation of Texas child support. The guidelines are specifically designed to apply to situations in which the obligor's monthly net resources are $6,000.00 or less. In such cases, the court presumptively applies the following schedule: 20% of the obligor’s net resources for one child, 25% for two children, 30% for three children, 35% for four children, 40% for 5 children and not less than 40% for six or more children. If the parent charged with paying child support has a child or children from another relationship, the support guideline percentages may be reduced.

If the obligor's net resources exceed $6,000.00 per month, the Court will presumptively apply the support guideline percentages to the first $6,000.00 of net resources. Without further reference to the percentage, the court may order additional amounts of child support. The court may not order the obligor to pay more child support than the presumptive amount (as calculated by multiplying the applicable support guideline percentage by $6,000.00) or an amount equal to 100% of the proven needs of the child, whichever is greater.

After examining the financial factors of the case, the Court may issue a Texas child support award that deviates from the child support guidelines. The Court will examine factors such as child care expenses necessary for the employment of either parent, the ability of the parents to contribute to the support of the child, the net resources of the parent to pay support, the financial resources available for the support of the child, the amount of possession and access to the child, the cost of traveling to visit the child, any provision for health care or insurance, the amount of alimony being currently paid or received, whether a parent has custody of another child and any child support expenses being paid or received for the care of another child, any benefits a parent receives from an employer, any wage or salary deductions of the parent, and debts or obligations of a parent, and any positive or negative cash flow from any assets, including a business or investments.

In addition to monthly Texas child support payments, the payor is required to maintain the children on the payor's employment health insurance policy. If insurance is not available through the payor's employment, but is available through the custodial parent’s employment, the parent responsible for paying child support will be ordered to pay the cost of the insurance premium. If neither parent has available insurance, the Court will order the support payor to provide insurance coverage to the extent available and affordable. In addition to health insurance coverage, Courts usually direct the non-custodial parent to pay a share of health insurance deductibles and other uninsured expenses.

All Texas child support orders must, by law, be accompanied by an Order of Withholding. This Order, requires that all Court-ordered child support to be deducted directly from the support payor’s paychecks. Child support is usually ordered to be paid through the county agency charged with recording child support payments, which agency then keeps a record of all payments received and forwards the payment to the child support recipient. A major reason this is done is that, if the support obligor fails to pay support as ordered, the agency has attorneys who will usually represent the payee free of charge in a future contempt hearing.

All Texas Child Support Orders are subject to change, or modification, at any time until the child is emancipated. To change a Child Support obligation, either parent must Petition the Court to request the change. The burden of proof necessary to obtain a modification varies depending on the type of case.

Texas Child Support Orders are also enforceable by the Court. Sanctions for non-payment of child support can include imprisonment, garnishment of wages, and other onerous punishments.

Absent marriage or other acts which would emancipate the child, Texas child support orders continue until the child reaches age 18. If the child is in high school at age 18, support continues until high school graduation. If the child is disabled, it may be possible to continue child support for an indefinite period. Texas law makes no provision for support during college, or the payment of college expenses. However, this can be done by a contract between the parties if an agreement can be reached on this issue.