TEXAS CHILD SUPPORT GUIDELINES

The Texas Family Code contains guidelines for the computation of child support. The guidelines are specifically designed to apply to situations in which the obligor's (person who must pay support) monthly net resources are $7,500.00 or less. In such cases, the court applies the following schedule:

NOTE: If the Obligor has children from another relationship(s), the percentages listed above may be reduced

NET RESOURCES

To determine a person’s “net resources,” deduct the following from their income:

1. Social Security Tax
2. Federal Income Tax (based on the tax rate for a single person claiming one exemption and the standard deduction)
3. State Income Tax
4. Union Dues
5. Health Insurance (for Obligor’s children)

Income Includes the Following:

• SALARY 
• SEVERANCE PAY
• COMMISSIONS 
• RETIREMENT BENEFITS
• OVERTIME 
• PENSIONS
• TIPS 
• TRUST INCOME
• BONUSES 
• ANNUITIES
• DIVIDENDS 
• CAPITAL GAINS
• SELF-EMPLOYMENT INCOME 
• SOCIAL SECURITY
• NET RENTAL INCOME 
• UNEMPLOYMENT BENEFITS
• INTEREST INCOME 
  

Absent marriage or other acts which would emancipate the child, 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.

MODIFICATIONS

How can child support be modified?

The court can change or modify the current child support order if:

• the circumstances of the child or a person affected by the order have materially and substantially changed; or
• the order has been in effect for over three years and;
• applying the above guidelines would increase or decrease the support obligation by $100 or 20%. 

What is a Material and Substantial Change?

The courts have identified several events that amount to a material and substantial change.  Marriage to another person can be a material and substantial change.  A change in residence, age, medical condition, employment, criminal history or the relationship between the parents making the current orders unworkable can be found by the court to be a material and substantial change.

FREQUENTLY ASKED QUESTIONS

Q: I lost my job. Can I stop paying my child support until I find another job?

A: No. You must continue to pay child support or risk being held in contempt of court. If this is not possible, make every effort to pay as much as you can. You can go to court and ask that your payments be lowered if your income has dropped substantially.

Q: If I die before my child support obligation ends, is my estate responsible for continuing to pay child support?

A: Generally speaking, your estate will be responsible for paying the child support payments you would have otherwise paid yourself. Life insurance enables you to provide for your children. You may designate a conservator to ensure the money goes to the children’s food and shelter needs.
 

Q: Can I pay my child support payments directly to the other parent?

A: Usually the answer is no. In virtually all cases, child support is required to be paid through the registry of the court or the Texas Child Support Disbursement Unit.

Follow the directions in the child support order when paying the support. This will ensure that you will be credited with each payment. As a general rule, providing money, clothes, toys and such is considered a gift outside of your child support obligation.

Q: If my former spouse is behind on child support payments, can I prevent his or her visitation?

A: Parenting time and child support are not dependent on each other. It is not considered to be in the best interests of the child to prevent contact with the other parent because of child support problems. You have other remedies, like going to court or the child support enforcement office, if your former spouse is not making child support payments.

Q: Is child support required to taken from my paycheck?

A: It is not required in all cases, but normally the court will order child support to be taken directly from your paycheck. Wage withholding is required by law in cases receiving full services from the Office of the Attorney General. This is good for both parents. It is more reliable for the custodial parent, and it creates a record of payments for the non-custodial parent.

Q: Can my child's other parent avoid paying child support by filing for bankruptcy?

A: No. Child support obligations are not dischargeable in bankruptcy.