Texas Child Support Laws: What You Should Know
When children are involved in a divorce, there are always a lot of questions about child support: Who pays? How much? When does it start? When does it end? What is the payment process like? And what about additional costs that often come up? Do child support payments cover allowances for children or is that something that is worked out between the parents?
Here at Ball Morse Lowe, we understand that divorce with child support can become and is often a confusing process. This blog is aimed at answering questions about Texas child support laws and, at the same time, providing a basic understanding of some additional considerations that are helpful to know before making any final child support decisions.
Our Dallas child support lawyers can assist you in the review and analysis of your or your partner’s child support obligation.
Child Support Payments: Who Pays?
There is an incorrect public presumption that, in a divorce, the father will be ordered to make child support payments. While the father may end up paying child support, there is no law listed in the Texas Family Code that covers child support that requires this. The law actually says that the court may order either or both parents to support a child (Tex. Fam. Code §154.001(a)).
This law even goes one step further in saying that child support payments shall be determined without regard to the sex of the paying parent, receiving parent, or the child, and also without regard for the marital status of the parents (Tex. Fam. Code §§154.010(1)-(2)). This does not give much direction towards answering “Who pays?” So let’s dig a bit deeper into child support guidelines.
Court-ordered child support according to Texas Family Code is designed to help equate a child’s living situation in both parents’ home environments. While conservatorship designations do not determine who pays child support, the non-primary parent (as designated with conservatorship) is almost always the “obligor,” or parent obligated to pay child support.
However, if the primary parent earns significantly higher than the non-primary parent and both parents share child custody, then the higher earning parent may be ordered to pay child support payments.
How Much? Determining the Right Level for Child Support
The Texas Family Code lays out child support guidelines with exact amounts and calculations for determining child support payments based on the non-custodial parent’s net monthly income and financial resources. Child support guidelines are presumed to be in the best interest of the child and have gone largely unchanged since 1989.
The Texas Family Code provides the guidelines for determining child support (Tex. Fam. Code §154.125(b)). First, the non-custodial parent’s net monthly income must be determined. Then the following percentage is applied to the net resources to determine the exact amount of child support owed based on the number of children to be supported as part of a child support agreement:
# of Children % of Obligor’s Net Resources Owed
1 20% of obligor’s net resources
2 25%
3 30%
4 35%
5 40%
6+ Not less than the amount for 5 children
As of September 1, 2021, the Texas Family Code for child support also provides new guidelines for low-income families (Tex. Fam. Code §154.125(c)). These new child support guidelines do not change any of the above guidelines but add to them for obligors whose monthly net financial resources are less than $1,000.00.
In those instances, the court shall presumptively apply the following schedule in determining the appropriate level for child support:
# of Children % of Obligor’s Net Resources Owed
1 15% of obligor’s net resources
2 20%
3 25%
4 30%
5 35%
6+ Not less than the amount for 5 children
If child support is already being paid by the obligor for children not from the marriage, then different calculations must be made to determine the appropriate amount of child support payments. The law provides alternative manners of determining the proper amount of child support payments in these situations (Tex. Fam. Code §§154.128).
In lieu of using one of the alternative methods outlined in §154.128, child support in these situations may be calculated by applying the following percentages to the obligor’s monthly net financial resources (Tex. Fam. Code §154.129):
Multiple Family Adjusted Child Support Guidelines
(% of Net Resources of Obligor)
|
NUMBER OF CHILDREN BEFORE THE COURT
|
|
NUMBER OF OTHER CHILDREN FOR WHOM THE OBLIGOR HAS A DUTY TO SUPPORT
|
0
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
0
|
20.00
|
25.00
|
30.00
|
35.00
|
40.00
|
40.00
|
40.00
|
|
1
|
17.50
|
17.500
|
27.38
|
32.20
|
37.33
|
37.71
|
38.00
|
|
2
|
16.00
|
20.63
|
25.20
|
30.33
|
35.43
|
36.00
|
36.44
|
|
3
|
14.75
|
19.00
|
24.00
|
29.00
|
34.00
|
34.67
|
35.20
|
|
4
|
13.60
|
18.33
|
23.14
|
28.00
|
32.89
|
33.60
|
34.18
|
|
5
|
13.33
|
17.86
|
22.50
|
27.22
|
32.00
|
32.73
|
33.33
|
|
6
|
13.14
|
17.50
|
22.00
|
26.60
|
31.27
|
32.00
|
32.62
|
|
7
|
13.00
|
17.22
|
21.60
|
26.09
|
30.67
|
31.38
|
32.00
|
Effective as of September 1, 2019, the guidelines above apply to situations in which the non-custodial parent’s monthly net financial resources are not greater than $9,200.00, meaning this is the maximum amount of net income that the calculations will be applied to, even if the obligor earns more than that amount.
The maximum amount of income that is applicable to the child support guidelines is adjusted every six years to reflect inflation and will be published in that same year prior to the effective date in the Texas Register, so the next increase in the maximum amount allowable to be calculated will be calculated in 2025 and become effective September 1st of that same year (Tex. Fam. Code §154.125(a-1)).
Can You Enter into a Child Support Agreement in Texas?
To promote an amicable settlement and child support agreement, the Texas Family Code allows for divorce with child support parties to enter into an enforceable written agreement for child support that varies from the guidelines outlined above, and, if found to be in the best interest of the child, the court will render an order in accordance with the agreement (Tex. Fam. Code §154.124(a)-(c)). It may even address allowances for children, extra expenses, and other matters related to child-rearing costs. However, before you sit down to form a child support agreement with your spouse, seek legal advice from an experienced divorce attorney who can answer your questions about child support payments child support enforcement, and questions about visitation.
When Does Disbursement of Child Support Start? When Does It End?
Disbursement of child support begins on the start date designated in the Final Decree of Divorce, which indicates the final and effective terms of divorce. Child support payments must continue until the obligation is no longer owed.
If temporary orders are entered to determine how life will look while the divorce is pending, it is likely that interim child support will be ordered during the pendency of the divorce case. In those instances, the start date for the interim child support payments will be designated in the temporary orders and the interim support will terminate once the Final Decree is signed by the judge, unless otherwise ordered.
If drafted correctly, the Final Decree shall allow for the interim support to end at the same time the final child support begins, leaving no lag time in-between the court-ordered child support obligations.
An obligation to pay child support continues until one of the following occurs (Tex. Fam. Code §154.001(a)):
- the child turns 18 years old or graduates from high school, whichever occurs later;
- the child emancipates through marriage or by court order; or
- the child dies.
If the child is disabled in a manner consistent with the legal definition, then child support may continue for an indefinite period of time (Tex. Fam. Code §154.001(a)(4)).
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