Complete Guide to Child Support in Texas: Calculation, Duration, and Penalties

By:
Onward
February 24, 2023
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hild support is an important aspect of family law that ensures that children receive the financial support they need. In Texas, child support is governed by the Texas Family Code, which outlines the guidelines for determining child support payments. In this article, we will explore the basics of child support in Texas and what parents need to know.

Who is responsible for paying child support in Texas?

In Texas, both parents have a legal obligation to support their children. This means that both parents may be required to pay child support, depending on their income and the custody arrangement. Generally, the non-custodial parent (the parent who does not have primary physical custody of the child) is responsible for paying child support.

How is child support calculated in Texas?

Child support payments in Texas are based on a percentage of the non-custodial parent's net income. The percentage varies depending on the number of children involved, as follows:

  • 20% for one child
  • 25% for two children
  • 30% for three children
  • 35% for four children
  • 40% for five or more children
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The net income is calculated by subtracting certain deductions from the non-custodial parent's gross income. These deductions include federal income tax, state income tax, social security taxes, and union dues, among others.

It is important to note that these guidelines are not set in stone, and a judge may deviate from them if the circumstances warrant it. For example, if the child has special needs, the court may order higher child support payments.

How long does child support last in Texas?

Child support in Texas generally ends when the child turns 18 or graduates from high school, whichever comes later. However, if the child has a disability that prevents them from being self-supporting, child support may continue indefinitely.

Can child support orders be modified?

Yes, child support orders can be modified if there has been a significant change in circumstances. For example, if the non-custodial parent loses their job or experiences a substantial increase or decrease in income, they may be able to request a modification of the child support order.

It is important to note that a child support order can only be modified by a court. Parents cannot agree to modify child support payments on their own.

What happens if a parent fails to pay child support in Texas?

If a parent fails to pay child support in Texas, they can face a range of penalties, including wage garnishment, seizure of assets, and even imprisonment. The Texas Attorney General's Child Support Division is responsible for enforcing child support orders and can take legal action against parents who fail to pay.

In conclusion, child support is an essential part of ensuring that children receive the financial support they need to thrive. Texas has clear guidelines for determining child support payments, but it is important to consult with an attorney to ensure that your rights and obligations are fully understood. If you have questions or concerns about child support in Texas, contact an attorney or the Texas Attorney General's Child Support Division for assistance. Looking for an app to help on your co-parenting journey? Download Onward, built for co-parents just like you to help track, share and split your shared child expenses with your co-parent.

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