Child support in Texas is set by a statutory formula: the paying parent owes a fixed percentage of their monthly net resources — 20% for one child, and more for each additional child — applied to the first $11,700 of net resources as of September 1, 2025.1State of Texas. Texas Family Code 154.125 – Application of Guidelines to Net Resources The Texas Office of the Attorney General’s Child Support Division handles case establishment, paternity, and enforcement across the state.2Office of the Attorney General of Texas. All Divisions – Section: Child Support Because the numbers come from statute, judges have less room to improvise than most people expect.
Who Pays, Who Receives, and How Long It Lasts
Texas Family Code § 154.001 lets a court order support from one or both parents until the child turns 18 or graduates from high school, whichever is later.3State of Texas. Texas Family Code FAM 154.001 – Support of Child Support also ends if the child marries, is emancipated by court order, or dies. Usually the noncustodial parent (the “obligor”) pays the custodial parent (the “obligee”), and the court decides who fills each role based on the actual possession schedule — where the child spends the majority of nights.
There is one open-ended exception. If a child has a mental or physical disability that requires substantial care and prevents self-support, and the disability exists or its cause is known on or before the child’s 18th birthday, a court can order support indefinitely. Payments can go to a parent, a guardian, the adult child, or a special needs trust.4State of Texas. Texas Family Code FAM 154.302 – Support of Child
How the Monthly Amount Is Calculated
Texas uses a percentage-of-income model. The court starts with the obligor’s gross income, subtracts specific deductions to get “net resources,” and applies a fixed percentage tied to the number of children.
What Counts as Income
Net resources include nearly everything the obligor actually receives: wages, salary, overtime, commissions, bonuses, tips, self-employment earnings, interest, dividends, rental income (after operating expenses and mortgage payments), retirement benefits, unemployment and workers’ compensation benefits, capital gains, and Social Security benefits other than SSI.5State of Texas. Texas Family Code 154.062 – Net Resources Gifts, prizes, and spousal maintenance count. Excluded: return of capital, accounts receivable, TANF and other federal public assistance, and foster care payments.
What Gets Deducted
Before applying the percentage, the court subtracts:
- Social Security taxes
- Federal income tax, calculated as a single filer claiming one exemption and the standard deduction (not the obligor’s actual tax bill)
- State income tax, which matters only for income earned in another state since Texas has none
- Union dues
- Court-ordered health and dental insurance premiums for the child
- Mandatory retirement contributions, but only if the obligor doesn’t pay Social Security (some government employees)
The result is monthly net resources.5State of Texas. Texas Family Code 154.062 – Net Resources
Guideline Percentages and the Cap
Once net resources are set, the court applies these percentages:
- 1 child: 20%
- 2 children: 25%
- 3 children: 30%
- 4 children: 35%
- 5 children: 40%
- 6 or more children: not less than the amount for five
The percentages only apply to the first $11,700 of monthly net resources.1State of Texas. Texas Family Code 154.125 – Application of Guidelines to Net Resources The cap adjusts every six years for inflation, and it rose from $9,200 to $11,700 on September 1, 2025. If the obligor earns more than the cap, the guideline calculation stops there. A court can order additional support above the cap only if the child’s proven needs justify it, such as private school tuition, significant medical expenses, or specialized activities.
A worked example: a parent with one child and $5,000 in monthly net resources pays $1,000 per month under the guideline. With two children, that becomes $1,250. Judges can deviate, but they have to make specific findings explaining why.
Medical Support Is Part of Every Order
A Texas child support order isn’t only cash. Every order must address health care coverage, and the statute sets a priority. The court first looks at whether either parent can get insurance through an employer or union at a reasonable cost, defined as a premium no greater than 10% of the obligor’s monthly net income. If employer coverage isn’t available at that cost, the court can order a parent to buy coverage elsewhere. If nothing private is accessible at a reasonable cost, the obligor pays cash medical support up to 9% of annual gross resources, and the custodial parent applies for Medicaid or CHIP.6State of Texas. Texas Family Code 154.182 – Health Care Coverage for Child
When the custodial parent carries the insurance, the obligor reimburses the child’s share of the premium as additional child support. If several children share a plan, the cost is divided equally among the covered minors to isolate the child’s portion.
How Payments Are Made
Every Texas support order carries an automatic income withholding provision. The court or the Attorney General’s office directs the obligor’s employer to deduct support from each paycheck and send it to the State Disbursement Unit.7State of Texas. Texas Family Code 158.001 – Income Withholding General Rule This is the default in every case, not something either parent can opt out of.
Self-employed obligors, and anyone who needs to pay outside of wage withholding, can use the State Disbursement Unit’s Smart e-Pay system, which accepts bank drafts, credit and debit cards, and platforms like Apple Pay, Google Pay, Venmo, and PayPal. Cash options are available as well.8Office of the Attorney General of Texas. How to Pay Child Support
One expensive mistake: paying the other parent directly in cash, on Venmo, or in the form of gifts rather than routing payments through the State Disbursement Unit. Direct payments may not count as child support in the court’s records, and only payments through the official system have the paper trail a court will recognize in a dispute.
What Happens When a Parent Doesn’t Pay
Texas stacks enforcement tools on top of each other, and unpaid support doesn’t quietly age out.
State Enforcement
The Attorney General’s office can pursue several remedies without the custodial parent hiring a private attorney:
- Contempt of court, which can include jail time; the enforcement order must identify each specific violation and the relief granted.9State of Texas. Texas Family Code 157.166 – Contents of Enforcement Order
- Suspension of driver’s, professional, and hunting or fishing licenses under Family Code Chapter 232.
- Child support liens on real property, bank accounts, and other assets. The lien remains until arrears, interest, attorney’s fees, and court costs are paid in full.10State of Texas. Texas Family Code 157.318 – Duration and Effect of Child Support Lien
- Interest at 6% simple per year on each delinquent payment until it’s paid.11State of Texas. Texas Family Code FAM 157.265 – Interest on Child Support Arrearages
Federal Enforcement
Federal remedies kick in at set thresholds:
- Tax refund intercept through the Treasury Offset Program, which can seize federal refunds (including any child tax credit) once arrears reach $500, or $150 if the custodial parent receives public assistance.
- Passport denial for arrears over $2,500. The State Department will refuse to issue or renew a passport and can revoke an existing one. Payment plans and partial payments don’t lift the block; the balance has to reach zero.12Office of the Law Revision Counsel. 42 U.S. Code 652 – Duties of Secretary
- Federal criminal charges for willfully refusing to pay support for a child in another state when the debt exceeds $5,000 or has gone unpaid more than a year. A first offense carries up to six months. Above $10,000 or more than two years unpaid, the ceiling rises to two years and the court must order restitution for the full amount owed.13Office of the Law Revision Counsel. 18 U.S. Code 228 – Failure to Pay Legal Child Support Obligations
Modifying an Existing Order
Texas allows modification on two grounds.14State of Texas. Texas Family Code 156.401 – Grounds for Modification of Child Support The first is a material and substantial change in circumstances since the order was signed: a lost job, a change in where the child lives, a serious medical diagnosis. Bring documentation — pay stubs, medical records, a new custody order.
The second is the three-year rule. If at least three years have passed since the order was set or last modified, and recalculating under current guidelines would change the monthly amount by at least 20% or $100, the court can modify without a dramatic life change.14State of Texas. Texas Family Code 156.401 – Grounds for Modification of Child Support
Two limits worth knowing. A court will not reduce support because the obligor voluntarily quit or cut hours; voluntary unemployment or underemployment is not a valid basis for lowering the obligation. And any modification only applies to payments coming due after the other parent is formally served with the modification suit. Arrears already accrued under the old order stay owed.
Establishing Paternity First, for Unmarried Parents
Before a court can order support from an unmarried father, legal paternity has to exist. The simplest route is a voluntary Acknowledgment of Paternity, signed by both parents and often completed at the hospital.15Office of the Attorney General of Texas. Acknowledgment of Paternity (AOP) Once filed with the Vital Statistics Unit, it carries the same legal weight as a court order. Either parent can rescind within 60 days of filing; after that, it’s binding unless challenged for fraud, duress, or material mistake of fact.
If the mother was married to someone other than the biological father when the child was born, or within 300 days before the birth, Texas presumes her husband is the father. The husband has to sign a denial of paternity on the AOP form before the biological father can be named.15Office of the Attorney General of Texas. Acknowledgment of Paternity (AOP) If the parties can’t agree, either parent or the Attorney General’s office can petition the court for genetic testing.
When Parents Live in Different States
If one parent lives in Texas and the other lives elsewhere, the Uniform Interstate Family Support Act (UIFSA), which Texas has adopted, controls. Only one state has jurisdiction over a support order at a time, and other states must enforce it without modifying it unless the original state loses jurisdiction because neither parent nor the child still lives there.
Tax Treatment
Child support is tax-neutral. The parent who pays cannot deduct it, and the parent who receives it does not report it as income.16Internal Revenue Service. Tax Information for Non-Custodial Parents This holds at both federal and Texas state level. It’s easy to confuse with alimony, which historically had different rules, but child support has never been deductible or taxable.