Houston Child Support: Amounts, Filing, and Enforcement

Child support in Houston is set by the Texas Family Code’s percentage-of-income formula and handled through Harris County family courts or, at no cost, through the Texas Attorney General’s Child Support Division. For one child, the baseline is 20% of the paying parent’s monthly net resources, with higher percentages for additional children. Support exists independently of custody and of whether the parents were ever married.

What You’ll Pay

Texas starts with the paying parent’s gross income and subtracts a defined list of items to reach “net resources”: Social Security taxes, federal income tax figured as a single filer with one exemption and the standard deduction, state income tax, union dues, and the cost of any court-ordered health or dental insurance for the child. If the parent doesn’t pay into Social Security, mandatory retirement contributions come out instead.1State of Texas. Texas Code FAM 154.062 – Net Resources

The guideline percentages applied to net resources are:

  • One child: 20%
  • Two children: 25%
  • Three children: 30%
  • Four children: 35%
  • Five or more children: at least 40%

These percentages apply to monthly net resources up to $11,700.2Office of the Attorney General of Texas. Monthly Child Support Calculator Above that cap, the formula no longer runs automatically; a court can order more if the child’s proven needs justify it.3State of Texas. Texas Family Code Chapter 154 – Child Support

Judges can deviate from the guideline amount when it would be unfair. The statute lists factors a court can weigh, including the child’s age and specific needs, each parent’s earning capacity, work-related child care costs, travel expenses for visitation, and whether a parent is already supporting other children. A parent who is voluntarily unemployed or underemployed can be assigned income based on what they could reasonably earn.4State of Texas. Texas Code FAM 154.123 – Additional Factors for Court to Consider

Medical and Dental Support Are Separate

Every Texas child support order must also address medical and dental support. If a parent has access to health or dental insurance through work, the court can order that parent to enroll the child, and the premium cost sits on top of the monthly cash obligation. When affordable employer coverage isn’t available, the court may order cash medical support — a fixed monthly amount for the child’s health care — in its place.5Office of the Attorney General of Texas. Medical Support General Information Medical and dental support are enforced with the same tools as cash support, including wage withholding.

How to Open a Case in Harris County

A new child support case is filed as a Suit Affecting the Parent-Child Relationship (SAPCR) at the Harris County District Clerk’s Office. If paternity hasn’t been established yet, the first filing is a Petition to Establish the Parent-Child Relationship. Both can be filed through eFileTexas or in person at the civil courthouse.6Office of Harris County District Clerk – Marilyn Burgess. EFiling

The filing fee for a new child support, custody, or paternity case in Harris County is $365.7Office of Harris County District Clerk – Marilyn Burgess. Fee Schedule – Civil and Family If you can’t afford it, you can file an affidavit of inability to pay and ask the court to waive fees. After filing, the other parent must be formally served, usually by a private process server or constable. A hearing is typically scheduled 30 to 90 days after service, depending on the court’s docket.

Using the Attorney General Instead of a Private Lawyer

The Texas Attorney General’s Child Support Division will establish, enforce, and modify orders at no cost, and will help establish paternity. If parentage is disputed, the AG can petition the court to order genetic testing — a cheek swab for both parents and the child, with results in four to six weeks and over 99% accuracy.8Office of the Attorney General of Texas. Court-Ordered Paternity Private family lawyers in Houston generally charge $200 to over $500 per hour; the AG route is slower and higher-volume but costs nothing out of pocket, which works well for straightforward cases.

Documents to Bring

Everything turns on accurate financial information. Pull together recent federal tax returns, W-2s or 1099s, and current pay stubs. If you’re self-employed, bring profit-and-loss statements and business returns. Harris County courts use a Financial Information Statement where each parent lists monthly income, expenses, and assets, so account for wages, self-employment income, investments, and any other money coming in. You’ll also need Social Security numbers for both parents and the children, plus documentation of any health or dental insurance premiums paid for the children. Forms are available through the Attorney General’s website and the Harris County Domestic Relations Office.9Harris County Domestic Relations Office. Self-Represented Services – Forms

How Payments Move

Texas routes payments through the State Disbursement Unit (SDU) in San Antonio rather than directly between parents, which creates a documented record on both sides. The SDU accepts mailed checks and money orders at P.O. Box 659791, San Antonio, TX 78265, and also takes bank drafts and card payments through its Smart e-Pay system.10Office of the Attorney General of Texas. Pay By Mail Electronic payments can take up to seven days to post, so build in a buffer. Each payment needs the AG’s 10-digit case number, the cause number, and both parents’ names.

In most cases none of that is manual. Texas law requires the court to order income withholding in every case where periodic child support is set, so the employer deducts the amount from each paycheck and sends it to the SDU.11State of Texas. Texas Code FAM 158.001 – Income Withholding

Changing the Order Later

A Texas court can modify child support in two situations. The first is a material and substantial change in circumstances for a parent or the child since the last order — job loss, a significant raise, a new child to support, or the child moving households. The second is a three-year/20%-or-$100 trigger: if at least three years have passed since the last order and recalculating under current guidelines would change the payment by 20% or $100, that alone is enough.12State of Texas. Texas Family Code Section 156.401 – Grounds for Modification of Child Support

Incarceration for more than 180 days counts as a material and substantial change, as does release when the obligation was reduced or suspended during the sentence. If the current amount was set by agreement rather than by the guidelines, the three-year automatic review doesn’t apply and only a material and substantial change supports modification.12State of Texas. Texas Family Code Section 156.401 – Grounds for Modification of Child Support

File quickly after a change. A modification only affects payments that come due after the other parent is served; there’s no retroactive relief for months you were already struggling. The filing fee for a modification motion in Harris County is $95.7Office of Harris County District Clerk – Marilyn Burgess. Fee Schedule – Civil and Family

If the Other Parent Doesn’t Pay

The Harris County Domestic Relations Office and the Attorney General monitor payment records and act when a parent falls behind. The first and most common tool is wage withholding, which is already in place in most orders.11State of Texas. Texas Code FAM 158.001 – Income Withholding

When withholding isn’t enough or the parent is self-employed, enforcement escalates. The state can place a lien on real property that stays attached until all arrears, interest, and attorney’s fees are paid.13State of Texas. Texas Code FAM 157.318 – Duration and Effect of Child Support Lien Federal and state tax refunds can be intercepted, and lottery winnings offset. Driver’s licenses, professional licenses, and recreational licenses — hunting and fishing included — can be suspended until the parent makes meaningful progress on the debt.

The strongest sanction is contempt. A judge can find a parent in contempt for willfully refusing to pay, with jail time of up to 180 days per violation, and Harris County courts do impose it. Enforcement is heard in the same family court that issued the original order.14State of Texas. Texas Code FAM 157.166 – Enforcement Order

When Child Support Ends

In Texas, support continues until the child turns 18 or graduates from high school, whichever comes later. It also ends if the child marries, is emancipated by court order, or dies. For a child with a disability as defined by the Family Code, support can continue indefinitely.15State of Texas. Texas Code FAM 154.001 – Support of Child The obligation doesn’t just switch off on a birthday. If your order doesn’t name a specific termination date, get a formal order from the court confirming the end of the obligation and keep paying through the SDU until you have it — otherwise arrears can accumulate.

A Few Things That Often Confuse Parents

Child support is tax-neutral. The parent who pays doesn’t deduct it, and the parent who receives it doesn’t report it as income.16Internal Revenue Service. Alimony, Child Support, Court Awards, Damages The child tax credit is a different question; usually the custodial parent claims the child, but parents can shift the credit to the noncustodial parent by filing IRS Form 8332. A divorce decree alone doesn’t control who gets the credit for tax years after 2008 — the IRS requires the signed form.

Bankruptcy doesn’t wipe out child support. Federal law classifies it as a domestic support obligation that cannot be discharged under any chapter.17Office of the Law Revision Counsel. 11 USC 523 – Exceptions to Discharge Wage withholding, tax intercepts, and license suspensions all continue through a bankruptcy case.

Visitation and support are separate. A parent behind on payments still has the right to court-ordered parenting time, and a custodial parent can’t withhold visitation because support is unpaid. Each is enforced on its own.18Texas Access. Frequently Asked Questions