Yes, child support is mandatory in Texas. The Texas Family Code authorizes courts to order one or both parents to pay support whenever the parents live apart, and the guideline amounts are presumed to be in the child’s best interest.1State of Texas. Texas Code FAM 154.001 – Support of Child A parent cannot opt out by agreement, by walking away, or by claiming they can’t afford it. Ignoring a support order can lead to jail, suspension of your driver’s and professional licenses, denial of your passport, and federal prosecution.
Who Has to Pay and How Much
When parents separate or divorce, a Texas court will order the non-custodial parent to pay support calculated as a percentage of monthly net resources: 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five, with six or more children producing no less than the five-child amount.2State of Texas. Texas Code FAM 154.125 – Application of Guidelines to Net Resources Parents earning under $1,000 per month in net resources pay reduced percentages, each five points lower than the standard schedule.
Net resources sweep in nearly every form of income the paying parent receives, from wages and self-employment income to Social Security, retirement, unemployment, rental income, and even gifts, with a short list of deductions for taxes, union dues, and court-ordered health and dental coverage for the child.3State of Texas. Texas Code FAM 154.062 – Net Resources The percentages apply up to a statutory cap on monthly net resources, which rose to roughly $11,700 effective September 1, 2025. Above the cap, the court can order additional support based on the child’s proven needs.
Can the Court Order a Different Amount?
The guideline percentage is a starting point. A judge can order more or less if the standard calculation would not serve the child’s best interest, weighing factors that include the child’s age and specific needs, how much possession time the paying parent has, each parent’s financial picture and earning potential, extraordinary medical or educational expenses, and whether the paying parent already supports other children.4State of Texas. Texas Code FAM 154.123 – Additional Factors for Court to Consider
Parents can also negotiate their own amount through mediation or agreement. The court still has to approve it, and if the agreed figure deviates from the guidelines, the judge will look hard at whether the deviation makes sense for the child. There is no way to agree your way out of the obligation itself.
When Does Child Support End?
Support in Texas usually continues until the child turns 18 or graduates from high school, whichever comes later.1State of Texas. Texas Code FAM 154.001 – Support of Child It can end earlier if the child marries, is emancipated by court order, enlists in the military, or dies. If the child is 18 or older and stops meeting high school enrollment or attendance requirements, the court can terminate support. The obligation also ends automatically if both parents remarry each other.5State of Texas. Texas Code FAM 154.006 – Termination of Duty of Support
For a child with a physical or mental disability that began before age 18 and requires substantial care, the court can order support to continue indefinitely, with no automatic cutoff.1State of Texas. Texas Code FAM 154.001 – Support of Child
Changing the Amount After It’s Ordered
Mandatory does not mean frozen. Texas allows a modification in two situations: a material and substantial change in circumstances for the child or either parent since the last order, or the passage of at least three years combined with a current amount that differs from today’s guideline figure by at least 20% or $100.6State of Texas. Texas Code FAM 156.401 – Grounds for Modification of Child Support Job loss, serious illness, or a major increase in the child’s needs can qualify. Incarceration for more than 180 days counts as a material and substantial change by statute.
One point trips people up: a modification only applies to payments that come due after the petition is filed and served. The court cannot reduce what you already owe. Waiting months to file while arrears pile up is a mistake you can’t undo later.
What Happens If You Don’t Pay
Enforcement escalates fast, and the tools reach well beyond the family court.
Contempt and Jail
When a parent falls behind, the other parent or the Office of the Attorney General can file a motion for enforcement. A finding of contempt can result in community supervision or jail time, plus an order to pay the other side’s attorney fees and court costs.7Justia Law. Texas Code FAM Chapter 157 – Enforcement In a civil contempt case, the order has to spell out exactly what the jailed parent must do, usually pay a specified sum, to be released.
License Suspension
Fall three or more months behind, and Texas can suspend your driver’s license, professional license, hunting license, and other state-issued licenses. The court or Title IV-D agency has to offer a repayment plan first, with suspension kicking in only if you fail to follow it.8State of Texas. Texas Code FAM 232.003 – Suspension of License For a parent whose income depends on a commercial or professional license, this can turn a payment problem into an earnings problem.
Federal Penalties
Once arrears top $2,500, the federal government can deny or revoke your passport.9Congressional Research Service. The Child Support Enforcement Passport Denial Program If the child lives in a different state, willfully failing to pay for more than a year or owing more than $5,000 is a federal crime carrying up to six months in prison on a first offense. Owing more than $10,000 or staying delinquent for over two years raises the maximum to two years in federal prison.10Office of the Law Revision Counsel. 18 U.S. Code 228 – Failure to Pay Legal Child Support Obligations A conviction brings mandatory restitution for the full unpaid balance, and the statute presumes you had the ability to pay unless you can prove otherwise.
If your circumstances have changed and the current order has become unmanageable, file for modification now rather than waiting. The obligation is mandatory, but the amount can be revisited, and only payments owed after you file are on the table.