Texas child support laws set the paying parent’s monthly obligation as a fixed percentage of that parent’s net resources: 20% for one child, rising by five points per additional child up to 40% for five or more. The percentages apply to the first $11,700 of monthly net resources, and the order runs until the child turns 18 or graduates from high school, whichever comes later. Both parents share the duty to support their children regardless of whether they were ever married.
How the Payment Is Calculated
Every calculation starts with “net resources.” Under Texas Family Code Section 154.062, that figure includes almost every kind of money a parent actually receives — wages, self-employment income, commissions, bonuses, rental income, retirement and Social Security benefits, unemployment, workers’ compensation, and spousal maintenance among them. Public assistance under TANF, foster care payments, and Supplemental Security Income are excluded.1State of Texas. Texas Code Family Code 154.062 – Net Resources
From that gross figure, the court subtracts Social Security tax, federal income tax calculated as if the parent were a single filer claiming one exemption and the standard deduction, state income tax (which does not apply to Texas earnings but can apply to income earned in another state), union dues, court-ordered health and dental insurance for the child, and mandatory retirement contributions if the parent does not pay Social Security. What remains is net resources.1State of Texas. Texas Code Family Code 154.062 – Net Resources
Then the guideline percentages apply:
- One child: 20%
- Two children: 25%
- Three children: 30%
- Four children: 35%
- Five children: 40%
- Six or more: not less than the amount ordered for five
These are the numbers the court is presumed to use. A party who wants a different amount has to show the guideline result would be unjust or inappropriate given the facts.2State of Texas. Texas Code Family Code 154.125 – Application of Guidelines to Net Resources
Low-Income and High-Income Situations
When monthly net resources fall below $1,000, a reduced schedule applies to cases filed on or after September 1, 2021: 15% for one child, 20% for two, 25% for three, 30% for four, and 35% for five, with six or more no less than the five-child figure.2State of Texas. Texas Code Family Code 154.125 – Application of Guidelines to Net Resources
At the other end, the guideline percentages only reach the first $11,700 of monthly net resources.3Office of the Attorney General of Texas. Monthly Child Support Calculator For income above the cap, the parent asking for more support has to prove the child’s actual needs justify it. High-income cases often turn on detailed evidence about the child’s lifestyle, schooling, and activity costs.
When the Paying Parent Supports Children in Another Home
If the paying parent has a legal duty to support children in more than one household, Texas Family Code Section 154.128 substitutes a multi-step formula for the flat percentage. The court effectively spreads the parent’s resources across all the children owed support, then applies the appropriate percentage to the adjusted figure for the case in front of it.4State of Texas. Texas Code FAM 154.128 – Computing Support for Children in More Than One Household The practical result is a percentage somewhat lower than the standard chart would suggest.
Medical and Dental Support Are Separate
The monthly cash payment is not the whole obligation. Every Texas child support order also has to address health and dental coverage, and those costs sit on top of the guideline amount. Under Section 154.181, the court looks for insurance available at “reasonable cost,” defined as no more than 9% of the paying parent’s annual gross resources for health coverage.5State of Texas. Texas Code FAM 154.181 – Medical Support Order Section 154.1815 uses the same structure for dental coverage with a 1.5% cap.6State of Texas. Texas Code FAM 154.1815 – Dental Support Order
If neither parent can get insurance within those limits, the court can order cash medical support instead, which goes toward the child’s healthcare costs or reimburses the state when the child is on Medicaid or CHIP.
When Support Ends
Under Section 154.001, the obligation runs until the earliest of these: the child turns 18 or graduates from high school (whichever is later), the child marries, the child is emancipated by court order or otherwise, or the child dies.7State of Texas. Texas Family Code 154.001 – Support of Childp>
The graduation piece trips people up. A child who turns 18 in January but graduates in May keeps the payment running through May.
There is one open-ended exception. Section 154.302 allows a court to order indefinite support for a child whose mental or physical disability prevents self-support, provided the disability existed or its cause was known before the child turned 18 and the child needs substantial care and cannot live independently.8State of Texas. Texas Code FAM 154.302 – Court-Ordered Support for Disabled Child
Texas courts cannot order a parent to pay college tuition or other post-secondary costs. Parents can agree to that in a decree or settlement, but no judge will impose it.
Changing an Existing Order
Section 156.401 gives two paths to modify a support order:9State of Texas. Texas Code Family Code 156.401 – Grounds for Modification of Child Support
- A material and substantial change in the circumstances of the child or a parent since the order was entered. Job loss, a big raise, a serious medical diagnosis, or a move can qualify. Incarceration for more than 180 days counts, and so does release from incarceration if support was reduced or suspended during that time.
- Three years have passed since the order was entered or last modified, and the current guidelines would produce an amount that differs from the existing order by at least 20% or $100 per month.
A modification only affects payments coming due after the process starts. You cannot use it to erase arrears you already owe.
What Happens When Support Goes Unpaid
Enforcement in Texas is aggressive, and the tools stack on top of each other rather than replace each other.
Automatic Wage Withholding
Income withholding is not something a parent has to request. Section 158.001 requires it in every case where support is ordered, modified, or enforced.10State of Texas. Texas Code FAM 158.001 The employer receives the order and pulls the payment from disposable earnings before the paycheck goes out.
License Suspension
Falling three or more months behind exposes the paying parent to suspension of a driver’s license, professional and occupational licenses, and hunting and fishing licenses. The parent has to be given a chance to catch up through a repayment schedule first; suspension follows a failure to comply.11State of Texas. Texas Code Family Code 232.003 – Suspension of License
Liens, Passport Denial, and Tax Refund Intercept
The state can attach liens to real estate, bank accounts, retirement plans, life insurance policies, and personal injury claims to collect what is owed.12State of Texas. Texas Code FAM 157.314 A parent with past-due support can be denied a new or renewed U.S. passport, and the federal Bureau of Fiscal Service can intercept a federal tax refund and route it to the arrears before the parent sees it.13Office of the Attorney General of Texas. How We Enforce
Contempt
A court can hold a parent in contempt for willfully failing to pay. Civil contempt uses jail time to coerce payment; criminal contempt punishes the violation. Jail does not erase the debt. The unpaid balance keeps growing.
Bankruptcy Will Not Help
Child support is a domestic support obligation and is specifically excluded from discharge under 11 U.S.C. Section 523. Chapter 7 and Chapter 13 both leave the debt in place.14Office of the Law Revision Counsel. 11 U.S. Code 523 – Exceptions to Discharge
Taxes
Payments are not deductible for the parent paying and not taxable income for the parent receiving. If a joint federal return is caught by the Treasury Offset Program and the other spouse does not owe the debt, that spouse can file IRS Form 8379 (Injured Spouse Allocation) to recover their share.15Internal Revenue Service. Tax Information for Non-Custodial Parents
Opening a Case With the Attorney General
The Texas Office of the Attorney General runs the state’s child support program and handles establishment, collection, and enforcement at no cost to apply. You can apply through the Child Support Division’s online portal or request a paper application at (800) 252-8014; paper takes longer to process.16Office of the Attorney General of Texas. How to Apply for Child Support
The more you can supply about yourself, the other parent, and the children — Social Security numbers, driver’s license numbers, employment history, contact information — the faster the agency can locate the other parent and move the case forward.
If You Are a Survivor of Family Violence
If you need support but do not want the case to reveal where you live, ask the Attorney General’s office about the Address Confidentiality Program before you apply. The program gives you a substitute P.O. box for use on court filings, school and DMV records, and other government documents, and forwards mail to your real address. It is open to survivors of family violence, sexual assault, human trafficking, stalking, and child abduction.17Office of the Attorney General of Texas. Address Confidentiality Program