Texas child support laws use a percentage-of-income formula: the paying parent owes a set share of their monthly net resources, starting at 20% for one child and rising with each additional child, applied to income up to $11,700 per month. The Texas Family Code sets the formula, requires medical coverage, pulls payments straight from paychecks, and gives the state strong tools to collect when a parent falls behind.
How the Amount Is Calculated
Everything starts with “net resources.” Section 154.062 of the Family Code defines this broadly: wages, salary, self-employment income, commissions, overtime, bonuses, tips, rental income (after operating expenses and mortgage), interest, dividends, royalties, retirement benefits, Social Security benefits, unemployment, workers’ compensation, and any other income actually being received.1State of Texas. Texas Family Code 154.062 – Net Resources Supplemental Security Income does not count. Neither do TANF or foster care payments.
From that gross figure, the court subtracts 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 Family Code 154.062 – Net Resources
What’s left is net resources. The court then 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 5 children
These are presumptive guidelines.2State of Texas. Texas Family Code 154.125 – Application of Guidelines to Net Resources They apply only to the first $11,700 of monthly net resources. If the paying parent earns more, the court can order additional support above the guideline amount based on the child’s proven needs.3Office of the Attorney General of Texas. Monthly Child Support Calculator
When a Judge Departs From the Formula
A judge can set support higher or lower than the guideline number if the evidence shows the formula wouldn’t serve the child’s best interests. Section 154.123 lists seventeen factors the court can weigh, including the child’s age and needs, each parent’s earning potential, child care costs, travel expenses for visitation, educational expenses beyond high school, debts, and how much time each parent spends with the child.4State of Texas. Texas Family Code 154.123 – Additional Factors for Court to Consider In practice, the most common reasons for deviation are high medical expenses, significantly unequal parenting time, or a parent who is voluntarily underemployed.
Medical and Dental Support Are Required
Every Texas child support order has to address medical coverage. The court will order one or both parents to provide health insurance if it’s available at a “reasonable cost,” defined by statute as no more than 9% of the paying parent’s annual gross resources for one child. If the order covers more than one child, that 9% cap applies to the combined cost.5State of Texas. Texas Family Code 154.181 – Medical Support Order When private insurance isn’t available or costs too much, the court can order cash medical support, or the child may qualify for Medicaid or CHIP.
Section 154.183 also requires the court to split unreimbursed medical costs, including vision and dental, co-pays, and deductibles, based on each parent’s finances.6State of Texas. Texas Family Code 154.183 – Medical and Dental Support Additional Support Duty of Obligor A 50/50 allocation is common but not automatic. Keep receipts and share documentation promptly.
Payments Come Out of Your Paycheck
Texas doesn’t wait for a parent to fall behind. In nearly every case where the court orders periodic support, it also orders the employer to deduct the amount from each paycheck.7State of Texas. Texas Family Code 158.001 – Income Withholding General Rule The money goes to the State Disbursement Unit, which forwards it to the receiving parent.
Withholding covers wages, bonuses, commissions, overtime, and severance. Federal law caps the total. Under the Consumer Credit Protection Act, no more than 50% of disposable earnings can be withheld if the paying parent supports another spouse or child, or 60% if not. Both caps rise by 5 percentage points when the parent is more than 12 weeks behind.8Office of the Law Revision Counsel. 15 USC 1673 – Restriction on Garnishment
If the paying parent changes jobs, both the parent and the former employer must notify the court or Child Support Division and the custodial parent within seven days. The parent also has to tell any new employer about the withholding order so deductions resume without a gap.9State of Texas. Texas Family Code 158.211 – Notice of Termination of Employment and of New Employment
Taxes
Child support is tax-neutral. The paying parent can’t deduct it. The receiving parent doesn’t report it as income.10Internal Revenue Service. Dependents 6
The child tax credit generally belongs to the custodial parent. The custodial parent can release the claim by signing IRS Form 8332, letting the noncustodial parent take the credit instead. The release can cover one year, several years, or all future years, and it can be revoked later.11Internal Revenue Service. About Form 8332 – Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent Some decrees build in an annual alternation. If your order gives the credit to the other parent, you still have to actually sign and hand over the form.
What Happens When a Parent Falls Behind
Enforcement gets more severe the longer arrears sit. The Attorney General’s Child Support Division handles enforcement in Title IV-D cases, and any parent owed support can also file a motion for enforcement under Section 157.001.12State of Texas. Texas Family Code 157.001 – Motion for Enforcement
Contempt of Court
Courts can hold a parent in contempt for each missed payment. Every payment date that passes without full payment counts as a separate violation. Civil contempt is coercive: the parent stays in jail until they pay or show they can’t. Judges use it often when nothing else has worked.
License Suspension
A parent who owes at least three months of overdue support, has been offered a repayment schedule, and has failed to follow through can lose their licenses.13State of Texas. Texas Family Code 232.003 – Suspension of License “License” here means driver’s licenses, professional and occupational licenses, and recreational permits like hunting and fishing.14State of Texas. Texas Family Code 232.001 – Definitions Losing a professional license can end a career, which is why the statute reaches that far.
Bank Levies, Property Liens, and Tax Refund Interception
Once arrears are confirmed by judgment or administrative determination, the state can levy financial accounts at banks and credit unions.15Texas Statutes. Texas Family Code 157.327 – Execution and Levy on Financial Assets of Obligor Courts can also place liens on real estate and other property, blocking a sale or transfer until the debt is paid.
State agencies also participate in the Federal Tax Refund Offset Program. Texas submits the debt to the U.S. Treasury, which intercepts part or all of the federal refund and redirects it to arrears.16Administration for Children and Families. How Does a Federal Tax Refund Offset Work
Interest on Arrears
Unpaid child support in Texas accrues simple interest at 6% per year under Section 157.265. It applies to overdue balances that exceed the monthly obligation, to arrears reduced to judgment, and to retroactive or lump-sum support judgments. On a large balance, 6% compounds the problem quickly, and the court cannot forgive it.
Bankruptcy Does Not Erase Child Support
Filing for bankruptcy does not discharge child support. Federal law explicitly excludes domestic support obligations from discharge in both Chapter 7 and Chapter 13.17Office of the Law Revision Counsel. 11 USC 523 – Exceptions to Discharge The full balance survives, interest included. The automatic stay that normally halts debt collection during bankruptcy also does not apply to establishing or modifying a support order, withholding income, suspending licenses, intercepting tax refunds, or reporting to credit agencies.18Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay
Changing an Existing Order
A court can modify support in two situations: the circumstances of the child or a parent have materially and substantially changed since the order was set, or at least three years have passed and the current payment differs by 20% or $100 from what the guidelines would produce today.19State of Texas. Texas Family Code 156.401 – Grounds for Modification of Child Support Common triggers are job loss, a promotion, disability, a shift in custody, or a big jump in the child’s medical or educational costs.
The parent seeking the change files a petition in the court that issued the original order. If both parents agree, they can submit agreed terms for the judge to sign off on. Otherwise, the court holds a hearing and decides on the child’s best interests.
One rule catches many parents off guard: modifications are not retroactive. A new amount takes effect only from the date the petition is filed, not from when circumstances actually changed. The federal Bradley Amendment reinforces this by barring states from reducing or forgiving arrears that have already accrued. If you lose your job in January but don’t file until June, you still owe the original amount for those five months. File promptly.
When Support Ends
Support usually continues until the child turns 18 or graduates from high school, whichever is later.20State of Texas. Texas Family Code 154.001 – Support of Child It also ends if the child marries, has their disabilities of minority removed by court order, or dies. If a child has a physical or mental disability that existed before age 18 and prevents self-support, the court can order support to continue indefinitely.21State of Texas. Texas Family Code 154.302 – Court-Ordered Support for Disabled Child After 18, those payments can go directly to the child or into a special needs trust.
When one child in a multi-child order ages out, the payment does not automatically drop. The paying parent has to file a modification to recalculate. Until a new order is entered, the original amount stays in full effect, and cutting the payment unilaterally invites contempt, license suspension, and the rest. Even when support clearly should end, get a court order confirming it.