Under Texas child support guidelines, child support is always paid by the noncustodial parent based on their monthly net income. The noncustodial parent is the parent with whom the child does not spend the majority of their time or the parent with whom the child does not live. This parent is called the obligor, or the one obligated to make payments.

Child support can be retroactive to the birth of the child, so if you know you have a child, get your child support set up as quickly as possible. I have seen cases where a father was ordered to pay child support 10 years after the child was born and immediately had an arrearage in the tens of thousands of dollars. The father knew he had a child but chose to do nothing about it. Do not let this happen to you. If you have child support questions, we’ve got answers. Contact us today!

Monthly payments are calculated based on the net monthly income of the noncustodial parent. People think voluntary withdrawals like 401(k) contributions and other discretionary withdrawals can be deducted from gross monthly income when calculating child support payments. This is untrue.

The only deductions from your monthly gross income are federal income taxes, Social Security taxes, Medicaid, and union dues. After these deductions, the monthly net income is multiplied by a percentage based on the number of children. For those engaged in self-employment, the numbers can be tricky, and our attorneys can help you determine how much child support you should pay.

Child support calculations are partially based on the number of children to support and any other children you are responsible for supporting. Your monthly percentage for calculating support can be reduced if you have other children you have a duty to support, such as biological children from a previous relationship. Remember, your children must be biological or legally adopted children to be counted for child support.

There is a cap on how much child support can be paid in Texas, which is updated every six years to account for inflation. Currently that cap is $9,200 net income per month. If you make more than this, your child support may be capped. The Texas Family Code, however, provides soft cap guidelines that are intended to prevent undue hardship for parents. This soft cap is 20 percent of the custodial parent’s net income, plus another 5 percent per each additional child after the first. The code also permits the family courts to determine support on a case-by-case basis for the needs of the individual family. Dealing with these caps can be stressful and scary, which is another reason why it is important to have an experienced Texas divorce lawyer in your corner.

The state of Texas makes child support payments as simple as possible, with several options available. These include:

• Online payments through a web portal
• Mailing a check
• Automatic wage withholding
• Automatic account withdrawal

Those collecting unemployment benefits will see child support payments withdrawn through automatic withholding. If you need assistance or more information, our law firm is ready to help. We’ll simplify the child support process, so call today.

The only way child support payments can be changed is by the family courts. Agreement by the parents is not enough. You must have grounds to change a child support order. Such grounds may include:

• A material and substantial change in the circumstances of the paying parent, the child, or someone else affected by the order
• An amount of time passes consisting of at least three years since the previous order and a difference in payment of 20 percent or $100

Parents can request reviews of the current child support amount every three years through the Attorney General’s Office or by contacting an attorney.

Under Texas law, child support must continue until one of the following circumstances is met:

• The child reaches 18 years old.
• The child graduates from high school (if this happens after their 18th birthday).
• The child dies.
• The child gets married or becomes legally emancipated.

If your child is disabled, either physically or mentally, the courts may order indefinite child support unless or until that disability ends.

The state of Texas takes failure to pay child support very seriously. Payment of child support is enforced by the Office of the Attorney General, which may take many different steps to force you to pay. These include:

• Suspension of a driver’s, hunting, fishing, or professional license
• Denial of a passport (new or renewed)
• Liens on properties, bank accounts, insurance plans, retirement funds, settlements, awards, personal injury claims, and any other assets the Attorney General deems appropriate

Do not get caught failing to pay child support. Let us help you meet your responsibilities.