Texas Family Law – Child Support in Texas

Family court judges apply consistent guidelines to calculate payments the non-custodial parent makes for child support in Texas. The amount of these payments is derived from the Texas Child Support Guideline Formula. This formula factors in the incomes of both parents and the number of children that require financial support. The calculation of “income” can include workplace compensation, such as wages and salary, as well as other sources of revenue, such as unemployment benefits, Social Security checks and lottery winnings.

Purpose of Child Support in Texas

The purpose of child support in Texas is to provide children with the essential financial support required to cover the costs of their food, clothing, shelter, education and medical care. Typically, child support payments are not intended to pay for more extravagant expenses, such as after-school tutoring, summer vacations, or extracurricular activities. However, spouses should keep these expenses in mind and can discuss making optional arrangements to cover these costs.

Child Support in Texas Calculations

The calculations for child support in Texas start with determining the non-custodial parent’s gross income. Annual gross income can come from sources ranging from wages, salary and sales commissions to investment income, trust funds and disability awards. The payee’s annual net income is determined by taking the gross income and subtracting federal income taxes, Social Security taxes, health insurance premiums, medical expenses and union dues. The child support payments are based on the payee’s monthly net income, starting with 20 percent for the first child and 5 percent for each additional child requiring support.

How to Pay Child Support in Texas

For payees that receive regular paychecks, payments for child support in Texas go through the employer via an income withholding order, or IWO. The IWO requires that the payee’s employer withhold the child support payment from the employee’s paycheck and submit that amount to the state child support enforcement agency. This agency then relays the payment to the custodial parent. Payees that are self-employed or work on commission must make arrangements for direct payments or face strict penalties.

Changes to Child Support in Texas

Parents can request changes to the amount of payments for child support in Texas. A payee who suffers a job loss or decrease in income can petition the court to reduce the amount of child support payments. A recipient who has suffered a decrease in income or who learns that the payee has earned more income can request an increase in the payment amount. Even if the parents agree on changes to the amount of the monthly payments, the agreement is not binding unless approved by the family law courts.

Penalties for Failure to Pay Child Support in Texas

The penalties for failure to pay child support in Texas can vary, depending on the nature and frequency of the delinquent payments. Payees who are late or deficient in their payments can have their wages garnished by the state. If they win any prizes in any state lottery games, the state can also collect those prizes and put them toward the delinquent amounts. The state may also suspend the payee’s driver’s license, business licenses or professional licenses. Serious offenders may be found in contempt of court and face fines or imprisonment.

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