Child Support
Child support helps provide for a child’s everyday needs after parents separate or divorce. However, determining the appropriate amount involves more than applying a formula to a parent’s income. The court must consider Texas law, the financial circumstances of the parents, and the needs of the child.
Whether you expect to pay or receive child support, understanding how the amount is calculated can help you evaluate your options and make informed decisions about your child’s financial future.
How Is Child Support Calculated in Texas?
Texas courts generally begin with statutory guidelines based on the paying parent’s net resources, which may include wages, salary, commissions, bonuses, self-employment income, and certain other sources of income after permitted deductions.
The calculation may become more complicated when a parent has children from another relationship or receives income from more than one source, such as self-employment, commissions, or bonuses. In some situations, the court may order an amount that is higher or lower than the guideline calculation based on the circumstances of the case.
Before agreeing to a child support amount, it is important to understand what income is being used to calculate child support and whether other factors should be considered by the court.
What Child Support is Appropriate for a High Income Earner?
Child support is calculated differently for a high income earner. In that event, there is a “cap” for those who earn more than $11,700.00 net per month, which for one child would result in child support of $2,340.00 per month. Any child support in excess of that amount would have to be based upon the “needs” of the child. Courts evaluate documented costs like private school, specialized medical or psychological care, the need for a nanny or other costly childcare, and unique extracurricular activities, such as elite sports or horseback riding, competitions and shows.
What Else Can a Child Support Order Include?
Supporting a child involves more than a monthly payment. A Texas child support order also will address health insurance, dental insurance, uninsured medical expenses, and other healthcare costs.
Parents may also need to consider expenses related to childcare, education, extracurricular activities, transportation, and a child’s special medical or developmental needs. Not every expense is automatically included in the monthly child support calculation, so the court order should clearly explain each parent’s responsibilities.
When Can Child Support Be Modified?
A child support order may remain in place for many years, and a family’s circumstances can change significantly during that time. A parent may lose a job, receive a substantial increase in income, become responsible for additional children, or experience a change in health insurance costs. A child’s living arrangements or financial needs may also change.
A modification may be available when there has been a material and substantial change in circumstances. In some cases, a child support order may also qualify for review when it has been at least three years since the order was entered or last modified and the guideline calculation differs from the existing amount by the amount required under Texas law.
Parents cannot change a court-ordered child support obligation simply by reaching an informal agreement. Until the court signs a new order, the existing obligation remains enforceable and can have a negative impact on the obligor’s credit rating, driver’s license renewal or passport issuance.
How Can an Attorney Help with Child Support?
Child support issues can arise during a divorce, when parents are establishing custody, when a modification is needed, or when a child support order is not being followed. An attorney can review your financial information, explain how the Texas child support guidelines apply to your situation, and help you determine whether the proposed amount is appropriate.
With over 30 years of Family Law experience, Paula Lock Smyth helps parents understand their rights and responsibilities and works toward child support arrangements that reflect Texas law and the circumstances of their families.
Contact Paula Lock Smyth Law Offices
If you have questions about establishing, modifying, or enforcing child support, contact Paula Lock Smyth Law Offices at 214-420-1800 or contact the firm online to schedule a consultation.
Frequently Asked Questions
How long does child support last in Texas?
Child support generally continues until a child turns 18 or graduates from high school, whichever occurs later. Support may end earlier in certain circumstances. A court may also order support from either parent for an adult child who requires substantial care and personal supervision because of a qualifying disability.
Can parents agree to a different amount of child support?
Parents may reach an agreement, but the court must determine whether the proposed arrangement is appropriate and in the child’s best interest. An informal agreement does not replace or change an existing court order.
Can child support be changed if a parent loses a job?
A significant change in income may support a request to modify child support, but the amount does not change automatically. The parent must request a modification and obtain a new court order. Delaying that request may result in unpaid support continuing to accumulate under the existing order.
Does child support include medical expenses?
A child support order generally addresses medical and dental support in addition to monthly child support. The order should state who will provide insurance and how the parents will divide uninsured healthcare expenses.
What happens if child support is not paid?
There are several legal options available to enforce a child support order when payments are not being made. A parent who is not receiving court-ordered support should speak with an attorney about the available enforcement options rather than relying on informal promises of future payment.
