Texas child support is set by a judge or agreed to by both parents, calculated using the state's formula, and enforced through wage withholding or other collection methods.

In Texas, child support is a court order requiring one parent to pay money to the other parent or to the state for the care of a child. The amount is calculated using a specific formula based on the paying parent's income, the number of children, and custody arrangement. Once ordered, the payment is typically taken directly from the paying parent's paycheck through wage withholding. If a parent falls behind, the state can intercept tax refunds, suspend licenses, or pursue other enforcement actions.

The process begins when one parent files a suit in district court or when the state's child support office gets involved through a case referred by the Texas Attorney General. A judge reviews both parents' income, existing custody orders, and other factors, then issues a child support order. Parents can also agree to an amount without going to court, though a judge must still approve it.

Key Takeaways

  • Texas calculates child support using a percentage of the paying parent's net income: 20% for one child, 25% for two children, 30% for three children, up to a maximum of 40% for five or more children.
  • The paying parent's employer is ordered to withhold child support from their paycheck, and the money goes to the state disbursement unit before reaching the receiving parent.
  • If a parent owes back child support, the state can intercept federal and state tax refunds, suspend driver's licenses, and report the debt to credit agencies.
  • Either parent can ask a court to change the child support order if circumstances change significantly, such as job loss or a major increase in income.
  • The Texas Attorney General's Child Support Division handles enforcement and collection at no cost to parents who receive support through the state system.

How Texas Calculates the Amount You Owe or Receive

Texas uses a guideline amount based on the paying parent's net monthly income. The percentage depends on how many children need support. For one child, it is 20% of net income. For two children, 25%. For three children, 30%. For four children, 35%. For five or more children, 40%. Net income means gross income minus taxes, Social Security, Medicare, and some other deductions — not what you take home after rent or other bills.

The calculation stops at a net income of $9,200 per month (as of 2024, though this amount adjusts yearly). If a parent earns more than that, the judge can order support above the guideline amount but must state reasons in writing. The judge can also order less than the guideline if the paying parent has other children to support, has significant debt, or other factors apply.

If both parents share custody equally, the calculation is more complex. The judge looks at each parent's income and the percentage of time each parent has the child. The parent with higher income typically pays the parent with lower income, but the amount is reduced because both parents are sharing time and expenses.

Who Collects the Money and How It Reaches the Receiving Parent

Child support is collected through the State Disbursement Unit (SDU), a centralized system run by the Texas Attorney General. When a child support order is issued, the paying parent's employer receives a Withholding Order for Support. The employer must deduct the amount from the employee's paycheck and send it to the SDU, which then distributes it to the receiving parent or to the state if the receiving parent is on public assistance.

The SDU processes payments and keeps records of what was paid and when. The receiving parent can check their account online through the Texas Attorney General's website to see payment history. If the paying parent is self-employed or does not have a regular employer, the court order may require direct payment to the SDU or to the receiving parent, or the state may use other collection methods.

If the paying parent loses a job, the withholding order stays in effect and will be sent to the new employer. The paying parent must notify the court or the child support office of a job change, but the withholding follows automatically in most cases.

What Happens If a Parent Falls Behind on Payments

When a parent owes back child support, called arrears, the state has several enforcement tools. The most common is tax refund intercept: the state can take federal and state income tax refunds and apply them to the debt. The paying parent will receive notice before this happens.

The state can also suspend a driver's license, professional license, or occupational license if arrears reach a certain threshold. A parent can request a hearing to show they cannot pay or to work out a payment plan before suspension takes effect. The state can also report the debt to credit agencies, which affects the paying parent's credit score.

In cases of willful non-payment, a parent can be held in contempt of court and face jail time. However, jail is typically used only after other enforcement methods have been tried and the parent has had a chance to explain why they are not paying. If a parent cannot pay because of job loss or hardship, they should contact the child support office or file a motion to modify the order rather than simply stop paying.

Modifying a Child Support Order

Either parent can ask a court to change the child support amount if there has been a material and substantial change in circumstances. This means a significant change, not a small fluctuation. Common reasons include job loss, a major increase or decrease in income, a change in custody, or a new child born to the paying parent.

To modify an order, the parent files a motion in the same district court that issued the original order. The parent must show the change in circumstances and propose a new amount. The judge will review both parents' current income and other factors and issue a new order if the change is substantial enough. The new order typically takes effect on the date the motion is filed, not the date the judge signs it.

If a parent's income has decreased, they should file for modification as soon as possible. If they wait months or years, they may still owe the old amount for the time that passed. The court will not usually go back and reduce arrears that built up before the modification was filed, unless the parent can show they filed promptly and the change was beyond their control.

The Role of the Texas Attorney General's Child Support Division

The Texas Attorney General's Child Support Division handles most child support cases at no cost to parents. If a parent receives support through the state system — meaning the receiving parent is on Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), or Medicaid — the state automatically pursues collection. If a parent is not on public assistance, they can still ask the state to handle collection and enforcement.

The state's role includes locating the paying parent, establishing paternity if needed, setting the support amount, collecting payments, and enforcing the order. Parents do not need a lawyer to use this service, though either parent can hire one if they choose. The state's office can be reached through the Texas Attorney General's website, and parents can check their case status online.

When Parents Agree on an Amount Without Going to Court

Parents can agree to a child support amount and put it in writing as a Agreed Order. This order must still be signed by a judge to be enforceable, but it avoids a trial. The judge will review the agreement to make sure it is not unfair to either parent or the child and that it follows Texas law.

An Agreed Order can be part of a divorce settlement or custody agreement. Once the judge signs it, it has the same force as an order issued after a trial. The paying parent's employer will receive a withholding order, and the state will collect and distribute payments the same way. If circumstances change later, either parent can still file to modify the order.

Frequently Asked Questions

Does child support end automatically when a child turns 18?

Child support ends when the child turns 18 or graduates from high school, whichever is later, unless the child is disabled. The paying parent does not have to file anything — the order simply expires. However, if the paying parent owes arrears, those do not disappear. The receiving parent or the state can still collect back payments owed.

What if the paying parent is unemployed or disabled?

A parent who cannot work should file a motion to modify the order and explain the situation to the judge. The judge may reduce or suspend support temporarily, or order a smaller amount based on unemployment benefits or disability payments. Simply not paying without going to court will result in enforcement action. The state may also help locate work or training programs.

Can child support be ordered for a child born outside of marriage?

Yes. If paternity is established — either through a voluntary acknowledgment or a court order — child support can be ordered. The Texas Attorney General's office can help establish paternity and set support. The process is the same as for divorced parents.

What if the paying parent moves out of Texas?

Texas can still enforce the order through the Uniform Interstate Family Support Act (UIFSA). The state can work with the other state to collect from the paying parent's wages or assets. The paying parent cannot escape a Texas child support order by moving, though enforcement may take longer if they move out of state.

Can I get child support if I have custody but the parents were never married?

Yes, if the paying parent's paternity is established. You can ask the Texas Attorney General's office to help establish paternity and set support. If the paying parent contests paternity, a judge will order genetic testing. Once paternity is confirmed, support is calculated the same way as for divorced parents.