If you are in a child custody dispute, you may wonder if Texas has a maximum child support amount. Yes, there usually is one. Learn about the cap on child support payments in the following article. If you have child support questions, our Dallas child support attorneys at Orsinger, Nelson, Downing & Anderson can help.
Overview Of Child Support In Texas
With few exceptions, child support in Texas is based on the paying party’s net income from all sources.
Most employers are also required by Texas law to withhold child support from your paycheck and if ordered, back child support and medical support. Income that is subject to child support withholding are:
- Wages, overtime, tips, commission, and self-employment income;
- SSDI and VA disability;
- Unemployment;
- Social Security retirement;
- Worker’s comp benefits; and
- Self-employment from ride-sharing or delivery apps
A paying party is required in most cases to pay child support until the later date of when the last child turns 18 or graduates from high school. If there is back child support to pay (arrears), payments will continue even after your child turns 18, and until you have paid the debt.
The basic percentage guidelines for child support payments in Texas, where only a single order exists and all children of the paying party are before the Court, are:
- 1 child: 20% of net monthly income
- 2 children: 25% of net monthly income
- 3 children: 30% of net monthly income
- 4 children: 35% of net monthly income
- 5+ children: 40% of net monthly income
To increase or decrease one’s child support payment, you must show a significant change in circumstances for the parents or child. If a parent who pays child support has children from another relationship, the percentages noted above can lower by a bit.
Noncustodial Parent Responsible For Child Support
In Texas, primary physical custody often determines which parent makes child support payments. While the family court judge can order either or both parties to financially support a child, the parent with the least time with the child usually makes child support payments.
However, just because the “noncustodial” parent makes child support payments, this does not mean the other parent does not have a duty to support the child or is not required to pay their own funds to raise the child. Both parents are required to support the child by spending directly for child-rearing costs.
Maximum Child Support Amount In Texas
There IS a presumptive cap on Texas child support, and it is revised every six years. On September 1, 2019, the “maximum” monthly net resources to calculate child support was increased from $8,550 to $9,200.
As noted above, the Texas Family Code has guidelines for a ‘soft cap’ on the monthly amount of child support, which means the courts do not typically order child support payments that are more than those percentages outlined herein. This policy, in theory, allows for child support to be determined according to each family’s specific needs.
So, yes, Texas usually DOES have a cap on child support payments, but there are exceptions to the general rule.
Frequently Asked Questions About Child Support In Texas
What is Child Support?
Child support is a court-ordered payment made by the noncustodial parent to the custodial parent to help cover the costs of raising a child.
How is Child Support Calculated?
In Texas, child support is typically calculated based on a percentage of the noncustodial parent’s income. The percentage varies depending on the number of children:
- 1 child: 20% of the noncustodial parent’s net income
- 2 children: 25%
- 3 children: 30%
- 4 or more children: 35%
Who Can Apply for Child Support Services?
Any parent, including mothers, fathers, and other caregivers, can apply for child support services through the Office of the Attorney General in Texas.
How Do I Open a Child Support Case?
You can open a child support case by applying for child support services through the Office of the Attorney General. You can apply online, by phone, or in person at a local child support office.
What Services Does the Child Support Program Provide?
The Child Support Division of the Office of the Attorney General provides services such as locating absent parents, establishing paternity, obtaining court orders for financial and medical support, enforcing child support orders, and collecting and distributing child support payments.
Can Child Support Orders Be Modified?
Yes, child support orders can be modified if there is a significant change in circumstances, such as a change in income, employment status, or the needs of the child.
What Happens if the Noncustodial Parent Doesn’t Pay Child Support?
If the noncustodial parent fails to pay child support, the Office of the Attorney General can take enforcement actions, such as wage garnishment, intercepting tax refunds, suspending driver’s licenses, and even pursuing contempt of court charges.
How Long Do I Have to Pay Child Support?
Child support typically continues until the child turns 18 or graduates from high school, whichever is later. However, it can be extended if the child has special needs.
What Should I Do If I Can’t Afford to Pay Child Support?
If you’re struggling to pay child support, it’s important to contact the Office of the Attorney General or a family law attorney to discuss your options. You may be able to request a modification of the child support order based on your financial situation.
Contact Our Dallas Child Support Attorneys
Child support is often one of the most challenging parts of a divorce. Whether you need to make child support payments or want to receive it, you will be helped immensely by retaining an experienced attorney to advocate for your rights. If you have questions about your case, contact our Dallas child support attorneys at Orsinger, Nelson, Downing & Anderson at (214) 273-2400.
(Updated 1/13/2025)