Question 1

How does Texas calculate child support?

Accepted Answer

Texas calculates child support as a percentage of the paying parent's monthly net resources under Texas Family Code §154.125. Net resources is not the same as gross or take-home pay — it is gross income minus federal income tax (at the single-filer rate), FICA, Medicare, union dues, and the cost of health insurance for the child. The percentage is 20% for 1 child, 25% for 2, 30% for 3, 35% for 4, and 40% for 5 or more children.

Question 2

What counts as 'net resources' in Texas child support?

Accepted Answer

Net resources under TFC §154.062 include wages and salary, self-employment income (after business expenses), overtime, net rental income, dividends, capital gains, Social Security benefits, pension and retirement income, and other income sources. Deductions from gross income include federal income tax at the statutory single rate, Social Security and Medicare taxes, union dues, and health insurance premiums for the child.

Question 3

Is there a cap on Texas child support?

Accepted Answer

Yes. Texas places a ceiling on the net resources subject to guideline child support percentages. Effective September 1, 2025, that cap is $11,700 per month. The Office of the Attorney General adjusts this figure periodically. Above the cap, the court may order additional support under TFC §154.126 if the child has proven needs and the obligor has the ability to pay.

Question 4

What if a parent is self-employed?

Accepted Answer

For self-employed parents, courts start with Schedule C net income but scrutinize business deductions carefully. Deductions that reduce taxes without reducing actual cash income — such as depreciation and home-office allocations — may not be accepted as true reductions in net resources. Courts may also impute income if they find the parent is intentionally underreporting or underearning.

Question 5

When can I modify child support in Texas?

Accepted Answer

Under TFC §156.401, a child support order can be modified if (1) there has been a material and substantial change in circumstances since the last order, or (2) three or more years have passed since the order was rendered or last modified AND the calculated amount under current guidelines differs by 20% or $100 from the current order. Both conditions of the second ground must be met.

Question 6

What is the 3-year review rule?

Accepted Answer

The three-year review rule (TFC §156.401(a)(2)) allows modification without proving a changed circumstance if: it has been at least three years since the order was rendered or last modified, AND the amount of child support under current guidelines would differ from the existing order by 20% or $100. Either the 20% or the $100 difference is sufficient — both are not required.

Question 7

What happens if the other parent stops paying child support?

Accepted Answer

Missed payments accumulate as arrears — a legal debt — and interest runs at 6% per year. Enforcement tools include wage withholding, license suspension, contempt of court (which can result in up to 6 months in jail per motion), tax refund intercepts, property liens, and passport denial for arrears over $2,500. Either the OAG or a private attorney can file an enforcement action.

Question 8

Can the state help me collect child support?

Accepted Answer

Yes. The Texas Office of the Attorney General Child Support Division provides free enforcement services, including income withholding, tax intercepts, license suspension, credit bureau reporting, property liens, and contempt proceedings. However, OAG cases involve high volumes and limited individual attention. A private attorney can often move faster in complex or contested cases.

Question 9

Can child support arrears be forgiven?

Accepted Answer

Texas courts cannot retroactively reduce or eliminate arrears that have already accrued (TFC §157.262). However, the parent owed the arrears (if the state has no claim) can privately agree to accept less as full satisfaction. This must be documented in writing and, ideally, in a court order. Child support arrears are also not dischargeable in bankruptcy.

Question 10

What is cash medical support?

Accepted Answer

Cash medical support is an additional monthly payment ordered when health insurance is not available to either parent at a reasonable cost (less than 9% of the obligor's annual resources). It is paid like regular child support and is intended to help cover the child's healthcare expenses. Under TFC §154.182, every child support order must address medical support in some form.

Question 11

What if both parents have roughly equal income?

Accepted Answer

Texas does not have a specific formula for equal-income situations in a standard possession order case — the guideline percentages still apply based on who is the obligor. However, if the parents share possession of the child equally (50/50), the court may use an offset approach or consider both parents' incomes when determining the support amount. In true equal-possession, equal-income situations, courts sometimes order a reduced support amount or no support, depending on the circumstances.

Question 12

Does child support end automatically at 18?

Accepted Answer

Not quite automatically. Under TFC §154.001, child support continues until the child turns 18 or graduates from high school, whichever occurs later (but not beyond age 19). Graduation from high school is a key milestone — if the child is still in school at 18, support continues until graduation. Support can also continue indefinitely for an adult child with a disability that existed before adulthood, under TFC §154.302.

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