Know the Law: Child Support Statute in Texas

Texas has child support guidelines to determine how much is owed by the non-custodial parent (Texas Family Code § 154.125). The statute sets presumptive percentages of the obligor’s net resources based on the number of children. Notably, state law limits the income that can be used for guideline calculations. The Office of the Attorney General updates this cap every six years in order to adjust for the rate of inflation. In effect, courts cannot apply guideline percentages to income above the cap unless specific findings justify additional support under Texas law.

Child Support Cap for 2025: As of 2025, the cap in Texas for calculating guideline child support is $11,700 per month in net resources. If a parent’s net resources exceed $11,700, the court uses only the first $11,700 for guideline calculations. For one child, guideline support would be 20 percent of $11,700 ($2,340 per month). 

How Texas Defines Net Resources for Cap Purposes 

The Texas child support cap is based on a person’s “net resources.” That term is broadly defined. It includes wages, salary, commissions, self-employment income, severance, rental income, retirement benefits, and unemployment benefits. However, net resources exclude certain items such as return of principal, federal assistance programs, and foster care payments. Courts may also deduct Social Security taxes, Medicare taxes, union dues, and the obligor’s health insurance payments for the child. Remember, the Texas child support cap applies to net resources, not gross income. That distinction matters. Once the court identifies the correct net number, the guideline percentage applies until the figure reaches the statutory cap. 

Call Our Houston Child Support Lawyer Today

At Lindamood & Robinson, P.C., our Houston family law attorney has extensive experience handling child support cases. If you have any specific questions or concerns about the cap on child support, we can help. Please contact us today to set up your fully confidential, no obligation initial appointment. We handle child support cases throughout Southeast Texas.

Texas Law: Parents Can Negotiate Own Child Support Terms

Under Texas law (Texas Family Code § 154.124), “the parties may enter into a written agreement containing provisions for support of the child and for modification of the agreement, including variations from the child support guidelines.” Indeed, parents in Texas have the flexibility to establish their own financial obligations for the support of their children. Among other things, child support terms that may be subject to negotiation in Texas include:

• Monthly payments;
• The allocation of healthcare costs; and
• Additional expenses such as schooling or extracurricular activities.

A Texas Judge Could Block an Agreement (If Not in Best Interests of the Child)

 Even though parents can agree on child support terms, the agreement must be reviewed and approved by a judge. It is crucial to note that the court’s primary consideration is always the best interest of the child. If the agreed-upon terms are deemed insufficient or unreasonably low in relation to the custodial parent’s financial needs and the noncustodial parent’s ability to pay, a judge can reject the agreement. The Texas Child Support Guidelines provide a baseline for calculations. A deviation from these guidelines should be justified. Still, Texas gives parents considerable latitude to negotiate their own child support settlement.

  A Lawyer Can Help You Negotiate a Child Support Agreement 

While parents have the right to negotiate their own child support terms, navigating this legal process can be challenging. Having an experienced family law attorney can provide invaluable assistance. A Galveston County child support lawyer can help parents understand the statutory guidelines, calculate reasonable child support amounts, and draft a legally sound agreement. They can also ensure that the terms are fair, considering both parents’ incomes, the child’s needs, and any unique circumstances. Lastly, a lawyer can represent your interests in court and provide guidance should a judge question or reject the proposed agreement.

 Call Our Galveston County Child Support Attorney for Immediate Help

At Lindamood & Robinson, P.C., our Galveston County family lawyers have extensive experience handling the full range of child custody matters. If you have any specific questions or concerns about negotiating a child support agreement, we are more than ready to help. Get in touch with us by phone now or send us a direct message to arrange your strictly confidential initial family law appointment. Our firm handles child support cases throughout Galveston County.

Source:

statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm

Texas Law: Modification of Child Support

Once a child support order is in place, it is presumed to be appropriate. In Texas, an ongoing family law obligation—including child support—can be modified. However, the party seeking a modification must prove that a change is appropriate. Under Texas Family Code Sec. 156.401, child support can be modified—either increased or decreased—if there has been a substantial and material change in circumstances.

What You Need to Prove to Get a Child Support Reduction in Texas 

You may be wondering: What constitutes a material and substantial change in circumstances sufficient to justify a child support reduction in Texas? The answer depends on the specific facts of the case. One of the key factors is whether or not the child support guidelines were followed when the amount of child support was initially determined. Here is what you need to prove to get a child support reduction in Texas:

• Getting a Child Support Reduction When Guidelines Were Used: If the Texas child support guidelines were followed when calculating your financial obligations, then the state statute provides additional guidance for what constitutes a material and substantial change in circumstances. If it has been three years since the child support payments were started and the new child support order would differ by 20 percent or $100 per month, then there has been a substantial change in circumstances. This can justify a reduction in payments.
• Getting a Child Support Reduction When Guidelines Were Deviated From: The child support guidelines in Texas are presumed to be appropriate. However, state law recognizes that there are exceptions. If the guidelines were not followed in setting the child support amount, a court must review the specific facts of the case to determine if the change in circumstances is “material and substantial” to justify a reduction in monthly payments. 

Tip: It can sometimes be easier to get a reduction in child support obligations if you can work out an agreement with your co-parent. While certainly not a viable option in all cases, it is certainly something that should be considered. 

Schedule a Confidential Case Review With a Houston, TX Child Support Attorney

At Lindamood & Robinson, P.C., our Texas family law attorney handles all types of child support matters. If you are seeking a reduction in your child support payments, we can help you navigate the process. Contact us today to set up a completely confidential case review. From our office in Houston, we handle child support cases throughout Southeastern Texas.

You may be wondering: Can college costs be part of child support? In Texas, the answer is generally ‘no’—though parents can reach a voluntary (binding) agreement if they choose to do so. In this article, our Houston child support attorney provides a comprehensive guide to the most important things to know about college expenses and child support in Texas.

Texas Law: College Expenses Not a Child Support Obligation 

In some states, there are specialized rules and regulations in place that can make it mandatory for a parent to contribute towards a child’s college costs in certain circumstances. However, in Texas, child support obligations will not include any college expenses. A non-custodial parent’s obligation to provide child support extends to a child’s 18th birthday or when they graduate from high school—whichever occurs later. A parent is not legally required to contribute towards college expenses as part of their child support obligations.

Divorcing Parents Can Reach a Voluntary Agreement on College Costs 

Although child support for a kid’s college expenses cannot be mandated under Texas law, that does not mean that divorcing and divorced parents are without options. You and your co-parent can enter into a voluntary agreement regarding a child’s college expenses either during or after your divorce. A voluntary agreement that is made as part of a divorce or separation can be upheld as a legally valid contract in Texas. If you have questions about this type of agreement, our Houston family lawyers are available to help. 

College Savings Should Be Carefully Handled During Divorce Proceedings 

If you and your spouse saved up money for a child’s college prior to divorce—whether in a tax-advantaged 529 savings account or in any informal manner—it is imperative that those college savings are carefully handled during the divorce process. Collective college savings are subject to the Texas Community property laws. This means that they are the jointly held property of both spouses. In negotiating a property division settlement as part of your divorce, it is important to make preparations for your kid’s college savings, including ensuring that all money and assets already savings are fairly divided and properly protected. 

Speak to Our Houston, TX Child Support Lawyer Today

At Lindamood & Robinson, P.C., our Houston family lawyer has extensive experience handling child support cases. If you have any questions or concerns about college expenses and child support, we are more than ready to protect your rights and interests. Give us a call now or send us a direct message to set up your completely confidential case review. From our Houston law office, we handle child support cases in Harris County and throughout the surrounding area in Southeast Texas.

Source:

usnews.com/education/best-colleges/paying-for-college/articles/paying-for-college-infographic

Child Support: Not Tax Deductible, Not Taxable Income

Child support is paid with after tax income. As explained by the Internal Revenue Service (IRS), “child support payments are neither deductible by the payer nor taxable to the recipient.” In effect, this means that child support is considered to be tax neutral.

The parent who pays child support is responsible for paying the taxes. If they are a W-2 employee, their federal income tax withholding should account for this income. Alternatively, if they are self-employed or have 1099 income, they do not get to claim a deduction for child support.

As a consequence of this, child support is not taxable income for the parent who receives it. If you received child support from your former partner in 2021, you do not have to report that income in your federal tax return. It is already accounted for regarding tax purposes.

A Change in Taxable Income Could Justify a Child Support Modification 

One way in which tax season could affect child support is if the paying parent (obligor) experienced a substantial change in their income. A large change in taxable income—in either direction—could justify a child support modification in Texas.

As an example, imagine that you owe child support in Houston. If your income dropped by 50 percent due to a loss of a job, you may be eligible to get your child support payments reduced. On the other hand, a parent may be entitled to get more child support from their former partner if he or she saw a large increase in their income.

Unpaid Child Support: A Tax Refund May Be Intercepted to Cover Back Due Child Support 

Unfortunately, delinquent child support remains a serious problem in Texas and throughout the country. Parents who are owed child support payments have a number of different collection options available. You may be able to intercept your ex’s federal tax refund. To learn more about this option, contact an experienced Galveston County child support enforcement attorney.

2021 Child Tax Credit: An Overview

The United States has long had a child tax credit in place. The credit allows parents to deduct money directly from their total federal tax liability. As part of the American Rescue Plan’s COVID-19 response, the child tax credit has been temporarily expanded and made “advanceable.” The Internal Revenue Service (IRS) explains that the agency “will pay half the total credit amount in advance monthly payments beginning July 15.” Here is how the American Rescue Plan child tax credit works:

• Eligible families will receive a monthly payment of up to $300 per month for each child 5 years old or younger;
• Eligible families will receive a monthly payment of up to $250 for each child age 6 years old to age 17 years old; and
• Under current law, the policy is only in place for 2021—with payments being sent from July to December of this year.

The Parent Who Claims a Child on their 2021 Tax Return is Eligible for the Credits 

With the new, temporary child tax credit system in place, you may be wondering: How does the 2021 child tax credit work for divorced parents? The short answer is that the parent who claims a child as a dependent on their tax return for 2021 is the parent who is eligible to receive the credit.

As the 2021 tax returns have not been filed yet, the Internal Revenue Service is referring back to tax returns for 2020 to determine where to send the monthly child tax credit advance. Only one parent can claim the tax advance from the government—and the IRS will not split the payment in half.

In most cases, the parent who has primary custody of a child is the one who claims them as a dependent on their tax return. Though, for financial reasons, there are some divorced/separated couples who choose to do it the other way. 

Call Our Family Law Attorneys for Immediate Legal Support

At Lindamood & Robinson, P.C., our family lawyers have extensive experience assisting parents with a wide array of child support matters. If you have questions about the new child tax credit or child support in general, we can help. Contact our team to set up your initial family law consultation. With legal office locations in Houston, we provide family & divorce services to clients throughout Southeast Texas, including in Harris County and Galveston County.

Resource:

irs.gov/credits-deductions/advance-child-tax-credit-payments-in-2021

How the Texas Office of the Attorney General Enforces Child Support 

Non-custodial parents are expected to comply with their child support obligations. If they fail to do so, the Texas Office of the Attorney General may become involved in their case. Here are five enforcement tools that state authorities in delinquent child support cases: 

1. License Suspension: If child support is seriously past due, any license granted by the state of Texas may be suspended. Among other types of licenses, state regulators can move to suspend a driver’s license, hunting license, and professional license.
2. Denial of Passport: Texas authorities can also work directly with federal agencies to block a parent from getting a new or renewed passport because of past due child support.
3. Liens: To recover the child support that is owed, Texas can seek to put a lien on any property held by the parent. This includes real property, bank accounts, and retirement accounts.
4. Credit Reporting: Once child support is seriously delinquent, state authorities will take steps to ensure that information is reported to all three major credit reporting agencies. A record of past due child support can cause serious, long-term damage to a parent’s credit score.
5. Contempt of Court: Finally, the Texas Office of the Attorney General can initiate contempt of court proceedings against a parent who fails to pay. In most cases, contempt is only initiated after other enforcement actions fail to produce results. A parent may face civil contempt, criminal contempt, or both. With civil contempt, a parent will be fined every day until they take sufficient steps to address their overdue child support obligation. With criminal contempt, a parent may be subject to immediate arrest.

Notably, these sanctions are generally applied to parents who fail to pay child support without justification. If you are a Harris or Galveston County parent who genuinely cannot keep up with your obligations for financial reasons, you may be entitled to a child support modification.

Get Help From a Child Support Lawyer in Texas

At Lindamood & Robinson, P.C., our Houston and Galveston family law attorneys have the professional skills and legal experience to handle the full range of child support claims. If you have any questions about past due child support, we are here to help. Contact our firm today for a completely confidential, no obligation family law consultation. We represent parents throughout Harris county, Galveston County, including in Sante Fe, Texas City, and Kemah.

Resource:

cbsnews.com/news/10-billion-in-child-support-payments-going-uncollected-according-to-estimates/

Texas Law: Retroactive Child Support

When a child support order is entered, it is calculated going forward. A parent who obtains a child support order is generally entitled to receive ongoing monthly payments until their child becomes an adult. Retroactive child support is a specialized type of child support that can provide compensation to the child support that should have been paid, had a child support order/agreement been in place sooner. Under Texas law (Texas Family Code Sec. 154.009), retroactive child support is awarded on a case-by-case basis.

Four Factors Texas Courts Consider When Awarding (or Denying) Retroactive Child Support

Many people mistakenly believe that they can only be held responsible for child support if a court order or legally enforceable agreement is in place. In Texas, that is not necessarily true. A court can retroactively find a non-custodial parent responsible for child support that they should have been paying. Under state law, Texas courts are required to consider the following four key factors when in reviewing a retroactive child support case:

1. Whether the custodial parent made an effort to notify the obligor (other parent) of their responsibility to pay child support;
2. Whether the obligor knew or should have known that child support was owed;
3. Whether obligor made has provided any support before the child support order was entered; and
4. Whether a retroactive child support order would cause undue financial hardship to the obligor and their immediate family.

To summarize the standards, Texas courts tend to award retroactive child support when two key criteria are met: The non-custodial parent knew or should have known that had a child to support but were not doing so and the non-custodial parent is currently in a financial position to make up for the support that was not provided. Retroactive child support claims are highly fact-specific legal cases. If you are considering filing for retroactive child support or if you are defending yourself against a retroactive child support claim, an experienced Galveston County family law attorney can protect your rights.

Call Our Galveston County, TX Child Support Lawyers for Help

At Lindamood & Robinson, P.C., our Texas child support attorneys provide sound advice and trustworthy legal guidance to our clients. If you have questions about retroactive child support, we are more than prepared to help. Contact us at 713-654-2112 for a confidential, no-commitment initial consultation. We represent parents throughout Galveston County, including in Galveston, Dickinson, Texas City, Santa Fe, and La Marque.

Resource:

statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm

The State of Texas Uses the Term ‘Income Withholding’ 

In the context of child support, you may hear the term ‘wage garnishment’ used. However, Texas uses the alternative term ‘income withholding’ in official proceedings. As explained by the Attorney General of Texas, income withholding is essentially the same thing as a wage garnishment. Money will be taken directly from an employee’s paycheck and used to satisfy an outstanding financial obligation.

Withholding is Automatic With a Support Order—But Parties Can Stipulate Otherwise 

One of the unique things about the child support laws in Texas is that income withholding (wage garnishment) is automatic with a child support order. Under Texas law (Texas Family Code §158.001), state courts can put an income withholding order in at the same time as the initial child support order. A parent does not have to be behind on their payments for wage withholding.

However, Texas does acknowledge that income withholding is not the best option for every couple. While wage withholding is automatic with a child support order, parties have the ability to stipulate otherwise. Under state law, a court will not issue a child support income withholding order if “ good cause is shown” or there has been an “agreement of the parties.”  

The Maximum Wage Withholding for Child Support is 50 Percent of Disposable Income 

Texas law limits income withholding at 50 percent of a parent’s disposable income for domestic obligations, including child support. Disposable income includes the amount that is left after taxes, Social Security, and other required financial deductions have already been taken out of the paycheck. Calculating a maximum withholding can be more complicated if the obligor (parent who owes child support) is subject to multiple garnishment orders. 

Custodial Parents Have Additional Collection Tools Available for Back Child Support 

If you are owed back child support, wage withholding can be an effective way to get the money. Though, it is not the most effective option in every case. Other legal tools, such as a child support lien, may be more useful in certain situations. If you have any questions about child support enforcement, an experienced Houston family lawyer can help. 

Schedule a Confidential Consultation With a Child Support Lawyer in Houston

At Lindamood & Robinson, P.C., our Houston child support attorneys are committed to providing sound legal advice and trustworthy guidance. If you have questions about child support garnishment/wage withholding, we are here to help. Contact our firm now for a confidential initial consultation. From our Houston law office, we provide child support legal services throughout Southeastern Texas, including in Galveston, The Woodlands, and Sugar Land.

Resource:

childsupport.oag.state.tx.us/wps/portal/WageWithholdingGeneralInformation

Texas Child Support Laws: Medical Support

Child support is the money that helps to contribute to the cost of raising a kid. In Texas, child support is generally paid by the parent who does not have primary physical possession of the child—meaning the parent who the child does not live with most of the time. Generally, child support covers common day-to-day expenses like food, clothing, housing, and supplies.

Medical support is additional child support that a parent pays to cover the cost of providing health insurance coverage and/or cover the cost of unreimbursed medical expenses. Under Texas law (Texas Family Code § 154.181), medical support can include both health care expenses and dental expenses.

Health Insurance (and Dental Coverage) Must Be Provided—But Only at Reasonable Cost

Texas law requires the parent who pays child support to provide health insurance coverage for their kids (and potentially dental coverage), but only if they can do so at ‘reasonable’ cost. The state defines reasonable cost as a non-custodial parent contributing no more than 9 percent of gross annual income to health insurance and no more than 1.5 percent of gross annual income to dental coverage.

Of course, in many cases, parents have access to health insurance for a child through an employer. The most sensible option for providing insurance should be utilized by parents. Some families may look to government programs for support. As explained by the Texas Department of Health and Human Services, lower income families may qualify for child health insurance coverage through Medicaid or the Children’s Health Insurance Program (CHIP).

Uncovered Medical Expenses May Be Divided Proportionally 

A child’s uncovered medical costs are typically divided between the parents, based on the terms of the child support agreement or child support order. To be clear, these costs are not always split 50-50. The parent with the higher level of financial resources will often cover a greater share of the child’s unreimbursed medical costs. A Texas family law attorney can help you reach an arrangement that works for your family while protecting your personal financial interests. 

Contact Our Houston, TX Child Support Attorneys for Help

At Lindamood & Robinson, P.C., our Texas child support lawyers are experienced, reliable advocates for parents. If you have any questions or concerns about child support and health coverage, we are more than ready to help. To schedule a confidential family law consultation, please contact us today. From our legal offices in Houston, we represent parents throughout Southeast Texas, including in Pearland, The Woodlands, Humble, Pasadena, and Mont Belvieu.

Resource:

hhs.texas.gov/hhs-services?utm_source=htgh-domain&utm_medium=decommissioned-url&utm_campaign=website

https://www.lawcl.com/five-child-support-enforcement-tools-in-texas/