Child Support

How Child Support Works in Texas

Texas uses a guideline-based system to calculate child support. The amount is based on a percentage of the paying parent's net monthly resources, which includes wages, salary, commissions, tips, overtime, self-employment income, and other sources of income after certain deductions. The guidelines provide a straightforward formula, but applying that formula to real-world finances is often more complicated than it sounds. Natalie Fowler helps parents in Georgetown and throughout Central Texas navigate child support matters -- whether you are establishing an initial order, seeking a modification, or trying to enforce an existing one.

Texas Child Support Guidelines

Under the guidelines, the percentage of the obligor's net resources devoted to child support depends on the number of children:

• 1 child: 20% of net resources
• 2 children: 25% of net resources
• 3 children: 30% of net resources
• 4 children: 35% of net resources
• 5 children: 40% of net resources
• 6 or more children: not less than 40% of net resources

These percentages are adjusted when the obligor has children in more than one household. The court also applies a cap on the amount of net resources subject to the guidelines. For 2024, the cap applies to the first $9,200 in net monthly resources, though the court can order support above that amount in certain circumstances.

Above-Guidelines Support

When the obligor's income exceeds the statutory cap, the court may order additional support beyond the guideline amount if the child's proven needs justify it. This often arises in cases involving high-income parents or children with special medical, educational, or extracurricular needs. Natalie can help you present evidence of your child's actual needs or defend against an above-guidelines request that is not supported by the facts.

Establishing a Child Support Order

Child support can be established as part of a divorce, a suit affecting the parent-child relationship (SAPCR), or a paternity case. The process involves determining each parent's income, calculating net resources, applying the guideline percentages, and accounting for factors like health insurance costs and the needs of other children. When parents agree on support, the terms can be included in a mediated settlement agreement or agreed order. When they do not agree, the court will hold a hearing and set the amount.

Modifying Child Support

Child support orders can be modified when circumstances change. Under Texas law, you can seek a modification if:

• It has been three or more years since the order was signed or last modified, and the monthly amount differs by 20% or $100 from the current guideline amount
• There has been a material and substantial change in circumstances, such as a significant change in either parent's income, a job loss, a new child, or a change in the child's needs

Modifications are not automatic. You must file a motion and either reach an agreement with the other parent or prove to the court that the change is warranted. Natalie helps clients on both sides of modification cases -- those seeking an increase or decrease and those defending against one.

Enforcing Child Support Orders

When a parent falls behind on child support, the other parent has several enforcement options available under Texas law:

• Contempt of court: The court can hold the non-paying parent in contempt, which can result in fines and jail time
• Income withholding: A wage withholding order directs the employer to deduct child support directly from the obligor's paycheck
• License suspension: The state can suspend the obligor's driver's license, professional licenses, or recreational licenses
• Liens and levies: Child support arrearages can result in liens on property and levies on bank accounts
• Interest on arrearages: Unpaid child support accrues interest at 6% per year

Talk to a Child Support Attorney

Child support directly affects your child's daily life and your financial stability. Whether you need to establish an order, adjust an existing one, or hold the other parent accountable for unpaid support, Natalie Fowler can help. Call Fowler Legal PLLC at 512-765-5811 to schedule a consultation.