In Texas, both parents share a legal responsibility to provide financial support for their children. When parents separate or divorce, child support laws are designed to ensure this responsibility is divided fairly. At the core of every child support case is one guiding principle: the best interests of the child. If you’re navigating this complex issue, speaking with a Fort Worth child support lawyer can help protect your rights and secure your child’s financial future.
Child support in Texas is determined by a number of factors, and while the state follows basic guidelines, the courts retain discretion when the circumstances warrant it. Judges may adjust the standard formula to reflect what is truly best for the child, taking into account:
These variables shape the child support obligations in each case, and having experienced child support attorneys on your side ensures your interests are fully represented.
Texas child support payments are generally based on a percentage of the paying parent’s net monthly income. The state’s standard guideline percentages are:
This structured model helps ensure fairness, but certain exceptions may apply depending on the case.
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The calculation begins with a review of each parent’s gross yearly income, which includes:
This figure is divided by 12 to determine gross monthly income. Then, standard deductions are subtracted to reach net monthly income:
Texas courts are also cautious about income manipulation. If a parent is voluntarily unemployed or underemployed to reduce their support obligation, the court may impute income based on earning potential.
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The State of Texas places both a minimum and a maximum cap on child support. As of now, the income cap is $9,200 in net monthly income. Child support amounts are calculated based on this cap unless the receiving parent can show that additional support is in the child’s best interest.
Judges may consider exceeding the cap when the child has significant needs—such as medical conditions or educational requirements—and when the paying parent has the financial means.
It’s important to understand that child support and custody are legally distinct. One cannot be withheld in retaliation for the other. A parent may not refuse to pay child support because they aren’t receiving their court-ordered visitation, nor can they deny visitation because support hasn’t been paid. Both actions are violations of a court order and can lead to legal consequences.
If you’re facing a situation where your ex is withholding support or parenting time, the appropriate response is legal action through the court—not personal retaliation. Family courts aim to protect children’s rights to financial support and meaningful relationships with both parents, unless extraordinary circumstances suggest otherwise.
At Mims Ballew Hollingsworth, our experienced child support lawyers understand the stress and uncertainty that can come with these cases. Whether you’re seeking fair support payments, defending against unfair demands, or addressing unpaid obligations, we’re here to help.
With deep knowledge of Texas child support law and a commitment to individualized solutions, our team stands ready to guide you through every step. Contact us today to schedule a consultation and learn how our Fort Worth child support attorneys can help protect your family’s financial stability.
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Both parents are responsible for supporting their child financially. When parents separate, the non-custodial parent might be ordered by the family court to provide child support to the custodial parent. The court should consider each parent’s income and financial resources when issuing child support orders. Your lawyer can ensure your child support order is fair if you must pay child support.
Child support cases often take less time than other family law matters. This is because Texas follows an objective formula for calculating child support. The cases can take longer if the parent who should pay support is voluntarily unemployed or underemployed to try to minimize the support order. Support modifications can also take longer to resolve, as parents must prove or challenge changed financial circumstances.
If you are involved in a child support case, you should have documentation of your income, other financial resources, and necessary expenses. If you are a custodial parent, you should have your parenting plan and conservatorship order from the family court. Your attorney can advise you if you need additional documents to support your child support case.
In Texas, child support can last until a child turns 18 or graduates from high school, whichever is later. Child support can also terminate if a child gets legally married or emancipated from their parents.
Sometimes, child support can last longer, such as when a child has a disability and requires ongoing parental support as an adult. If a parent owes arrears, these can continue past a child’s 18th birthday, as well.
Failing to pay child support is a serious matter, and the Texas Child Support Services division can take action against the parent to induce them to pay. Some actions a parent might face include wage garnishment, suspension of a driver’s license or passport, or even criminal charges if the situation constitutes criminal non-support.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization.
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