Many parents ask whether they can agree to no child support in Texas. This question often comes up when parents co-parent well, share expenses, or earn similar incomes. In high-income households, parents may already be covering a child’s needs without monthly payments changing hands.
The short answer is this. Parents cannot simply opt out of child support. Any agreement for no child support must be reviewed and approved by a Texas court. Child support belongs to the child, not the parents. Courts take that responsibility seriously.
Is Child Support Mandatory in Texas?
Texas law starts with a presumption that child support is required. Courts rely on Texas child support guidelines found in the Texas Family Code. These guidelines calculate support based on income and the number of children.
A judge must ensure that any child support order serves the best interests of the child. Even when parents agree, the court has a duty to review the terms. Support can differ from the guidelines, but only when there is a clear reason.
For an overview of how courts calculate support, visit how child support is calculated in Texas at https://www.familylaw-tx.com/how-is-child-support-calculated-in-texas/.
Can Parents Agree to No Child Support?
Parents can reach an agreement that proposes no child support or reduced support. This tends to arise in a small subset of agreed divorces or custody cases, most often where parents have similar incomes, equal parenting time, or significant shared resources. However, the agreement is not final until a judge approves it.
The court will look closely at the facts. The focus is always on the child’s needs. Judges do not approve agreements simply because both parents consent.
Why Courts Are Cautious About No-Support Agreements
Courts approach no-support agreements carefully for several reasons.
Child support is a legal right of the child.
Children’s needs can change over time.
Courts want to reduce the risk that a child may later need public assistance. While this outcome is not common when judges carefully review and approve no-support agreements, courts are aware that financial circumstances can change over time. This concern is one reason judges require clear proof that the child will remain supported even if a parent’s income or situation later shifts.
Because of this, judges often require strong evidence that the child will be fully supported without child support payments calculated according to Texas child support guidelines.
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Child Support Agreements Without Court Approval
Some parents rely on private agreements. This is risky. A child support agreement without court approval is not enforceable. Even if both parents agree and follow the arrangement for years, the court does not recognize it unless it is signed by a judge.
If child support payments stop or a disagreement arises, the court will still look to the last signed order. A parent may owe back support, interest, and penalties based on that order, even if the other parent subsequently agreed to accept lower child support payments. The reverse is also true. If the paying parent voluntarily agrees to pay more under a private arrangement and later stops, the receiving parent has no legal recourse to collect the increased amount without going to court. Informal agreements also create uncertainty if a parent loses income, remarries, or seeks public benefits. Private agreements do not protect either parent or the child.
Speak with a Fort Worth child support attorney before entering into a private child support arrangement. Parents in Southlake can explore support options with a Southlake child support attorney.
When a Judge May Approve No Child Support or Reduced Support
Texas courts may approve deviations from the guidelines in limited situations. Common examples include near-equal possession schedules, where both parents have the child close to half the time.
In some cases, one parent pays many significant child-related expenses directly instead of making monthly child support payments. This may include school tuition, health insurance and medical costs, childcare, extracurricular activities, and/or other day-to-day expenses. The other parent is typically contributing in different ways, such as covering the majority of daily living costs (while the child is in their care). Courts look at the full financial picture to decide whether the overall arrangement is fair and whether the child’s ongoing needs are reliably met.
High-income cases may also qualify because the child’s needs can be fully met without traditional monthly child support payments. When both parents have substantial resources, courts may approve arrangements that focus on direct support rather than guideline calculations. For example, parents may agree that one parent will fund education costs, long-term savings, medical expenses, or extracurricular activities, while both parents separately cover housing and daily expenses during their parenting time. Judges will still require detailed financial information and clear terms to confirm that the arrangement consistently supports the child and serves the child’s best interest.
How to Legally Deviate From Texas Child Support Guidelines
To deviate from the guidelines, parents must file an agreed order with the court. The order must explain why the guideline amount is not appropriate.
Courts often require proof that the child’s needs are fully met. This may include evidence of shared expenses or direct payments.
Any deviation must still reflect the best interest of the child. Judges have full discretion to reject agreements that do not meet this standard.
Risks of Trying to Avoid Child Support
Trying to avoid child support can have serious consequences. Unpaid support can turn into arrears, even if a parent believed they had an informal agreement. Once arrears accrue, they are difficult to undo. Courts can order wage withholding, intercept tax refunds, place liens on property, suspend licenses, and impose other enforcement actions.
A parent’s credibility may also suffer. Judges pay close attention to whether a parent follows court orders and acts in good faith. Attempts to sidestep child support obligations can affect future custody, enforcement, or modification requests. Courts remember patterns of noncompliance, especially when a parent appears to put their own financial interests ahead of the child’s needs.
How MBH Helps Parents Create Enforceable Child Support Agreements
At Mims Ballew Hollingsworth, we help parents create child support agreements that hold up in court. Our attorneys work together on each case. This team approach allows us to handle complex financial situations with care and precision.
We assist with drafting agreed orders, presenting evidence for guideline deviations, and protecting long-term financial interests. This collaborative strategy is especially valuable in high-asset cases.
If you are considering changing, reducing, or deviating from child support, speak with an attorney first. Schedule a confidential consultation today.
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We put you and your family first! Whether you are facing divorce, seeking adoption, or have a child custody case, you can rely on our legal team. Contact us today for a case review or legal consultation.
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Content reviewed by a Board Certified family law attorney Constance Mims.
FAQ
Parents can propose an agreement, but a judge must approve it. Private agreements alone are not enforceable.
Texas courts presume child support is required. Any change must still meet the child’s best interest.
You can discuss terms privately, but the agreement has no legal effect until approved by a court.
A judge may approve it in limited situations, such as equal possession or high-income cases, if the child’s needs are fully met.
The court can enforce the last valid order. Arrears, interest, and penalties may apply.
