Child support in Texas plays a crucial role in ensuring children’s financial stability after parents separate or divorce. Most commonly, child support is a monthly payment from the non-custodial parent (the parent without primary custody) to the custodial parent. The amount is typically calculated based on the guidelines in the Texas Family Code, but those “cookie-cutter” calculations don’t always fit every family’s needs.
At Mims Ballew Hollingsworth, our Southlake child support lawyers have decades of experience representing parents in all types of child support arrangements—whether you are seeking to establish, enforce, or modify an order.
In most cases, child support payments continue until a child turns 18 or graduates from high school—whichever comes later. However, some situations can extend or shorten this period, including:
Courts also address related financial responsibilities, such as:
Most payments go through the Texas State Disbursement Unit and are often garnished directly from the paying parent’s wages to ensure timely delivery.
The court typically calculates child support by determining the paying parent’s net monthly income (net resources) and applying a percentage based on the number of children:
If the parent supports other children not before the court, these percentages may be reduced.
For parents earning more than $9,200 per month in net resources, the guidelines place a cap, meaning child support is calculated on $9,200 regardless of higher earnings—unless the court finds a reason to deviate.
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While there’s a presumption in favor of the standard formula, Texas judges can adjust amounts upward or downward. Factors include:
These deviations ensure that child support orders truly meet the child’s best interests.
Net resources include:
They do not include accounts receivable, the return of principal, or the income of a new spouse.
For straightforward cases—like a salaried employee with regular pay stubs—calculations are simple. But for self-employed parents, business owners, or those with fluctuating investment income, calculations require more in-depth review. Our child support attorneys regularly handle these complex cases to ensure accuracy.
Children of high-net-worth individuals are often accustomed to a different lifestyle than other kids. This can include attending an expensive private school, participating in costly extracurricular activities, and going on extravagant vacations.
Child support guidelines may not be sufficient to cover expenses associated with this lifestyle of children of high-net-worth individuals. With high-net-worth individuals, it is possible for the court to deviate from child support guidelines and order more child support than the statutory maximums.
Above guidelines, child support cases are complex and require a high level of attention to detail and an attorney with experience. At Mims Ballew Hollingsworth, our child support lawyers are experienced in representing high-net-worth families. Whether you are seeking to receive child support that exceeds the statutory maximum, or you want to avoid paying more than is appropriate, our child support attorneys will work with you and prepare to effectively present arguments in support of your position.
Retroactive child support can be ordered when a parent has failed to provide financial support before a court order was in place. This often occurs in paternity cases.
Courts consider factors such as:
Texas law presumes retroactive orders cover up to four years prior, but this can be extended in certain circumstances.
Whether you are establishing a new child support arrangement, modifying an existing order, or dealing with enforcement issues, you need an attorney who understands both the legal and financial complexities involved.
At Mims Ballew Hollingsworth, our child support attorneys will develop a strategy tailored to your situation, protect your financial interests, and ensure your children’s needs are met.
Contact us for a free consultation to discuss your case and learn how we can help!
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In Texas, child support is typically based on the paying parent’s monthly net resources. Courts apply a percentage—20% for one child, 25% for two, 30% for three, and so on—up to a maximum cap set by Texas law. Net resources include wages, self-employment income, rental income, retirement benefits, and other earnings. The court may adjust this amount for factors such as other children the parent supports or special needs.
Yes. Texas allows child support modifications if there has been a material and substantial change in circumstances—such as a significant change in income, job loss, or changes in the child’s needs. A review is also available if it has been three years since the last order and the current amount differs by at least 20% or $100 from what guidelines would require.
Texas child support orders typically require one parent to provide health and dental insurance for the child. The cost of the insurance premium may be factored into the child support calculation, and the other parent may be ordered to reimburse a portion of the cost. Uninsured medical and dental expenses are usually split between parents, often equally.
In most cases, child support continues until the child turns 18 or graduates from high school, whichever comes later. Support may continue indefinitely if the child has a disability requiring ongoing care.
Retroactive child support is support ordered for a period before the legal case was filed. Texas courts may award up to four years of retroactive support, depending on factors like whether the parent knew about their obligation and whether not paying caused hardship for the child. The court calculates the amount based on the paying parent’s income during the retroactive period.
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.
