Texas child support starts with a court order that sets a monthly payment amount, and either parent can request it through the Texas Attorney General's office or a private family law attorney.

In Texas, child support is a legal obligation for a parent to contribute money toward their child's living expenses. The state has specific rules about how much a parent pays, who collects it, and what happens if payments stop. The process begins when one parent files for support — usually during a divorce or custody case, but also after a child is born outside of marriage.

Texas courts use a formula based on the paying parent's income to calculate the amount. The money goes to the other parent (or guardian) to help cover food, housing, medical care, and other needs. If the paying parent falls behind, the state can take action to collect the debt, including wage garnishment and license suspension.

Key Takeaways

  • Texas calculates child support as a percentage of the paying parent's gross income, ranging from 20% for one child to 50% for five or more children, though judges can order different amounts in certain situations.
  • A child support order is a court document that specifies the monthly payment amount, who pays, and who receives the money, and it remains in effect until the child turns 18 or graduates high school, whichever is later.
  • Payments can be made directly between parents, but the state recommends using the Texas Payment Center so the state can track compliance and enforce the order if needed.
  • If a parent stops paying or pays late, the other parent can ask the court to enforce the order, and the state can garnish wages, intercept tax refunds, and suspend driver's licenses.
  • Either parent can ask the court to change the support amount if their income changes significantly or if the custody arrangement changes.

How Texas Calculates the Support Amount

Texas uses a guideline calculation based on the paying parent's gross monthly income. The percentage depends on how many children need support. For one child, the guideline is 20% of gross income. For two children, it is 25%. For three children, 30%. For four children, 40%. For five or more children, 50%.

Gross income includes wages, salary, commissions, bonuses, self-employment income, rental income, and some benefits. It does not include means-tested benefits like food stamps or Supplemental Security Income (SSI). The court calculates the amount before taxes are taken out.

A judge can order a different amount if the guideline would be unfair — for example, if the paying parent has very high income, very low income, or significant custody time with the child. The judge must state in writing why they are deviating from the guideline. Either parent can ask the court to use a different amount if they believe the guideline does not fit their situation.

Getting a Child Support Order in Texas

A child support order comes from a court and is usually part of a divorce, custody, or paternity case. If parents are married and divorcing, the divorce court will address child support. If parents were never married, one parent can file a paternity case to establish who the father is and set support. If parents are separating but not divorcing, one parent can file for custody and support through a suit affecting the parent-child relationship (SAPCR).

The Texas Attorney General's Child Support Division can help establish and enforce orders at no cost to either parent. A parent can also hire a private family law attorney. The Attorney General's office handles cases where one parent receives public benefits like Temporary information for Needy Families (TANF) or Medicaid, and can pursue cases on behalf of the state to recover benefits paid to the family.

Once the court issues an order, it includes the monthly payment amount, the due date, who pays, who receives the money, and often details about health insurance and medical expenses. The order is enforceable when ready and remains in effect until the child turns 18 or graduates high school, whichever happens later — or until age 20 if the child is still in high school.

How Payments Are Made and Tracked

Parents can pay child support directly to each other, but Texas recommends using the Texas Payment Center, a state system that records all payments. When a parent pays through the Payment Center, the state has a record of compliance, which matters if enforcement becomes necessary. The Payment Center accepts online payments, automatic bank transfers, and phone payments.

If a parent pays directly without using the Payment Center, the receiving parent should keep written records — bank statements, cancelled checks, or receipts — to prove payment. If a dispute arises later about whether payments were made, direct payments are harder to verify than Payment Center records.

The paying parent can also arrange for their employer to withhold child support from their paycheck through wage withholding. This is automatic in most cases — the court sends the withholding order to the employer, and the employer deducts the amount and sends it to the Payment Center. Wage withholding removes the need for the paying parent to remember to send a check each month.

What Happens If Payments Stop or Are Late

If a parent falls behind on child support, the debt accumulates and is called arrears. The receiving parent can ask the court to enforce the order. The state can also enforce on its own if the family is receiving TANF or Medicaid.

Enforcement tools include wage garnishment (the state orders the employer to withhold money), interception of tax refunds (the state takes federal and state tax refunds to pay the debt), suspension of the driver's license, suspension of professional licenses, and reporting to credit bureaus. The state can also file a lien against property or seek contempt of court charges, which can result in jail time if the parent has the ability to pay but refuses.

A parent who cannot pay because of job loss, illness, or reduced income should ask the court to modify the order rather than straightforward stop paying. The court can lower the amount if circumstances have changed. Falling behind without seeking a modification makes the debt larger and triggers enforcement.

Modifying a Child Support Order

Either parent can ask the court to change the support amount if there has been a material and substantial change in circumstances. This usually means the paying parent's income has increased or decreased by at least 10%, or the custody arrangement has changed. A parent can also request a modification review every three years, even without a change in circumstances.

To modify an order, a parent files a motion with the court or contacts the Texas Attorney General's Child Support Division. The court will review the current income of both parents and recalculate the guideline amount. If the new amount differs from the current order by at least $100 per month, the court may modify it.

Modifications take effect on the date the court signs the new order, not retroactively. If a parent's income drops and they do not seek a modification, they are still legally responsible for the original amount. The sooner a parent requests a modification, the sooner the new amount takes effect.

Health Insurance and Medical Expenses

Child support orders in Texas typically address health insurance separately from the monthly payment. The court usually orders one or both parents to maintain health insurance for the child. The parent who has access to health insurance through an employer at a reasonable cost is usually ordered to provide it.

Medical expenses not covered by insurance — such as copays, deductibles, orthodontia, and therapy — are often split between parents. The order may specify that the paying parent covers a percentage of these costs, or that each parent pays their own share. Some orders require the paying parent to reimburse the other parent for medical expenses, while others require the parents to share the cost upfront.

Frequently Asked Questions

Can child support be ordered if the parents were never married?

Yes. If parents were never married, one parent can file a paternity case to establish the father's identity and request child support. In Texas, paternity can be established by agreement, by genetic testing, or by court order. Once paternity is established, child support can be ordered using the same guidelines as in a divorce case.

What if the paying parent loses their job?

A parent who loses their job should contact the court or the Texas Attorney General's office to request a modification of the order. The court can lower the amount based on reduced income. If a parent straightforward stops paying without seeking a modification, they will accumulate arrears and face enforcement. The sooner a parent requests a change, the better.

Does child support end when the child turns 18?

In Texas, child support ends when the child turns 18 or graduates high school, whichever is later. If the child is still in high school after turning 18, support continues until graduation or age 20, whichever comes first. The order specifies the exact end date. Support also ends if the child marries, joins the military, or is declared emancipated by the court.

Can the receiving parent refuse to let the paying parent see the child if support is not paid?

No. In Texas, child support and custody or visitation are separate legal issues. A parent cannot withhold visitation because support is unpaid, and a parent cannot refuse to pay support because they are denied visitation. If either parent violates the order, the other parent must ask the court to enforce it — they cannot take matters into their own hands.

How do I learn about a child support order exists?

You can contact the Texas Attorney General's Child Support Division or search the court records in the county where the order was issued. If you are receiving support, you can log into your Payment Center account to see payment history. If you are paying support, your employer's payroll department can tell you if a withholding order is in effect.