Texas Child Support Lawyer — Securing the Support Your Child Deserves
Table of Contents
You are a parent in Montgomery County or northern Harris County trying to understand what child support should look like for your family. Maybe you are filing for divorce and need a fair order from the start. Maybe payments stopped months ago. Maybe the other parent’s income changed, and the order no longer reflects real life. A child support lawyer can help you protect your rights before an order shapes years of parenting, income, and stability.
Texas child custody and support payments follow a statutory formula, but that does not mean every case is simple. The calculation depends on net resources, deductions, custody time, income documentation, and the Texas child support cap 2025 update that took effect on September 1, 2025. One wrong number can affect your household for years.
At Horak Law, we handle family law matters involving Texas child support, modification, and enforcement. We understand Chapter 154 of the Texas Family Code, the courts in Montgomery County and Harris County, and how to prepare paying and receiving parents for orders that fit the facts.
Why Clients in Houston and The Woodlands Choose Horak Law
We serve families from The Woodlands office, with direct access for parents in Montgomery County, northern Harris County, and the greater Houston area. Our focus is helping you understand the numbers and protect your role in your child’s life.
Trial Experience That Works in the Family Courtroom
Attorney Matthew Horak brings more than two decades of Texas courtroom experience to family law matters in the greater Houston area.
Family courts decide child support disputes based on evidence, testimony, credibility, and how clearly each side presents the facts. Our trial background shapes the way we prepare support cases, especially when income, enforcement, or modification issues are contested.
Our Child Support Attorneys
How Texas Calculates Child Support Under Family Code Chapter 154
Texas child support is usually based on a percentage of the paying parent’s net resources. Under Texas Family Code Chapter 154, the court identifies the obligor, calculates that parent’s monthly net resources, applies the guideline percentage, and considers whether the facts justify a different amount.
The math may look fixed. The inputs often create the dispute. A parent may underreport self-employment income, leave out bonus pay, claim deductions that Texas law does not allow, or misunderstand how the cap applies. That is why a Texas child support calculator can offer a rough estimate, but it cannot replace a careful legal review of income, deductions, custody time, and the child’s needs.
What Counts as Net Resources
Under Texas Family Code § 154.062, resources may include many forms of income, not just wages from a regular job.
Common examples include:
- Wages and salary
- Overtime pay
- Commissions and bonuses
- Tips
- Rental income
- Interest and dividends
- Self-employment income
- Retirement benefits
- Severance pay
- Pensions
- Trust income
- Annuities
- Capital gains
- Certain Social Security and veterans benefits
Texas then allows specific deductions before applying the guideline percentage. Those deductions generally include:
- Federal income tax using the method required for Texas child support calculations
- Social Security taxes
- Medicare taxes
- Union dues
- Child health insurance or cash medical support
- Dental insurance for the child when ordered
- Nondiscretionary retirement plan contributions when the obligor does not pay Social Security taxes
Texas has no state income tax, so the calculation usually does not include a state income tax deduction for a Texas wage earner. Voluntary 401(k) contributions, health savings account contributions, personal expenses, and general costs for other children do not automatically reduce net resources in the basic guideline calculation. Complex tax situations, business income, and pass-through entity income may require a closer review than a basic tax chart can provide.
The Guideline Percentages by Number of Children
The Texas child support guidelines apply a percentage based on the number of children before the court. For one household, the standard guideline percentages are:
- 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 the amount for 5 children
These percentages apply to monthly net resources up to the statutory cap. Different rules may apply for low-income obligors or when the obligor has children in more than one household.
The 2025 Cap Increase: From $9,200 to $11,700
The Texas child support cap increased from $9,200 to $11,700 in monthly net resources, effective September 1, 2025. For child support for one child in Texas cases, that raises guideline support at the cap from $1,840 to $2,340 per month.
This change matters for higher-earning parents in The Woodlands, Conroe, Spring, Tomball, Magnolia, Houston, and northern Harris County. It may also affect older orders entered before September 1, 2025, especially when the paying parent’s net resources exceed the prior cap. An existing order does not change automatically. A parent generally needs to file a modification request and show that Texas law allows the court to change the order.
Who Pays Child Support in Texas?
In most cases, Texas presumes the noncustodial parent pays child support to the parent with the right to designate the child’s primary residence. The court looks at conservatorship, possession time, income, and the child’s needs when deciding who pays and how much they pay.
Parents sometimes assume they do not need a formal order if they have an informal agreement. That is risky. Informal payment arrangements can break down quickly, and courts generally enforce written orders, not private understandings that never became part of a court order.
The question is not only who earns more. In close custody cases, a parent may still owe support even when parenting time is nearly equal. The court must look at the legal structure of the order, each parent’s resources, and the child’s financial needs.
How Is a Child Support Order Established in Texas?
A parent may need an initial child support order during a divorce, a paternity case, or a standalone custody and support case. If no order exists, the goal is to create a clear, enforceable structure for monthly support, medical support, dental support, possession, and related parenting issues.
Our work starts with the facts. We look at income, employment history, custody goals, healthcare costs, daycare costs, and whether the other parent’s financial picture appears complete.
Filing a Suit Affecting the Parent-Child Relationship
Texas often establishes child support through a Suit Affecting the Parent-Child Relationship, often called a SAPCR. A SAPCR may be part of a divorce or may stand alone when the parents were never married.
When a case involves custody and support, Texas home-state rules often focus on whether the child has lived in Texas for at least six months before the case begins, unless an exception applies. Filing in the right county also matters. The correct filing location can depend on where the child lives, where prior orders were entered, and whether another state or county has already handled part of the case.
What Documentation You Will Need
The right documents help the court calculate child support Texas orders accurately. Before a child support case begins, gather:
- The most recent two years of tax returns
- Recent pay stubs
- Employer income letters
- Self-employment income statements
- Business profit and loss records
- Proof of health insurance premiums for the child
- Proof of dental insurance premiums for the child
- Daycare or childcare cost records
- Records showing bonuses, commissions, rental income, or investment income
If the other parent owns a business, works contract jobs, receives cash payments, or changes jobs often, income documentation may become one of the most important parts of the case.
Temporary Orders vs. Final Orders
Courts often address child support early through temporary orders. These orders can set the monthly payment amount while the case moves toward a final hearing, mediation, or settlement.
The temporary number matters. Judges may revisit it later, but an early order can shape expectations and negotiations. Early representation helps you present income, deductions, parenting time, and child-related expenses before the court sets a number that affects your household right away.
Can You Modify an Existing Child Support Order in Texas?
Life changes after a child support order. A parent loses a job. A promotion changes income. A child develops new medical needs. Parenting time shifts. Texas child support laws allow modification, but the parent requesting the change must meet the legal threshold.
A child support modification case in Texas does not change payments automatically. Until the court signs a new order, the existing order usually remains in place.
The Three-Year / 20% / $100 Rule
Under Texas Family Code § 156.401, a court may modify child support when at least three years have passed since the order or last modification and the current monthly amount differs from the guideline amount by either 20% or $100.
This rule gives parents a defined path to review older orders. If the numbers have moved enough, the court can consider a modification even without a separate showing of a major life event. However, if the parents agreed to a support amount that differed from the guideline amount, the parent requesting a change may need to show a material and substantial change in circumstances. A modification also generally affects payments that come due after the other parent has been served or appears in the modification case.
What Counts as a Material and Substantial Change?
A parent may also request modification after a material and substantial change in circumstances. This path may apply even if three years have not passed.
Examples may include:
- Job loss
- Significant income increase
- Significant income decrease
- A new child in another household
- A change in the child’s medical needs
- A major change in the custody schedule
- A parent’s relocation
- Changes in health insurance or childcare costs
The court needs evidence, not assumptions. Pay records, tax returns, medical documents, school records, possession calendars, and messages between parents can all matter.
How the 2025 Cap Increase Affects Existing Orders
The September 1, 2025 cap increase may affect older orders that used the former $9,200 monthly net resources cap. If the paying parent’s net resources exceed the old cap, the new $11,700 cap can change the guideline amount.
That does not mean every order changes on its own, and the cap increase may not be enough by itself in every case. The parent seeking a change generally needs to file a modification request and show that Texas law allows the court to modify the order. Our child support modifications work focuses on identifying whether the updated guideline, income changes, parenting changes, or other evidence supports a request to modify.
What Happens When a Parent Stops Paying Child Support?
Missed child support payments can create immediate pressure. Rent, groceries, school expenses, healthcare, and childcare do not pause because the other parent stopped paying. Texas gives receiving parents several enforcement tools, but the right approach depends on the order, payment history, and facts behind the missed payments.
Child support enforcement Texas cases require careful records. Payment logs, employer records, messages, and prior court orders help show what the obligor owed, what they paid, and what remains unpaid.
Wage Withholding and Income Liens
Texas courts commonly use wage withholding to collect child support directly from the paying parent’s employer. The employer withholds the ordered amount and sends it through the proper payment system.
A parent may also face liens for unpaid child support. Liens can affect property, financial accounts, and other assets, depending on the facts and the enforcement path used.
License Suspension and Passport Denial
Texas may suspend licenses when a parent falls behind on court-ordered support. These consequences can affect more than a driver’s license.
License issues may involve:
- Driver’s licenses
- Professional licenses
- Recreational licenses
- Business-related licenses
Federal law can also affect travel. Parents with certified child support arrears exceeding $2,500 may face U.S. passport denial through the federal Passport Denial Program.
Contempt of Court and Possible Jail Time
A court may hold a parent in contempt for willful nonpayment of child support. This is one of the most serious enforcement options because it can involve fines and possible jail time.
Contempt requires precise legal pleading. The motion must identify the order, the missed payments, the amounts due, and the relief requested. If you are seeking enforcement, careful preparation can affect whether the court can grant the remedy you need.
When Do Texas Child Support Guidelines Not Apply?
The guideline formula works for many families, but it does not fit every case. The more complex the income, custody schedule, or child’s needs, the more the court may need evidence beyond a simple percentage chart.
These are the cases where private counsel can matter most. The Office of the Attorney General can provide important child support services, but it does not represent either parent as their personal lawyer.
High Net Worth and Income Above the Cap
When monthly net resources exceed $11,700, the court may consider additional support under Texas Family Code § 154.126. The court does not simply apply the guideline percentage to all income above the cap.
Instead, the court looks at the child’s proven needs. In a high-income family, that may involve private school costs, medical care, extracurricular activities, childcare, travel, and the standard of living the child had before the case.
Self-Employed and Gig Economy Income
Texas Family Code § 154.062 includes self-employment income and other compensation that parents actually receive. The statute also captures modern income streams, including gig economy work such as rideshare, delivery, freelance, and contract-based work.
Self-employed parents may have irregular income, business deductions, depreciation, and cash flow that do not show up neatly on a paycheck. Courts may review tax returns, bank statements, invoices, payment apps, business records, and lifestyle evidence. When a parent does not provide reliable income documentation, the court may impute income based on earning ability or available evidence.
When Custody Is 50/50: The Offset Method
Parents often ask about 50/50 custody child support Texas cases. Equal possession does not always mean zero child support. Texas courts still look at the order, each parent’s income, the child’s needs, and the facts of the parenting schedule.
In some equal or near-equal possession cases, a court may consider an offset-style calculation that compares each parent’s guideline obligation. Under that approach, the higher earner may pay the difference between the two calculated amounts. This is not automatic. Our child custody work often overlaps with support issues because possession schedules can affect how support should be structured.
Child Support for Adult Disabled Children
Texas may order support for an adult disabled child under Texas Family Code § 154.302. This may apply when the disability began before the child turned 18 and the child requires substantial care and personal supervision because of a mental or physical disability.
These cases require medical, educational, financial, and caregiving evidence. The court may need to understand the adult child’s daily support needs, ability to work, public benefits, healthcare costs, and long-term care structure.
When Does Child Support End in Texas?
In many cases, support ends when the child turns 18 or graduates from high school, whichever occurs later. Texas law also includes an outer age limit tied to high school enrollment and attendance.
Support may end earlier if the child marries, becomes legally emancipated, dies, or begins active service in the United States armed forces. Support may continue beyond the usual end date when the case involves an adult disabled child who qualifies under Texas law.
Payroll withholding does not always stop automatically when the legal obligation ends. A paying parent may need to request the proper order or notify the right agency so an employer stops withholding support. If arrears remain, collection may continue until the unpaid balance is resolved.
Working With a Private Attorney vs. the Office of the Attorney General
The Texas Office of the Attorney General Child Support Division provides child support services for many families. That system can help establish, collect, and enforce support. It serves an important public function.
The OAG does not represent either parent as their private attorney. That distinction matters when your case involves contested income, self-employment, hidden earnings, high-net-worth assets, 50/50 custody, modification disputes, or enforcement strategy.
A private child support attorney Texas parents hire can evaluate your goals, prepare your evidence, advise you on litigation risk, and advocate for your position in court. We respect the role the OAG plays, and we also know that some families need individualized representation
Talk to a Texas Child Support Lawyer Before the Next Order Shapes Your Family
A child support order can affect your income, your household, and your child’s stability for years. Whether you need an initial order, a modification, enforcement, or guidance on how child support works in Texas, Horak Law can help you understand the numbers, prepare your evidence, and move forward with a clear plan.
We represent parents in Houston, The Woodlands, Montgomery County, northern Harris County, and the surrounding communities. Call us 713-225-8000 or reach us through our contact form.
Written By Matt Horak
Matt Horak is a Board Certified and experienced attorney with over 20 years of courtroom experience in South Texas, including more than 100 contested trials. A former Harris County prosecutor and 2025 Super Lawyer®, he represents clients in high-stakes family law disputes with a strategy grounded in compassion and preparation.
When the Next Step Matters
Founder • Attorney at Law
