Understanding The Basics Of Child Support In Texas

In this article, you can discover…

• How child support is calculated under Texas guidelines.
• Whether a Texas court can choose to assign more or less child support.
• Key documents to keep to prove child support payments are being made.

How Is Child Support Calculated Under Texas Child Support Guidelines?

Child support in Texas is calculated based on how many children you have to support, both within and outside of a given relationship.

Generally, for a single child, child support will be calculated as 20% of your net income each month. But this percentage can increase if you have more children within that relationship or decrease if you have other children to support outside of that relationship.

As a result, child support can vary, yet there is a maximum amount of your income that can be considered in calculating a child support obligation. This means that if you’re earning millions, you’re still subject to the same maximum monthly income amount as someone who makes significantly less in determining a child support obligation

How Do Parenting Time And Custody Arrangements Affect Child Support Amounts?

Parenting time and custody arrangements don’t necessarily impact child support figures. Many divorcing parents specifically request 50/50 custody because they believe they won’t have to pay child support, but this won’t necessarily impact whether or how much you pay.

In reality, the courts will look at more than just how much time you have with your child: they’ll look at any disparity of earnings, as well. If one parent is earning tens of thousands of dollars monthly and the other is near the poverty line, child support is going to be owed to the parent earning less.

To put it another way, your child should not be having a steak dinner at one parent’s house and a cup of instant ramen at the other’s.

Does A Texas Family Court Ever Deviate From The Standard Child Support Calculation?

In some cases, yes, though this depends on how your child’s financial needs are being met.

For instance, if you and the other parent have agreed to split extra-curricular costs, it may be that child support won’t be ordered. On the other hand, if you and the other parent have agreed that no child support is needed, a judge may still look at each parent’s finances and deny an agreement for no child support.

Because, ultimately, child support is not about what you and the other parent agree to; it’s about what your child needs. In other scenarios, if both parties are in a dire financial situation, child support may not be feasible, and the courts will take that into account, as well.

Attorney Travis Granger is a dedicated, caring family law attorney serving Texas. Since 2021, he’s helped families just like yours navigate child support, understand the law, and work through their questions with clarity and focus.

Have questions, or in need of legal help? Reach out to The Granger Law Firm, PLLC, for an initial consultation today.

Can The Other Parent And I Create Our Own Child Support Agreement?

Absolutely. Having said that, if your plan represents a large departure from State guidelines, the court may refuse to approve it.

Still, nothing prevents you and the other party from agreeing to an amount you’re both comfortable with and explaining to a judge why it’s appropriate given your circumstances. If it’s financially reasonable and provides for your child’s needs, there’s a good chance it will be granted.

Finally, if you and your spouse have a mediated settlement agreement that addresses child support, the court is required to follow the mediated agreement and hand down orders that reflect its parameters.

What Documentation Should I Keep To Prove Child Support Payments?

The easiest way to prove that you are making child support payments is to be sure those payments go through the Office of the Attorney General, straight from your paycheck. Many people take issue with having child support taken directly out of their wages, but this method provides considerable peace of mind.

For one, you no longer have to remember to send the payment off each month, and secondly, the state will automatically keep records of those payments. And in Texas, there are rules in place that allow you to use the records of the Attorney General to prove whether or not payments are being made on time.

This method keeps everyone honest, ensures automatic records are made of payments, and makes it clear if payments are not being made.

If you are making or receiving payments on Venmo or a similar app, be sure to keep records of those transactions by downloading them each month, just to protect yourself.

How Can I Remain Objective Instead Of Feeling Frustrated By Child Support Payments?

Whether you’re paying or receiving child support, I’ll tell you the same thing: child support is basically a calculation. While some circumstances may allow you to deviate from it, for the most part, the calculation will be adhered to.

As a result, it’s best to discuss financial questions with your attorney now and determine which lifestyle adjustments you may need to make to accommodate payments. This is far more practical than spending money trying to fight a child support order and can save you significant frustration in the long run.

Still Have Questions? Ready To Get Started?

For more information on child support laws in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 800-7394 today.