Child support can be a contentious issue between divorced or unmarried parents. Disagreements often arise about who should pay child support and the appropriate amount. At Austin Lawyer Referral Service, we understand how emotionally exhausting and complicated these cases can be. We are prepared to help clients, no matter the complexity of the situation. Below are some commonly asked questions about child support in Texas.
Who Pays Child Support?
In Texas, the parent who does not have primary physical custody—even if they share legal custody—typically pays child support if ordered by the court. The custodial parent (who has the child most of the time) is considered the recipient, and the non-custodial parent is responsible for making payments based on the court’s order.
How Much is Child Support?
Texas courts follow state guidelines to determine the amount of child support. These guidelines consider the non-custodial parent’s net income and how many children they support, including children in other households. The court also evaluates factors such as the child’s needs, each parent’s ability to pay, child care, education, medical expenses, and the standard of living the child would have experienced if the parents had stayed together. You can review the official Texas child support guidelines through the Texas Attorney General’s website.
What is Included in the Payor’s Net Resources?
Net resources typically include all wages, salary, commissions, bonuses, overtime pay, dividends, rental income, retirement benefits, severance pay, and government benefits. Certain deductions, such as federal income tax, Social Security, and union dues, are also factored in to determine net income.
Can We Agree on Our Own Child Support Amount?
Yes. Parents can negotiate a different amount than what the guidelines dictate if the court finds it to be in the child’s best interest. If the court approves the agreement, it will be reflected in the child support order. For flexibility, parents are encouraged to work through an agreement that satisfies both parties and ensures the child’s needs are met.
Can the Child Support Amount be Modified?
Yes. Child support orders can be modified if there is a significant change in circumstances. For example, if the paying parent loses their job or faces financial hardship, they can request a reduction. Similarly, if the paying parent’s income increases, the recipient can request a higher payment. A family law attorney can guide you through the modification process.
Can Visitation be Denied if Child Support Isn’t Paid?
No. Texas law treats child support and visitation as separate matters. A parent cannot withhold visitation rights due to non-payment of child support. If child support payments are not made, legal remedies such as wage garnishment or enforcement actions may be pursued. Speak with a family attorney to explore your options for enforcing a child support order.
When Does Child Support End?
In Texas, child support generally continues until the child turns 18 years old or graduates from high school, whichever is later. However, child support may be extended if the child has a mental or physical disability that requires continued financial support. In some cases, child support may end earlier if the child marries, becomes emancipated, or joins the military.
For personalized answers specific to your situation, contact Austin Lawyer Referral Service to schedule a free and confidential consultation with an experienced Texas family law attorney. We’re here to help you review your case and explore your legal options.
