Being worried about child support is one of the most common concerns in a Texas divorce. The parent who is going to receive child support may be losing an income from their household and needs to be compensated by receiving a monthly payment from their former spouse. If you are the parent paying child support, you want to ensure your children are able to live healthy lives, but you also don’t want to overpay.
To help you understand how much child support is in Texas, a family law lawyer from Terry & Roberts can explain the way the state calculates child support and how your circumstances affect the payment amount.
How Much Is Child Support in Texas?
While there is a formal child support calculator in Texas, it can be confusing to understand how much you might pay and what the maximum is. Each child support order is unique, so until the court issues the final order, it’s impossible to know the exact amount. Some of the factors the court considers include:
- Each child’s age and needs
- Whether any or all children have special needs for education or health
- Each parent’s income, especially their past earning history
- Each parent’s earning potential if they are unemployed
- Child care expenses for the custodial parent
- Extracurricular activities for the children
- Child support or alimony paid for or received by either parent
The court assesses your annual income, subtracts your withholding for taxes, Social Security, union dues, and other requirement payments, then divides the remainder by 12 months. This provides a monthly amount of income, and you will pay a percentage for each child. These percentages are:
- 1 child – 20% of your monthly income
- 2 children – 25% of your monthly income
- 3 children – 30%n of your monthly income
- 4 children – 35% of your monthly income
- 5 children – 40% of your monthly income
Normally, child support is intended to cover essentials like food, clothing, and shelter, although the Texas Family Code allows for levels of child support payments higher than the guidelines. Back in September 2019, the state increased the maximum amount of income it considers, so let’s examine how that works.
What’s the Maximum Child Support Amount in Texas?
The Texas Family Code rules are straightforward with regard to the percentage of the obligor parent’s net monthly resources that go toward supporting their child. Any income earned beyond this amount is not typically considered when determining child support. “Not typically” means the obligor parent can sometimes be ordered to pay more than the statutory guidelines maximum amount.
When examining what you make each month, Texas only counts the first $9,200. In instances where you make substantially more, you pay more than the current limits per child, which are:
- 1 child – $1,840
- 2 children – $2,300
- 3 children – $2,760
- 4 children – $3,220
- 5 children – $3,680
If you make less than $9,200 a month, the percentages listed above apply. Also, if you are paying child support to other recipients, the court considers those amounts and adjusts the order accordingly. Thankfully, no court can order you to pay more than 50% of what you earn.
Questions About Special Circumstances Affecting Child Support Calculations
Again, every divorce and support case are different, and there are some special considerations that might affect what you are ordered to pay.
What if I Am a High-earner?
If you make a large amount of money each month, it’s vital that you are aware of the caps and guidelines on child support in Texas. It’s also important to ensure you have a trustworthy and experienced family law attorney on your side who can help you negotiate a fair amount with your spouse. Otherwise, you could end up paying much more than necessary.
What if I Am Self-Employed?
Texas provides tax charts that support the calculations for determining maximum child support payments. There are two charts, and your attorney should use the one for self-employed individuals if you own your own company or are a freelance contractor. If you try to manage your child support case on your own, you could accidentally base your negotiations on the employed chart and wind up paying too much each month.
What if My Ex Moves the Children Where the Cost of Living Is Higher?
If your ex has primary custody and relocates where the cost of living is higher, they might request a child support modification that makes you pay more. Because you’ll have to pay more to see the children and enjoy your visitation rights, the court may consider these additional expenses and reduce the monthly amount.
What if My Ex Purposely Doesn’t Have a Job?
Although it’s tricky to establish whether a person truly cannot find employment, the court can consider your ex’s circumstances and whether they are capable of working. If your ex is unemployed or under-employed in an attempt to increase the child support payment, the court will estimate what they could earn and calculate the amount accordingly.
Note that the court will also consider the cost of child care if the ex must work more hours versus staying home. Each case is unique, but your child support lawyer can help you understand how the law and guidelines apply to your situation. They will work to balance the needs of the children against your ability to pay.
Modifying Child Support Orders in Texas
There may be times when you need to petition the court to adjust your child’s support order. For example, if you lose your job or if your ex gets a new job with a big salary. These could qualify as a “material and substantial change in circumstances,” allowing you to seek a change in the court-ordered amount.
The child support modification process in Texas allows parents to request changes for a substantial change in circumstances at any time (with sufficient evidence) and in other instances. If you can show that a new child support calculation would differ from the statutory guidelines by $100 or 20%, you can request a modification every three years. The State also reviews the Consumer Price Index and other sources every six years and adjusts the percentages and maximums, which may affect the maximum child support you pay.
The Child Support Payment Process in Texas
Once the court finalizes the child support order, you have three main ways to pay the amount each month:
- Deduct the amount from your paycheck: The court may issue an Income Withholding Order that automatically takes the payment from your paycheck through your employer. This is often the easiest method, although you should verify that your employer is deducting the correct amount and sending it to the right person.
- Pay with a check or money order: You can mail a check or money order made out to the Office of the Attorney General of Texas to the Texas State Disbursement Unit. Be sure to include your 10-digit case number, case number, your name, and your ex’s name with the payment each time to ensure its paid correctly.
- Pay electronically: You can pay over the phone, at a payment kiosk, or by using the Office of the Attorney General’s website. When you register on the site, you’ll need to provide your name, Social Security Number, cause number, and other details. This site tracks your payment history and helps you verify the payment went through correctly.
The method you use may be part of your child support order, or you may have the freedom to choose what works best for you.
Regardless of how you make the payments, you should always include all the information needed to ensure the right amount of money goes to your ex, especially if there’s been a recent modification to the support order. You can always speak with your attorney to get help making sure this happens.
Contact Our Texas Child Support Lawyers Today
Child support is crucial to ensuring your children have the resources they need to thrive after a divorce. It’s also important to be sure you are paying the right amount—not more than needed—so you can remain comfortable. If you have questions about child support, please do not hesitate to contact Terry & Roberts’ Pearland child support attorneys. We are experienced in handling matters related to child support and are available to speak with you about your case.