An Ally In All Your Family Law Matters

Child Support in Texas: Understanding the Guidelines and Your Options

Dallas-Fort Worth Child Support Lawyers

When navigating a family law case, one of the most important and often discussed topics is child support. In Texas, child support is governed by specific guidelines set forth in the Texas Family Code. Understanding how these guidelines work, how child support is calculated, and the different factors that may impact the amount you are required to pay (or receive) can help you make informed decisions. In this blog, we’ll walk through everything you need to know about child support in Texas, including the OAG (Office of the Attorney General), what documents are helpful in calculating support, and when you might need to adjust the standard guidelines.

Our Dallas-Fort Worth divorce lawyers assist client with child support throughout the Dallas-Fort Worth metro area, including residents of Dallas County, Collin County, Tarrant County, Rockwall County, Denton County, Ellis County and Hunt County. Contact our Dallas-Fort Worth child support attorneys for your initial consultation.

Texas Code Guidelines and What They Mean

Texas follows state guidelines to determine the amount of child support one parent must pay. These guidelines are based on the payor’s (noncustodial parent’s) income, with the amount typically calculated as a percentage of that income, depending on the number of children involved.

Here’s how the guidelines generally break down:

1 child: 20% of the noncustodial parent’s net income
2 children: 25% of the noncustodial parent’s net income
3 children: 30% of the noncustodial parent’s net income
4 children: 35% of the noncustodial parent’s net income
5 or more children: 40% of the noncustodial parent’s net income

These percentages are designed to ensure that children receive the financial support they need from the noncustodial parent. The net income is typically the parent’s income after taxes and mandatory deductions.

Do You Have to Use the Guidelines?

While Texas has guidelines in place, they are not mandatory in every case. If both parents agree to a different amount, the court will usually approve it—provided that the arrangement still serves the best interests of the child. However, if there’s a disagreement or if the parents cannot reach an agreement on their own, the court will use the state guidelines as a basis for child support.

In some cases, a court may deviate from the guidelines if it believes that using the standard guidelines would not be in the best interest of the child, or if there are special circumstances such as the child’s medical needs, the parents’ financial situation, or the child’s standard of living.

What if the Parent Who Needs to Pay Child Support Makes Much More Money?

If the paying parent’s income is significantly higher than the standard income levels considered under the guidelines, the court may still decide that the guidelines are insufficient to meet the child’s needs. For example, if the parent’s income exceeds the guidelines, the court might order additional support to ensure the child maintains a standard of living similar to what they would have had if the family had stayed together.

In this case, the court may order more than the percentage set by the guidelines based on the child’s needs and the ability of the paying parent to support those needs. The court considers the standard of living, any special needs, and the income of both parents to make a decision.

Is Child Support Capped? What’s the Reason Behind the Cap?

Yes, there is a cap for child support calculations in Texas. The cap applies to high-income earners. As of 2025, the Texas child support guidelines apply to a maximum monthly income of $9,200 per month. If the noncustodial parent makes more than this amount, the guidelines calculate support based on $9,200, and additional support may be determined based on the child’s needs.

The reason behind the cap is to avoid an unrealistic or excessive child support amount for very high-income earners. The Texas legislature determined that $9,200 per month is a reasonable benchmark for calculating support based on the average child’s needs. For incomes above this amount, the court has the discretion to determine a more appropriate amount based on the specific situation.

How Is Child Support Calculated?

Child support is calculated based on the payor’s net income—this is the income after mandatory deductions such as taxes, social security, and health insurance premiums. In addition to this base calculation, other factors can be considered, including:

Medical expenses: Any ongoing or special medical needs of the child.
Educational expenses: Tuition or educational needs, if applicable.
Childcare: The cost of daycare or after-school care.

The Texas Family Code allows for adjustments to the basic child support amount to account for other expenses and the child’s needs. The paying parent may also be required to contribute to the child’s health insurance premiums or uninsured medical costs, depending on the court’s order.

What Is an Offset? When Is It Applied?

An offset is a reduction in the amount of child support owed by one parent if the parent already contributes to certain expenses or has shared custody that involves a significant amount of time. For example, if both parents share custody of the child, and the noncustodial parent spends significant time with the child, the court may allow an offset for the amount of time the noncustodial parent cares for the child.

Additionally, if the paying parent is already contributing to healthcare costs or has other expenses that should be accounted for, these costs may be considered as part of the offset in calculating the total child support amount.

What About Claiming Children for Taxes?

The issue of claiming children as dependents for tax purposes is a common question in custody and child support cases. In Texas, child support payments are not tax-deductible, and the receiving parent does not have to report child support as income. However, the parent who claims the child on their tax return can receive the child tax credit.

Typically, the custodial parent claims the child on their taxes. If the parents agree, the noncustodial parent may be allowed to claim the child under certain circumstances (such as alternating years). This agreement is often addressed in the parenting plan and should be carefully considered, as it can have a significant tax impact.

What Documents Are Helpful in Calculating Child Support?

When calculating child support, certain documents are essential for ensuring that the process is as accurate as possible. These include:

Pay stubs or proof of income for both parents.
Tax returns from the previous year (W-2s, 1099s, etc.).
Bank statements and other financial documents.
Healthcare and medical expenses related to the child.
Childcare invoices or records of after-school care expenses.
Proof of any other special needs or expenses related to the child’s care.

Having these documents will help ensure that the child support calculation is based on the most accurate and up-to-date financial information available.

What Is the OAG and What Is Their Role?

The Office of the Attorney General (OAG) plays a critical role in child support cases. Their responsibilities include:

Enforcing child support orders: The OAG ensures that parents comply with child support orders by taking legal action if necessary.
Establishing paternity: If paternity needs to be established, the OAG can assist with DNA testing and related legal steps.
Collecting child support payments: The OAG can collect child support payments on behalf of the custodial parent and handle any issues with payment enforcement.

How Is the OAG Helpful or Hurtful?

Helpful aspects of the OAG include:

Enforcement: The OAG has significant authority to enforce child support orders, including garnishing wages or intercepting tax refunds.
Support for custodial parents: If you are a custodial parent, the OAG can assist in ensuring that child support is paid on time.
Free services: The OAG provides many of its services at no charge, making it accessible for parents who need help.

However, there are some drawbacks:

Limited flexibility: The OAG typically handles a large number of cases, which can make the process less personal and more bureaucratic.
Delayed payments: Due to the volume of cases the OAG handles, there may be delays in collecting or distributing payments.
Limited discretion: The OAG doesn’t always have the flexibility to consider the nuances of individual cases the way a private attorney might.

What Can the OAG Do and the Pros and Cons of Using the OAG

The OAG can:

Enforce child support orders.
Assist with establishing paternity.
Take legal action to compel the payment of child support (such as wage garnishment, liens, or even jail time for non-payment).

Pros of Using the OAG:

Cost-effective: They offer free services for child support enforcement.
Effective enforcement: They have the legal tools to collect payments.

Cons of Using the OAG:

Impersonal: With a high volume of cases, personal attention may be lacking.
Slow process: There can be delays due to the system’s caseload.
Less flexibility: They have a more rigid approach compared to private attorneys.

Final Thoughts on Child Support in TX

Child support is a crucial part of any custody case, and understanding the Texas child support guidelines, the role of the OAG, and the available options can help you navigate this process more effectively. Whether you are paying or receiving child support, it’s important to ensure that the amount is fair, and that you have the right resources to enforce and modify child support orders as needed. If you need assistance with your child support case, Shemesh Family Law is here to help guide you through the process. Contact us today.

Se habla español.