Child Support

Child Support Laws in Texas

How Much Will the Child Support Be?

The Texas Family Code has guideline percentages which apply to the first $7,500.00 of the non-custodial parent's income. If the child has proven special needs, then additional support may be warranted.

What Are the Percentages?

The following percentages are presumed to be appropriate:

Number of Children X % of Net Resources

  • 1 child 20%
  • 2 children 25%
  • 3 children 30%
  • 4 children 35%
  • 5 children 40%
  • 6 or more children Not less than 40%
What If the Obligor Has Other Children to Support, Other Than the Children of the Marriage?

Instead of using the regular percentages, the Texas Court may reduce the amount of child support by giving consideration to the number of children before the Court and the number of other children for whom the obligor has a duty of support.

What If the Person Who Should Pay Child Support Is Not Working?

The Texas Court will still order a minimum amount of child support to be paid each month.

Will the Court Waive the Child Support Requirement If My Spouse Agrees to It?

There would need to be a very serious reason for the Texas Court to allow waiving child support. Generally, the right to "waive" the support is construed to belong to the child and not to the parent with whom the child lives. Since the child, obviously, is not competent to make this kind of decision, the Court is very reluctant to allow child support to be waived.

The Texas Court always considers the "best interest of the child" standard and is very serious about the obligation of a parent to support his or her child.

What Is a WAGE Withholding Order?

This is provided to an employer, which results in an amount of child support being deducted from the employee's salary every time he or she receives a paycheck.

The money is forwarded to the Texas State Disbursement Unit in San Antonio, which, in turn, sends the payments out to the party who receives the support.

Is Child Support Taxable Income?

No, it is not income to the recipient and is not deductible by the person paying it.

What if the Children Do Not Have Any Health Insurance?

The Texas Court is very concerned about the ability of children to have access to adequate medical care, and will order that medical insurance is obtained and paid for by one of the parties, normally the same party who pays child support.


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