Determining Child Support
Child support normally is set according to a formula, and the specifics should be discussed with a lawyer at Kersh Law Firm, P.C.
For many parents, one of the first questions is how much discretion the judge has to go above or below the guideline amount. A child support lawyer in Pearland can walk you through how the court may look at issues such as special medical needs, educational expenses, or a parent’s irregular income when deciding whether to deviate from the standard calculation. We can also help you understand how support for children from other relationships might affect the percentage applied in your case. By talking through these factors early, you can better anticipate what range of support may be realistic.
Under Texas law, child support is presumed to be proper if set at the following percentages:
- 20% of net resources for 1 child
- 25% of net resources for 2 children
- 30% of net resources for 3 children
- 35% of net resources for 4 children
- 40% of net resources for 5 children
- Not less than 40% for 6 or more children
When monthly net resources are below $1,000, Texas uses a lower presumptive schedule:
- 15% of net resources for 1 child
- 20% of net resources for 2 children
- 25% of net resources for 3 children
- 30% of net resources for 4 children
- 35% of net resources for 5 or more children
Net resources include salary, commissions, overtime, tips, bonuses, dividend income, self-employment income, net rental income, severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, interest income, gifts, prizes, spousal maintenance, and alimony.
In determining net resources, the court will take the total amount of money received from all sources and deduct social security taxes, federal taxes using only one deduction, state income tax, union dues, and the cost of the child’s health insurance. The court will consider if the parent paying support has other children to support, which will usually entitle the paying parent to a discount. Yes, the court may also consider other factors when setting a child support amount, which should be discussed with an attorney.
When the paying parent has a legal duty to support children in more than one household, Texas Family Code § 154.129 applies a reduced percentage table based on the total number of children and the number before the court.
The court will order health insurance to be provided for the child. The parent ordered to pay child support is generally the parent who’s required to provide health insurance. Both parents are usually ordered to share the cost of medical expenses not covered by the insurance company.
Parents often want to know how long child support will last and what happens if their circumstances change after an order is entered. In Texas, support typically continues until a child turns 18 or graduates from high school, whichever happens later, though there can be exceptions in certain situations. If you or the other parent experience a substantial change in income, or if your child’s needs increase or decrease, you may be able to seek a modification through the proper court in Brazoria County, Fort Bend County, or Harris County. We can evaluate your situation, explain your options, and help you decide whether asking the court to review your order makes sense.
The Texas Net-Resources Cap
For child support orders rendered on or after September 1, 2025, Texas applies the standard guideline percentages to the first $11,700 of the paying parent’s monthly net resources. Income above that cap isn’t automatically included in the percentage calculation. The Office of the Attorney General adjusts the cap every six years based on changes in the Consumer Price Index.
A court may order above-guideline support when evidence shows that a child’s proven needs exceed the amount produced by the capped calculation. Those needs can include medical care, education, and other circumstances specific to the child.
Modifying & Enforcing Child Support Orders
Over time, changes in income, employment, health, or your child’s day-to-day needs can make an existing support order unworkable. In those situations, it may be appropriate to ask the court to modify the order rather than relying on informal agreements that aren’t legally enforceable. A child support attorney in Pearland can review your current order, analyze how your circumstances have changed, and advise whether you may meet the requirements for a formal modification in a local family court serving the Greater Houston area. Understanding when and how to file, and what evidence to gather, can help you avoid unnecessary hearings and delays.
A Texas child support order may be modified after a material and substantial change in circumstances. A modification may also be available after three years if the guideline amount would differ from the existing order by at least 20% or $100.
Enforcement is a separate but related concern for many parents who are owed support under an existing order. Texas courts, including those in Brazoria County and Fort Bend County, have a range of tools they may use to enforce child support obligations, from wage withholding to potential contempt proceedings in more serious cases. Our team can help you document missed payments, prepare for a hearing, and present your concerns in a clear and organized way. We can also discuss practical options for resolving disputes, such as payment plans or negotiated agreements, when appropriate.
Enforcement measures also include property liens and civil or criminal contempt. The Texas Office of the Attorney General may pursue license suspension involving a delinquent parent’s driver’s, professional, hunting, or fishing licenses. Child support debt can also prevent the issuance or renewal of a United States passport.
In Brazoria County, family law suits are randomly assigned, primarily to the 300th District Court or the 461st District Court. The 300th District Court hears family cases that include child support, enforcement actions, custody disputes, divorce, and paternity matters.
If you’re the parent ordered to pay support and you’re worried about falling behind, it’s often better to address the issue before it becomes an enforcement problem. We can walk you through how the court may view your situation if you have lost a job, had your hours reduced, or taken on new financial responsibilities. By speaking with a child support lawyer in Pearland, you can get guidance tailored to your circumstances and better understand the steps you can take to stay in compliance with the court’s orders.
Child Support FAQs
If I Receive Child Support, Will It Be Paid Directly to Me?
Typically, child support is ordered to be paid through the state child support disbursement office. However, it’ll be in both parties’ best interests to keep records of child support paid or received, whether through the child support office or directly to the receiving party.
What Is the Standard Pay Schedule?
Normally, the court will order that the child support be paid monthly or semimonthly. Unless the parties agree or the court finds a good reason not to, the child support will be deducted from the paycheck of the parent paying support. This is called wage withholding.
What If the Paying Parent Doesn’t Pay Court-Ordered Child Support?
You may ask the court for help in enforcing the order. Enforcement of court orders is a separate motion filed in the court of continuing jurisdiction. The grounds for enforcing child support can be complex and should be discussed with a lawyer at Kersh Law Firm, P.C..
If you’re concerned about unpaid support, a child support attorney in Pearland can help you understand the enforcement tools available under Texas law, such as contempt actions, income withholding, or other remedies the court may consider. We can review your payment history, help you gather proof of what has and hasn’t been paid, and advise you on realistic next steps. Likewise, if you’re the parent who owes support and you have fallen behind, we can discuss options for addressing the arrears and communicating with the court while protecting your rights.
To learn more about your options and determine what agreement is right for your child’s needs, call our child support lawyers in Pearland at (936) 297-5016 or contact us online. We’re here to help!
