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Child Support · Austin TX

Child Support Attorneys in Austin, Texas

Texas child support is calculated using a specific statutory formula based on net resources. Getting the calculation right — and understanding when modification is available — matters for years to come.

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Child support in Texas is calculated using a formula set out in the Texas Family Code. The amount is based on the paying parent's monthly net resources — income minus certain deductions — multiplied by a percentage determined by the number of children being supported. The formula creates a baseline, but courts can deviate from it in specific circumstances.

The Texas child support guidelines provide the following percentages of net resources: 20% for one child, 25% for two children, 30% for three children, 35% for four children, 40% for five or more children. These percentages apply to the first $9,200 per month of net resources (as of the current cap). Income above the cap may support additional child support in cases with demonstrated need.

'Net resources' is a defined term. It includes wages, salary, self-employment income, rental income, and most other income sources, minus Social Security taxes, federal income tax, state income tax, union dues, and health insurance premiums for the children. Calculating net resources accurately — particularly for self-employed parents or those with variable income — is where attorney involvement matters most.

Child support can be modified when there has been a material and substantial change in circumstances, or when three years have passed since the last order and the amount would differ by either 20% or $100 from the current order. Modifications don't happen automatically — you must file a motion and obtain a new court order.

What You Need to Know

Key Facts About This Case Type

The formula is specific

20% for one child, up to 40% for five or more, applied to net resources up to the statutory cap. Net resources is a defined term — not just gross income.

Self-employment and variable income

Calculating net resources for self-employed parents or those with commissions, bonuses, or irregular income is complex. Courts may average income over a period or impute income at earning capacity.

Health insurance obligations

Courts typically require one parent to maintain health insurance for the children. The cost of that insurance is factored into the net resources calculation.

Modification requires a new court order

A child support order doesn't automatically adjust when income changes. You must file a modification motion and obtain a new order. Paying less than the ordered amount without a court order creates arrears.

Common Questions

Frequently Asked Questions

Most income is included — wages, salary, self-employment income, overtime, bonuses, rental income, dividends, and more. Certain deductions are allowed: Social Security taxes, federal and state income taxes, union dues, and health insurance premiums for the children. The resulting figure is net resources.
A modification is possible if your reduced income constitutes a material and substantial change in circumstances. It is not automatic. You must file a motion for modification and obtain a new court order. Until then, the original amount remains owed and failure to pay creates arrears.
Generally when the child turns 18 or graduates from high school, whichever is later — but not past age 19. Support can also continue indefinitely for a child with a disability. Courts can order support to continue through college in some circumstances if agreed.
Texas has enforcement mechanisms including wage withholding, license suspension (driver's, professional, hunting/fishing), contempt of court (fines and jail time), and seizure of assets. The Texas Attorney General's Child Support Division can also enforce orders. An attorney can evaluate which enforcement mechanism is most effective in your situation.

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