For non-custodial parents (often called “obligors”) in Texas, understanding child support laws is essential—not just to fulfill your legal duty, but to anticipate how amounts are calculated, how they can change, and what enforcement looks like. Here’s a clear breakdown of the key rules, recent updates, and practical considerations.
How Child Support Is Calculated in Texas
a) The Income-Percentage (Flat-Rate) Model
Texas uses an “income percentage” model under Texas Family Code § 154.125: the child support amount is based primarily on the non-custodial parent’s net monthly resources.
- “Net resources” include a wide range of earnings: wages, bonuses, self-employment income, rental income, investment income, etc. Certain deductions are allowed (e.g., taxes, Social Security, Medicare).
- Each number of children maps to a percentage:
- 1 child = 20%
- 2 children = 25%
- 3 children = 30%
- 4 children = 35%
- 5 or more children = 40% (or more)
- For very low-income non-custodial parents (net resources under $1,000/month), Texas uses a reduced rate: each guideline percentage is reduced by 5 points (so, for 1 child it becomes 15%, for 2 children 20%, etc.).
b) Income Cap (“Cap on Net Resources”)
- Not all income is counted for guideline support if it exceeds a certain cap. As of September 1, 2025, that cap is $11,700 per month in net resources.
- That means, when courts apply the guideline percentages, they typically only count up to that $11,700 limit — even if a non-custodial parent earns more.
- However, in “very limited circumstances,” a court may order support above that guideline cap if the child’s proven needs justify it.
c) Other Expenses
- On top of the base support amount, non-custodial parents may need to contribute to health insurance, child-care, or other child-specific costs.
- The court may also consider deviations from the guideline amount based on special needs of the child, long-distance visitation, or other factors.
Recent Major Change: Guideline Cap Increase (2025)
A very important update came into force on September 1, 2025:
- The maximum monthly net-resources cap for guideline child support was raised from $9,200 to $11,700.
- Because of this, support amounts calculated under guidelines for higher-earning non-custodial parents may rise.
- Example (per the new cap): for one child, the guideline maximum support could go up to $2,340/month (20% of $11,700).
- This change applies to new child support orders and modifications that are finalized on or after September 1, 2025.
What Happens if You Have Children in Multiple Households
If a non-custodial parent has children in more than one household (i.e., obligations to support multiple sets of children), Texas reduces the guideline percentage for each case accordingly.
- The Texas Law Help resource shows a “Multiple Family Adjusted Guidelines” chart: the more children you support elsewhere, the lower the percentage applied in each separate order.
- This ensures fairer allocation of income when there are multiple support obligations.
Modifying Child Support Orders
Non-custodial parents often want to modify their support obligations when their financial situation changes. Here’s what Texas law says:
- To modify a support order, there generally must be a “material and substantial change” in circumstances (e.g., job loss, income change).
- Alternatively, under OAG practices, if at least three years have passed since the last order, and the payment amount varies from guideline by 20% or $100, a review may be triggered.
- Modifications are not automatic — you may need to petition the court to request a new order.
Enforcement & Consequences for Non-Payment
Non-custodial parents who don’t pay child support in Texas face serious legal consequences:
- The Texas Attorney General’s Child Support Division enforces orders and can collect support payments.
- Per the Non-Custodial Parent (NCP) Handbook from the OAG: failure to comply with a court order may lead to contempt of court, fines, and possible jail time.
- Persistent nonpayment could also trigger criminal nonsupport charges, depending on the scenario.
- The OAG also provides tax-chart tools (effective September 1, 2025) to help courts compute net monthly income and obligations.
Possession (Visitation) and Conservatorship
Though child support is about money, non-custodial parents often also care deeply about time with their children. Key points:
- Under Texas law, “custody” is referred to as conservatorship, and “visitation” is called periods of possession.
- There is a presumption that both parents will be joint managing conservators, sharing rights and duties.
- The OAG’s NCP Handbook outlines the Standard Possession Order, which typically gives the non-custodial parent:
- First, third, and fifth weekends each month
- Thursday evenings during the week
- Alternating holidays
- An extended summer period (30 days) if close by; if more than 100 miles apart, summer possession may be longer (42 days)
- Courts may deviate from the standard order based on what’s in the child’s best interests, especially if there are special factors (young children, long distance, etc.).
Why These Rules Matter for Non-Custodial Parents
- Financial Predictability: Knowing how your support is calculated (percentage + cap) helps you budget your payments more reliably.
- Impact of the 2025 Cap Increase: If your net income is high, the increase in cap could raise your support obligations — or provide a basis to modify an existing order.
- Shared Expenses: Beyond base support, you might need to plan for health insurance or child-care costs.
- Modification Leverage: If your financial situation changes, you may be able to ask the court to adjust what you pay.
- Legal Risks: Nonpayment isn’t just a civil issue — serious enforcement tools exist, and you must treat your obligations seriously.
FAQ
Q1. How much will I pay if I have one child?
A: Under Texas guidelines, you pay 20% of your net monthly resources for one child, up to the cap. After September 1, 2025, the cap is $11,700, so up to that amount is counted for guideline calculation.
Q2. What if I make very little money?
A: If your net resources are below $1,000/month, Texas uses a reduced guideline rate: for example, 15% for one child, instead of 20%.
Q3. Can my child support obligation go above the guideline cap ($11,700)?
A: Yes — but only in limited cases. A court may order support above the guideline cap if the child has demonstrated needs that justify more.
Q4. How can I ask to change (modify) my child support order?
A: You may file for a modification if:
- there’s been a material and substantial change in your finances, or
- at least 3 years have passed since the last order, and the current payment differs from what the guideline would be by 20% or $100 (per OAG policy)
Q5. What happens if I don’t pay as ordered?
A: Consequences can include:
- Contempt of court (fines or jail)
- Criminal nonsupport in serious cases
- Enforcement via the Texas Attorney General’s Child Support Division
Q6. Does my time with the child (visitation) affect how much I pay?
A: Generally no. The guideline calculation is not directly adjusted for visitation time under the basic model. However, a court may deviate from the guideline amount if there are special circumstances in a particular case.
Conclusion
As a non-custodial parent in Texas, child support law places a clear financial responsibility on you—but it’s not arbitrary. The system is built around your net monthly resources, with a percentage-based formula and a cap that was recently raised to reflect economic realities. Importantly, there are legal tools to modify support, and serious enforcement mechanisms if you fail to pay. Understanding these laws empowers you to negotiate fairly, budget smartly, and avoid unpleasant surprises.
If you’re dealing with a current child support order (or expecting one soon), it’s wise to talk to a family-law attorney or a legal professional familiar with Texas child-support law. They can help you understand how the 2025 changes might apply in your situation and guide you on possible modifications or compliance strategies.
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