How Much Child Support Is the Max Amount In Texas?

Navigating the complexities of child support in Texas can be a daunting task, especially when trying to determine how much is the maximum child support in Texas. Understanding the laws and guidelines governing child support in Texas is crucial in ensuring the well-being of your child and protecting your rights as a parent.

By working with Graham Family Law, you will learn about Texas child support laws, the factors that influence the maximum child support amount, how they calculate payments, and the consequences of not paying the maximum amount. With over 100 years of combined experience in our firm, we are your trusted partner in unraveling the intricacies of child support in Texas. Call us at 210-308-6448 to schedule a consultation with our experienced family law attorneys. Take the first step towards securing your child’s future and your peace of mind.

Key Takeaways

• Texas Child Support Laws provide guidelines for calculating payments and outline the role of noncustodial parents.
• The maximum child support amount in Texas depends on various factors, including income, the needs of the child, and custody arrangement.
• Modifying a child support order requires filing a petition with court evidence demonstrating material change. Failure to pay can result in legal consequences such as wage garnishment or imprisonment.

Understanding Texas Child Support Laws

The Texas Family Code governs child support in Texas, outlining the responsibilities of the noncustodial parent and providing guidelines for determining child support payments. Factors used to ascertain child support payments may include the physical time the child spends with each parent, the child’s age, and the amount of money each parent earns. The prescribed base amount of child support for one child in Texas is 20% of the net monthly income of the parent paying child support. However, other requirements, such as self-employment income, can augment this base amount.

Parents can request and submit application forms for child support either online or in person. You can make payments through automatic withholding from unemployment benefits, and we advise you to consult a family law attorney from Graham Family Law when questions about child support arise or you need assistance with your case.

Texas Family Code and Child Support Guidelines

The Texas Family Code guides calculating child support payments, ensuring that children receive adequate financial support. In Texas, they calculate child support based on a percentage of the parent’s net income, allowing deductions for social security taxes and income taxes when determining net resources for child support.

Role of Noncustodial Parent

In Texas, the noncustodial parent bears the responsibility for making child support payments. The noncustodial parent’s monthly income after deductions determines the amount of child support. This income forms the basis for how much the parent must pay. Their responsibilities include making regular child support payments as ordered by the court and providing financial support to cover the cost of raising the child.

Typically, child support covers a variety of the child’s needs such as:

• childcare costs
• clothing
• education
• other necessary expenses

Noncustodial parents need to stay informed of their responsibilities and the laws governing child support in Texas to ensure compliance and avoid legal consequences.

Determining the Maximum Child Support Amount

Various factors influence and can change the cap on monthly payments, which determines the maximum child support amount in Texas. These factors include:

• The child’s “proven needs”
• The Texas Family Code and Child Support Guidelines
• The role of the noncustodial parent
• The payer’s income based on their prior earning history.

The procedure for determining child support payments in Texas includes:

1. Utilizing the Texas tax charts to calculate the maximum child support.
2. Considering the payer’s income based on their previous earning history.
3. Assessing child support on a case-by-case basis by the requirements of the particular family.

However, if a high earner does not know the guideline cap for child support payments in Texas, they may end up paying several thousand dollars more per month than the law mandates.

Current Cap on Child Support Payments

Currently, the cap on child support payments in Texas stands at $9,200 per month. The obligor’s monthly net resources determine this cap, which includes income from various sources such as:

• salary
• commissions
• overtime pay
• rental income

When determining net resources for child support, you can deduct social security taxes and income taxes.

The Texas laws concerning the cap on child support payments stipulate that for 1-5 children, the maximum child support payment is 40% of the net monthly income.

Factors Influencing Maximum Amount

When determining how much child support is owed, factors such as the payer’s income, the child’s needs, and the custody arrangement can influence the maximum amount of child support owed.

Should the child’s needs surpass the maximum amount, such as medical needs, educational needs, or other special expenses, the court has the discretion to order amounts that exceed the presumptive maximum. Particular provisions of the Texas Family Code that are pertinent to the maximum child support amount include Section 154.062 and Section 154.125.

How to Calculate Child Support Payments in Texas

In Texas, they calculate child support payments based on the paying parent’s average net monthly resources using percentage guidelines. In the calculation of child support payments, ‘monthly resources’ refer to the net income of the paying parent. The court determines the amount of child support based on a percentage of the parent’s net income. In Texas, they also take social security or disability benefits into consideration when calculating child support.

Percentage Guidelines for Child Support

In Texas, they calculate child support based on a percentage of the obligor’s monthly net resources and the number of children.  The Texas child support guidelines are as follows:

• 1 Child: 20%
• 2 Children: 25%
• 3 Children: 30%
• 4 Children: 35%
• 5 or more Children: 40%

The obligated parent applies these percentages to their net monthly income, ensuring that child support payments proportionately reflect the paying parent’s financial resources.

The Texas Family Code, in Section 154.125, dictates that the Office of the Attorney General must review and adjust the amount of monthly net resources used for calculating child support. This must occur on a biennial basis. This ensures that the percentage guidelines for child support remain up-to-date and reflective of current economic conditions.

Adjustments and Deviations from Guidelines

Courts may adjust or deviate from child support guidelines based on factors such as the child’s needs, the payer’s income, and the custody arrangement. For example, if the child’s needs surpass the maximum amount due to medical or educational requirements, the court has the discretion to order amounts that exceed the presumptive maximum.

Parents need to be aware of the potential for adjustments and deviations from the standard guidelines, as these factors can significantly impact the final child support amount. If you believe your circumstances warrant a deviation from the guidelines, we recommend consulting a family law attorney from Graham Family Law who is knowledgeable and experienced in Texas child support law.

Modifying Child Support Payments

A significant change in circumstances or the current order failing to serve the child’s interest can lead to child support modifications. Proof of substantial changes, like job loss, international relocation, or custody agreement alterations, is needed. The process involves filing a petition with the court and providing supporting evidence. Legal assistance is crucial to protect your rights and your child’s well-being during the modification process.

Grounds for Modification

Changes in income, custody arrangements, or the child’s needs can serve as grounds for modification.

The Texas Family Code allows for child support modification due to substantial changes in circumstances, such as a shift in income or the obligor’s imprisonment. Examples include job loss, international relocation, changes in custody agreements, or specific needs of the child requiring higher care costs, like medical or educational needs.

Process for Requesting Modification

Requesting a modification of a child support order involves filing a petition with the court and providing evidence that supports the requested change. The Office of the Attorney General Child Support Division (OAG) may help in considering changing child support payments. The standing order must have been in place for at least 3 years, and the existing support should vary from the most recent Guidelines by 20% or $100.

When you request a modification of child support payments in Texas, you typically need to provide evidence that demonstrates a material and substantial change in circumstances. Documentation of changes in:

• income
• employment status
• medical expenses
• other relevant factors

may be provided as evidence. It is imperative to provide credible and strong evidence to support the request for modification.

Consequences of Not Paying Maximum Child Support

Failure to pay child support in Texas can result in wage garnishment, fines, and jail time. Up to 50% of disposable earnings may be garnished. Non-compliance can lead to a contempt of court judgment with up to 6 months imprisonment. The process involves filing a motion for enforcement, attending a hearing, and potential penalties if found in contempt. Parents must be aware of these consequences and comply with the law.

How Graham Family Law Can Help You

With expert advice, skilled negotiation, and aggressive advocacy, Graham Family Law navigates Texas child support laws to protect your rights and secure a fair outcome for your children.  Our attorneys, experts in San Antonio family law, are committed to achieving amicable settlements through skilled negotiation.

If negotiations fail, we stand ready to:

• Fight for you and your children in the courtroom
• Diligently prepare the case
• Present persuasive arguments
• Advocate vigorously to safeguard your rights.

To schedule a meeting with Graham Family Law, call us at 210-308-6448 or send us an email.

Frequently Asked Questions

What is the most money child support can take?

Federal law permits withholding up to 60% of a noncustodial parent’s disposable income for child support if they aren’t supporting a current spouse or another child and are not more than 12 weeks behind on payments.

What is the new child support law in Texas in 2023?

Texas’ new law states unpaid child support cannot be reduced, no matter who requests it. This reinforces that child support is a serious financial obligation and is in line with federal law.

How much is per child in Texas for child support?

In Texas, noncustodial parents must pay 20 percent of their net income for each child as child support. For two children, this percentage increases to 25 percent and for three children it increases to 30 percent.

Can I adjust child support payments?

Yes.  If circumstances change significantly or the current order no longer serves the child’s best interests.

What are the consequences of not paying the maximum child support amount in Texas?

Failure to pay the required child support in Texas can lead to wage garnishment, fines, and even jail time.

How far back can I collect child support?

In Texas, you can collect unpaid child support for up to ten years after your child turns 18. This is true if there is a court order. If there is no court order, the window for collecting retroactive support is four years.