You have questions about child support, and we have answers. Thousands of Houston parents face the same concerns every year, and getting clear answers can make a stressful situation feel far more manageable. If you have additional questions about child support or are facing a support matter, contact our attorneys at C. E. Schmidt & Associates PLLC at (281) 550-6650 or contact us online today.
Under Texas Family Code § 154.125, the state uses a percentage-of-income model to determine child support obligations. The court applies a set percentage to the paying parent’s monthly net resources based on the number of children requiring support:
Net resources include wages, salary, commissions, overtime, tips, bonuses, self-employment income, rental income, dividends, and certain other forms of income after deducting federal income taxes, Social Security taxes, and health insurance premiums for the child, as defined by Texas Family Code § 154.062.
Texas currently caps the amount of net resources subject to the guidelines. The cap is currently $11,700 per month (subject to periodic adjustment by the Texas Judicial Council), though the court can order additional support above the cap if the child’s needs justify it. If a parent is voluntarily unemployed or underemployed, the court may impute income based on that parent’s earning potential and work history.
Even when parents share equal possession time, Texas courts often still order one parent to pay child support. A 50-50 child custody arrangement does not automatically eliminate the obligation.
The court looks at each parent’s income and the child’s overall needs to determine whether a support order is appropriate. If one parent earns significantly more than the other, the higher earner will likely owe support to balance the child’s standard of living between both households.
Once a court issues a child support order, payments typically begin on the date specified in the order. In Harris County, cases processed through the Office of the Attorney General or the Harris County District Clerk’s office may take several weeks to set up wage withholding. Temporary orders can provide support while your divorce or custody case is still pending.
You can request a modification if circumstances have materially changed since the last order. You or your attorney must file a petition in the court that issued the original order and demonstrate valid grounds for the change:
Texas also follows a three-year rule. If three years have passed since the last order and the monthly amount differs by 20% or $100 from what the current guidelines would produce, you qualify to request a modification regardless of whether circumstances have changed.
You do not need to be married to receive child support in Texas. Even if you were never married to the other parent, you can file for support once paternity has been legally established. The father can sign an Acknowledgment of Paternity voluntarily, or you can petition the court for a DNA test to confirm biological parentage. Once the court recognizes the parent-child relationship, it will calculate support using the same guidelines that apply to married parents in a divorce.
Texas takes nonpayment of child support very seriously, and the consequences can escalate quickly. The Office of the Attorney General and Harris County family courts have multiple enforcement tools available:
In most cases, child support in Texas continues until the child turns 18 or graduates from high school, whichever comes later. If your child has a physical or mental disability that requires ongoing care, the court may order indefinite support. You should never stop making payments on your own without a court order, even if your child reaches adulthood, because unpaid arrears remain enforceable and collectible.
Certain life events may allow you to petition for early termination of your child support obligation. You must file with the court and receive a signed order before you stop making payments:
Yes. If you and your spouse are separated but have not finalized your divorce, you can request temporary child support through a motion for temporary orders. Harris County family courts regularly hear these requests. A judge can order support while the case moves through the system, so your child’s financial needs are covered during the transition.
Texas participates in the Uniform Interstate Family Support Act, which allows the enforcement of child support orders issued in other states. If you moved to Houston from another state, the Texas Office of the Attorney General can register and enforce your existing order locally.
While you can represent yourself in child support matters, having our Houston child support lawyers from C. E. Schmidt & Associates PLLC can make a significant difference in the outcome of your case. Our team can be particularly valuable if your case involves any of the following:
You deserve answers that fit your family’s unique situation, and you do not have to figure this out alone. C. E. Schmidt & Associates PLLC is here to help Houston parents work through child support matters with compassion and dedication.
Call (281) 550-6650 or contact us online to schedule a consultation with a Houston child support attorney who will listen to your concerns and help you take the right next step for your family.
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