Texas law, explained
The short answer
Texas child support starts with a formula. The court finds the paying parent's monthly net resources and applies the guideline percentage: 20% for one child, 25% for two, 30% for three, 35% for four and 40% for five or more. Since September 1, 2025, the percentages apply to the first $11,700 of monthly net resources. Health and dental insurance are ordered in addition. John B. Polk helps Dallas parents prove the real income, argue for more or less when the facts justify it, and change or enforce orders.
How child support is calculated in Texas
Texas calculates child support from net resources, not gross pay. The court starts with all of the paying parent's income, then subtracts the deductions the law allows. Texas Family Code § 154.062 lists them: Social Security and Medicare taxes, federal income tax figured as a single person with the standard deduction, state income tax (Texas has none), union dues, and the cost of the child's health and dental insurance.
The guideline percentage is then applied to that monthly net figure. Texas Family Code § 154.125 sets the percentages for a parent with no children in another household:
- One child: 20% of net resources
- Two children: 25%
- Three children: 30%
- Four children: 35%
- Five children: 40%
- Six or more: not less than the five-child amount
The percentages are lower when the paying parent also supports children in another household (Texas Family Code § 154.129). The guidelines are presumed to be in the child's best interest, so a judge who orders a different amount has to explain why.
When support can be higher or lower than the guidelines
Yes, a Texas court can order more or less than the guideline amount. Texas Family Code § 154.123 lets the judge consider the child's age and needs, each parent's ability to contribute, child care costs, the time each parent has the child, travel costs for visits, and special educational or health care expenses, among other factors.
When the paying parent earns more than the cap, the guideline amount on the first $11,700 is the starting point. Section 154.126 allows more only when the parent asking for it proves the child's needs call for it. "Needs" is about the child's actual life, so evidence of real expenses matters more than the other parent's income alone.
If your ex earns far more than you, that alone does not change who pays. Support is normally paid by the parent who does not have the child most of the time. The income gap does matter when the court decides whether to go above the guidelines, how insurance and medical costs are split, and, in some cases, whether spousal maintenance is also available (see spousal support).
Health insurance, daycare, medical needs and school
Every Texas child support order must provide for the child's health insurance and dental coverage. The court decides which parent carries the coverage and how the cost is shared. Under Texas Family Code § 154.181, coverage is treated as reasonable in cost when it does not exceed 9% of the paying parent's annual resources. Uninsured medical expenses are usually split between the parents by percentage in the order.
Daycare and private school tuition are not separate add-ons in the Texas formula. The guideline amount is meant to cover the child's ordinary needs. Child care costs and special educational expenses are factors a judge can weigh to go above the guidelines, and parents can agree in their decree to share tuition, activities or daycare in any way they choose.
A child with special medical needs can justify support above the guidelines, and a child with a disability may receive support past age 18 for an indefinite period if the court so orders. Medical records and a clear budget of the child's costs are the evidence that carries this request.
Getting a child support order in Dallas, married or not
You get a child support order by filing a case in a Dallas County family court or by opening a case with the Office of the Attorney General. Married parents usually ask for support inside the divorce. Parents who are separated but not divorcing, or who were never married, file a suit affecting the parent-child relationship.
Unmarried parents have the same right to child support as married ones. If the father has not been legally established, paternity comes first, through a signed Acknowledgment of Paternity or a court order, often after genetic testing (see paternity and parental rights). Temporary support can be ordered while the case is pending.
Payments are typically made through income withholding and the Texas State Disbursement Unit, which creates a payment record both parents can rely on later.
How John helps with child support
Texas does not require a lawyer for child support, but one helps most in a complicated dispute: income that is hard to see, a request above or below the guidelines, large arrears or a parent in another state. John B. Polk has practiced family law in Dallas for more than 25 years and has worked extensively with the Office of the Attorney General's child support division and the Texas courts on paternity and support. The work starts with the numbers: pay stubs, tax returns, business records and the actual cost of the child's insurance.
- Calculating guideline support and checking the other side's figures
- Tracing income for business owners and self-employed parents, with CPAs and forensic accountants when needed
- Asking for support above or below the guidelines with evidence
- Modifying, enforcing and collecting past-due support
- Interstate cases under the Uniform Interstate Family Support Act
Many support disputes settle through negotiation or mediation, and John prepares each contested case as if it will go to a hearing. To talk about your situation, contact the office.
What happens when you hire John
- 1
Consultation
You talk with John about your children, the existing order if there is one, and what you want to change. He explains what Texas law says about your situation.
- 2
Income and expense review
John gathers pay records, tax returns and insurance costs for both parents. Where income is hard to see, he brings in a CPA or forensic accountant.
- 3
Calculation and strategy
You see the guideline figure and the arguments for more or less. John sets out the options: agreement, mediation or a court hearing.
- 4
Order or agreement
John negotiates, mediates or presents the case to the court. The final order spells out the amount, insurance, medical costs and how payment is made.
CPiQ, from John and Emily Polk
Messages between co-parents, without the next fight.
Paste a message before you send it. CPiQ, built on parenting-facilitation methods, suggests a calmer, child-focused version. Twenty short lessons help the change stick.
I highly recommend John for anyone going through a divorce. He was always available to give advice and strategize. I interviewed many firms big and small but chose John because of his experience and personal touch. He was very responsive. I felt like he was truly invested in making sure that I had the best outcome possible, and I believe that I did. Call John if you want a great lawyer who treats his clients like family.
Questions people ask
How much child support would I pay if I make $100,000 a year?
It depends on your net resources and the number of children, not the $100,000 alone. The court subtracts federal income tax, Social Security and Medicare taxes and the child's insurance cost from your gross income to reach a monthly net figure, then applies 20% for one child, 25% for two, and so on. At that income your monthly net resources fall below the $11,700 cap, so the percentage applies to all of it. The Texas Attorney General publishes a calculator, and John can run the exact figure with your pay records.
Do both parents pay child support with 50/50 custody?
Not automatically; Texas has no rule that equal time cancels support. With a truly equal schedule, courts often look at both parents' incomes and may order the higher earner to pay the difference, or order no periodic support. The judge can depart from the guidelines based on the time each parent has the child (Texas Family Code § 154.123). The result turns on the schedule, the incomes and who pays the child's expenses.
Can I get child support if we were never married?
Yes. A child of unmarried parents has the same right to support as any other child. Paternity has to be legally established first, by an Acknowledgment of Paternity or a court order. Support can also be ordered back to before the case was filed, and the law presumes up to four years of past support is reasonable.
What if my ex refuses to pay child support?
You can ask the court or the Office of the Attorney General to enforce the order. Remedies in Texas include income withholding, contempt of court with possible jail time, suspension of driver's and professional licenses, liens and interception of tax refunds. Delinquent support accrues 6% simple interest a year under Texas Family Code § 157.265, and a parent found to have failed to pay must also be ordered to pay the other parent's reasonable attorney's fees and costs unless the court finds good cause (§ 157.167).
Can child support be reduced if I lose my job?
Yes, but only through a court order, and only for payments that come due after the other parent is served or appears in the modification case. Job loss can be a material and substantial change under Texas Family Code § 156.401. Until a new order is signed, the old amount keeps accruing, so a delay in filing can leave a large debt.
How do I modify child support in Dallas County?
You file a petition to modify in the court that made the order, or ask the Attorney General to review the case. Texas allows a change when circumstances have materially and substantially changed, or when three years have passed and the guideline amount now differs from the order by 20% or $100; an agreed amount that departed from the guidelines can be changed only on a material and substantial change. Many modifications are settled by agreement and signed by the judge.
Does child support automatically change when income increases?
No. A Texas order stays the same until a court modifies it, no matter how either parent's income changes. The parent who wants a change has to file and show a material and substantial change, or meet the three-year and 20% or $100 test.
Can I stop paying child support when my child turns 18?
Not always. Texas support continues until the child turns 18 or graduates from high school, whichever is later, and can continue indefinitely for a disabled child. The order itself states when it ends, and past-due support is still owed after the child is grown. Withholding usually needs a court or Attorney General step to stop.
What happens to child support if the paying parent moves away?
The order stays in force. Texas keeps authority to modify it as long as the child or a parent still lives in Texas, and the Uniform Interstate Family Support Act lets the order be registered and enforced in another state. John has written and spoken on interstate support (see interstate orders).
Who pays for children's health insurance after divorce?
The court decides, and it must order health and dental coverage in every support case. Often the parent who already has coverage through work keeps the child on it, and the other parent reimburses part of the cost as medical support. Uninsured medical bills are usually divided between the parents by percentage.
Do I need a lawyer for a complicated child support dispute?
Texas does not require one, but a lawyer helps most when income is disputed. Self-employment, bonuses, stock compensation, hidden income, a request above the cap, or a parent in another state are all situations where the numbers decide the result. A consultation with John is a way to find out how much the dispute is worth fighting over.
Guides on this topic
SupportHow Texas Child Support Is Calculated, Including BonusesTexas uses net resources, a percentage per child and a cap of $11,700 a month. Here is what counts as income and what happens when it is hard to see.
SupportChanging, Enforcing and Ending Child Support in TexasA support order stays fixed until a court changes it. How to modify it, collect what is unpaid, and know when it ends.