Child support in Texas follows a clear statutory formula — but applying it correctly, navigating exceptions, and enforcing or modifying an existing order requires close attention to the details. Attorney Lynda Landers helps Collin County families make sure the numbers are right and the order is enforceable.
The formula is simpler than it sounds, but the inputs — particularly what counts as income — require careful attention.
Texas uses a percentage-of-income model to determine the guideline child support amount. The calculation starts with the obligor's (the paying parent's) monthly net resources. "Net resources" is not the same as gross income or take-home pay — it is a specific statutory figure defined by the Texas Family Code. To calculate it, you begin with all sources of income (wages, salary, self-employment income, rental income, investment income, and others), then subtract: Social Security taxes, Medicare taxes, federal income tax withholding (calculated at the standard deduction with one personal exemption), state income tax if applicable, and any union dues. Health insurance premiums for the children covered by the order are also handled separately from this calculation.
Once monthly net resources are established, Texas law applies the following statutory percentages based on the number of children before the court: 20% for one child, 25% for two children, 30% for three children, 35% for four children, and 40% for five or more children. These percentages apply up to a maximum net resource cap — currently approximately $11,700 per month in net resources for the standard guideline calculation. Because Texas law adjusts this cap periodically, readers should confirm the current figure with an attorney or the Texas Family Code. Income above the cap is not automatically included in the base support amount, though courts have discretion to order additional support in appropriate cases based on the child's demonstrated needs and standard of living.
The percentages above produce the guideline child support amount, which courts presume is appropriate. A court can deviate from guidelines if applying them would be unjust or inappropriate given the circumstances. Common reasons for deviation include a child with extraordinary medical or educational needs, a parenting arrangement where the child spends significantly more time with the non-primary parent than the standard order contemplates, or significant assets owned by the child. Deviation requires findings by the court and is not automatic — it must be argued and supported with evidence. If you are navigating a divorce that also involves child support questions, these issues are handled together in the same case.
Whether you are setting support for the first time, dealing with an order that no longer fits your situation, or trying to collect what is owed, Lynda provides straightforward guidance.
For most Collin County families, the guidelines calculation described above produces the support amount ordered by the court. Lynda makes sure the calculation is applied correctly — including how different income sources are characterized, what deductions apply, and whether any circumstances warrant a deviation from the guideline amount. Getting this right at the outset matters; a poorly drafted support order creates problems later.
When the obligor's monthly net resources exceed the statutory cap, the guideline formula alone may not fully reflect what the child's needs actually require. Courts evaluating above-cap cases consider the child's proven needs, the standard of living the child would have enjoyed had the family remained intact, and the ability of both parents to contribute. These cases benefit from careful preparation and, in some situations, expert financial analysis.
Child support can be modified in two situations: (1) there has been a material and substantial change in circumstances — such as a significant income change for either parent, a change in the child's needs, or a change in custody arrangements — or (2) three years have passed since the order was set and the new guideline amount differs from the existing order by at least $100 per month or 20%, whichever is less. Informal agreements between parents to pay more or less than the order requires are not enforceable. A court order is required.
When a parent fails to pay court-ordered child support, Texas law provides several enforcement tools. Wage withholding — automatic deduction from the obligor's paycheck — is the most common and is included in most child support orders. If payments still fall behind, a court can hold the obligor in contempt, which may result in fines or jail time. Other mechanisms include license suspension, passport denial, liens on real property, and referral to the Texas Attorney General's Child Support Division.
When a parent falls behind on child support, the unpaid amount is called arrears. In Texas, arrears accrue statutory interest and remain collectible even after the child turns 18. The passage of time does not erase what is owed.
The most effective — and most common — first line of enforcement is the income withholding order. Most Texas child support orders include one automatically. It directs the obligor's employer to deduct the support payment directly from wages before the paycheck is issued and remit it through the state disbursement unit. When the obligor changes jobs, the withholding order follows them.
When withholding is unavailable or insufficient, additional enforcement tools are available:
It is worth noting: incarceration for contempt stops future nonpayment, but it does not eliminate the arrears owed. The debt remains, and it continues to accrue interest.
Texas courts are required to address medical support in every child support order — it is not optional and not something that can be left for parents to work out informally.
In practice, this means that one parent — typically the one with access to affordable employer-sponsored group health coverage — is ordered to maintain the child on their health insurance plan. Texas courts also frequently require dental and vision coverage when it is available at a reasonable cost through an employer.
If neither parent has access to group health coverage at a reasonable cost, the court may require one or both parents to contribute to the cost of private health insurance for the child.
Uninsured medical expenses — the out-of-pocket costs not paid by insurance — are handled separately. Courts typically split these costs between parents according to a percentage set in the order, often calculated in proportion to each parent's income.
Child support decisions don't happen in isolation — they're connected to custody and, often, divorce proceedings.
Child support cases for Collin County residents are filed in the district courts in McKinney. Lynda Landers has practiced in these courts for more than two decades and represents clients from McKinney, Frisco, Plano, Allen, Prosper, and throughout North Texas.
For location-specific information, visit the resource pages for Frisco families and Plano families. For the complete range of family law services available through Lynda's practice, visit Landers Family Law.
Child support orders are difficult to undo once signed. A consultation with Lynda Landers before you agree to any terms — or as soon as you have questions about an existing order — is time well spent.
Schedule a Consultation or call (972) 529-5707