Child Support and Enforcement Questions

The following answers apply only to Child Support cases filed in the State of Texas.

How do I determine my child support obligation in Texas?
A description of what's taken into account is given below, but click here for a rough estimate of how much your child support may be.

In Texas, child support is determined by a formula established by the Texas legislature. The formula is based upon the percentage of the Obligor’s net income. For example, an Obligor with one child should pay 20% of his or her net income. If the Obligor has 2 children, he or she should pay 25% of his or her net income. The more children there are, the greater the percentage. However, if the Obligor has another child with another parent, the Obligor’s child support obligation is reduced by a percentage.

Hypothetical: For child support purposes, what is the difference between net income and gross income? Net income is determined by taking the gross monthly income and reducing it by taking out federal income tax, medicare, and social security. If the Obligor belongs to a union, the Obligor may be given credit for paying union dues. Under some circumstances, other credits may be given, but the court determines the credit on a case-by-case basis.

Do other states use the same formula to determine child support?
Every state in the Union is different when determining an Obligor’s child support obligation. Therefore, if you have a child support obligation in another state, you should contact an attorney in that state to discuss the formula for that specific state.

Can I take into account the Obligee’s income in determining child support?
No. In Texas, you cannot take into account the Obligee’s income in determining the Obligor’s child support obligation. In most cases, the Obligee’s income is irrelevant in calculating child support.

When may I modify my child support?
Generally, you may modify your child support when there has been a significant change in circumstances or when the Obligor’s income has changed significantly that the child support would be increased or reduced by 20% or $100.00, whichever is greater. However, you should consult an attorney to discuss your specific facts to determine the appropriate time to modify your child support.

If I do not want to receive direct payments and want someone else to monitor payments, what can I do?
If you have been receiving child support directly from the Obligor and wish to have it go through a third-party, you have some choices available to you. There are a number of private child support agencies that will serve as registries to monitor your child support. However, private child support agencies will charge you a fee for processing the child support checks and monitoring payments. Please note that with some agencies, once you enter into a contract with them, it is very difficult for you to get out of the contract. In Texas, you may also go through the Office of the Attorney General to monitor and process payments. Their services are free but very slow. In each county, there may also be local child support registry to support the courts. These county registries will also charge a free to process and monitor payments.

Can I have the child support garnished from the Obligor’s wages?
In Texas, it is mandatory, by statute, that child support be garnished through the Obligor’s wages. There are some exceptions to this rule, but this is on a case-by-case basis.

What happens if the Obligor does not pay his or her child support?
If you are the Obligee, you may bring an enforcement action in court against the Obligor. In an enforcement action, along with some other remedies, you may ask the Court to order the Obligor to go to jail or place the Obligor on probation for failing to pay child support. You may hire an attorney to enforce your case or call the Office of the Attorney General. Each option has its advantages and drawbacks. If you hire a private attorney, you have to pay the attorney’s fees. The advantage of hiring an attorney is the speed and certainty that your case will get to court. If you apply at the Office of the Attorney General, you do not have to pay attorney’s fee, but you will have to deal with a very slow moving state bureaucracy that has to manage over a million cases. Therefore, you cannot predict when your case will get to court.

How long is my child support obligation in Texas?
In Texas, child support ends when the child reaches 18 years of age or graduates from high school, whichever is later. Child support will also end when the child emancipates or marries.

How can I stop my child support obligation?
Generally, it is very difficult to stop your child support obligation. If you are seeking to end child support, you should seek an attorney’s advice before doing so. If you are an Obligor, the law requires you to pay child support because it is the duty of a parent to care for a child. However, there are a few instances when you can stop your child support obligation, and each of these instances requires the permission of the court. You cannot, on your own action, stop child support without legal consequences. You may abate your child support obligation if you relinquish or terminate your parental rights. However, the courts will not allow you to relinquish your rights just because you don’t want to pay child support. In fact, if the Court finds that the Obligor’s sole reason for terminating parental rights is to avoid child support, the Court will most likely deny the request to terminate. If you are permanently disabled, you may be able to reduce your child support obligation or have your child support obligation paid through your social security. However, the social security administration will make this determination. If you are incarcerated, you may have your child support temporarily abated, however, some courts in some counties do not follow this policy. Again, abatement of child support is very difficult and can only be done on a case-by-case basis.