What happens when two parents separate—but the financial responsibilities for raising their child remain? It’s a situation faced by thousands of families across Texas every year.
At Daniel Ogbeide Law, we help families take control of difficult legal situations—including questions about child support, enforcement, and changes to existing orders. As experienced family law attorneys, we know that when it comes to figuring out the right child support amount, there’s more at stake than numbers. You need clarity, fairness, and protection for your child’s future.
In this blog, we’ll break down exactly how child support is calculated in Texas, including the factors courts look at, how custody impacts support, and when a change in your financial situation might justify a modification.
What Does Texas Law Say About Child Support?
Texas law uses a standardized formula to determine the base amount of child support. The idea is to make the process fair, consistent, and predictable. But that doesn’t mean it’s simple—especially when the parents’ income or custody arrangement is complex.
Here’s how it typically works:
1. Income-Based Guidelines
The starting point for calculating child support in Texas is the paying parent’s net resources. That includes:
- Wages and salaries
- Self-employment income
- Rental income
- Bonuses and commissions
- Unemployment or disability benefits
- Retirement income
What’s excluded? Federal income taxes, Social Security taxes, union dues, and the cost of the child’s health insurance.
Once the court determines the net monthly income, it applies a percentage based on the number of children:
- One child: 20%
- Two children: 25%
- Three children: 30%
- Four children: 35%
- Five children: 40%
- Six or more: Not less than 40%
These percentages apply only if the noncustodial parent has no other children to support. If they do, the percentages are adjusted downward slightly.
Important: The child support amount isn’t negotiable between parents. It’s a legal obligation, and the court has the final say.
2. How Custody Arrangements Impact Support
Texas assumes one parent is the custodial parent—meaning the child lives with them the majority of the time—and the other is the noncustodial parent who pays support.
If parents have joint custody or a 50/50 time-sharing arrangement, things get more complicated. The court might still designate one parent as the primary caregiver and require the other to pay support based on income differences. It’s not an automatic waiver just because custody is shared.
3. When Can the Court Adjust the Support Amount?
While the formula is the baseline, judges can adjust the child support amount if the situation demands it. Some of the factors that could lead to a different amount include:
- A child with special medical or educational needs
- The paying parent has unusually high or low income
- Significant travel costs for visitation
- Existing child support orders for children from another relationship
The court’s goal is always to prioritize the child’s well-being, even if that means stepping away from the standard formula in exceptional cases.
4. What If Circumstances Change? Understanding Modification
Life changes. Maybe your income drops, you lose your job, or your child starts living primarily with you. In those cases, you might be eligible for a child support modification.
In Texas, you can request a modification if:
It’s been three years since the last order and
The amount would change by at least 20% or $100 based on current guidelines
Or if:
There’s been a material and substantial change in circumstances (like job loss, disability, or a major change in custody)
We always recommend speaking with an experienced child support lawyer if you believe your current order no longer fits your situation. Filing without legal guidance could cost you time and money—and might even get your request denied.
5. Enforcement: When Support Isn’t Paid
Missed payments don’t disappear. Texas courts take unpaid child support seriously. If someone falls behind, enforcement measures could include:
- Suspension of driver’s or professional licenses
- Tax refund interception
- Jail time for contempt of court
If you’re not receiving the support you’re owed—or if you’re unable to pay due to a legitimate reason—it’s critical to speak with a child support attorney as soon as possible. Waiting too long can create legal and financial consequences that are difficult to reverse.
Not Sure If Your Child Support Amount Is Accurate?
Whether you’re setting up child support for the first time or believe your current order needs to be adjusted, it’s important to have legal support that prioritizes your family’s needs. At Daniel Ogbeide Law, we represent parents on both sides of child support disputes—from securing fair orders to defending against unfair enforcement actions.
As experienced child support lawyers in Houston, we understand the stress and confusion that often come with these cases. That’s why we focus on clear communication, compassionate service, and smart legal strategy. Whether you’re seeking child support modification in Houston or have questions about your current obligations, we’re here to help.
Contact Daniel Ogbeide Law today to speak with a child support attorney who knows Texas law inside and out. We’ll review your case, explain your rights, and work toward the outcome that’s right for your family. Don’t let confusion or delay affect your child’s future—get the legal guidance you can trust.