Raising a child requires emotional, physical, and financial support from both parents. In Texas, the law places a strong emphasis on financial contributions, particularly in cases where parents are divorced or separated. Child support payments are not arbitrary, they follow strict state guidelines designed to protect the child’s well-being.
According to the Office of the Attorney General of Texas, more than $4.37 billion in child support was collected, serving over 1.5 million children. Despite this, enforcement challenges persist when a noncustodial parent fails to pay. Understanding how child support is calculated and what happens when it’s not paid is important for both parents.
Let’s take a closer look at how the child support system works and how enforcement is handled under Texas law.
How Child Support Payments Are Calculated in Texas
Texas uses a percentage-based formula to determine the amount a noncustodial parent must pay. This calculation is based on the paying parent’s net monthly income after taxes, health insurance premiums, and other legally mandated deductions. The percentage applied depends on the number of children being supported:
- 1 child:20% of net income
- 2 children:25%
- 3 children:30%
- 4 children:35%
- 5 or more children:40%
If the parent has children from other relationships, these percentages are adjusted accordingly.
Texas courts rarely deviate from these statutory guidelines unless there’s clear evidence that doing so is in the best interest of the child. Judges may also consider factors such as medical needs, special education costs, and the parenting time arrangement.
What Happens When a Parent Fails to Pay?
Missed payments can have serious legal consequences. Texas takes child support enforcement seriously to protect the welfare of children. When payments stop or fall behind, the following actions may be taken:
- Wage Garnishment:The most common method, where child support is automatically deducted from the parent’s paycheck.
- License Suspension:Driver’s, hunting, fishing, and even professional licenses may be suspended.
- Tax Refund Interception:The state may claim a parent’s federal or state tax refund to cover unpaid support.
- Credit Reporting:Late payments can be reported to credit bureaus.
- Contempt of Court:Parents can face fines or jail time for ignoring court-ordered payments.
Child support enforcement in Texas may also involve freezing bank accounts or placing liens on property if large amounts go unpaid.
Legal Support Can Make a Difference
Legal guidance is important when addressing issues around child support, whether you are the parent paying or receiving support. Enforcement proceedings, income reassessments, and modifications can all require court involvement.
Parents involved in contested divorce cases often require more aggressive legal intervention to resolve support and custody matters. Even in uncontested divorce cases, it’s important that all agreements, including child support, meet legal requirements.
Legal professionals assist with enforcement matters and provide support for property division, common law divorce matters, and other family law concerns.
Modifying Child Support Orders in Texas
If a parent’s financial situation changes, such as a job loss or significant income increase, either parent can request a review of the existing order. The court will only modify the order if:
- It’s been at least three years since the last order, and the amount would change by 20% or $100
- A material and substantial change in circumstances has occurred.
Modifications can’t be applied retroactively, so it’s important to act quickly and follow legal procedures through an attorney or the Office of the Attorney General.
Get the Support You Deserve
Child support enforcement in Texas is designed to protect the financial stability of children, but the system can be difficult to handle without legal guidance. Whether you’re a parent who needs to secure payments or one seeking a fair modification, legal support can make the process smoother and more effective.
Daniel Ogbeide Law offers compassionate, knowledgeable help with child support enforcement, divorce matters, cohabitation agreements, and family law services. To schedule a consultation and get the legal guidance you need, contact us now for child support modification in Austin.