Understanding Your Child Support Obligations as a Divorce Attorney in Austin, TX Explains
If you’re facing divorce in Texas and have one child, you’re likely wondering exactly how much you’ll pay in child support. The answer might surprise you: Texas law typically requires the non-custodial parent to pay 20% of their net monthly resources for one child with no other child support obligations when the Standard Possession Schedule is followed. This percentage-based system, used by only a few states including Texas, can feel overwhelming when you’re already dealing with the emotional and financial stress of divorce. Many parents in Austin struggle to understand how this calculation works and whether their specific situation might warrant different arrangements.
💡 Pro Tip: Start documenting your income and expenses now, including pay stubs, tax returns, and monthly bills. Having accurate financial records ready will help your attorney calculate support obligations more precisely.
Feeling overwhelmed by child support calculations? You’re not alone. Lackey Law is here to help you navigate your obligations with confidence. Whether you’re planning ahead or in need of immediate guidance, reach out at 888-705-0307 or contact us today to make sense of it all.
Your Rights Under Texas Child Support Law
Texas guidelines follow what’s called a “percentage of obligor’s income model” for calculating child support, which means the non-custodial parent (the obligor) pays a percentage of their net resources based on the number of children before the Court and the number of other children. To calculate guideline support, parties should disclose the income and resources that are considered in the calculation of net resources under the Texas Family Code. The costs of health insurance premiums and dental insurance premiums for the child are also considered. When working with a Divorce Attorney in Austin, TX, you’ll learn that income from stepparents or new partners won’t be included in this calculation, which protects both parents from unfair financial burdens.
The Texas child support guidelines review process ensures these percentages remain fair and current. The Child Support Division reviews these guidelines at least once every four years, as required by both federal and Texas law. The most recent review was concluded in August 2025. Understanding these reviews helps parents recognize that child support amounts aren’t arbitrary but are based on careful analysis of economic data on the cost of raising children and current labor market conditions.
💡 Pro Tip: Keep detailed records of all time spent with your child, including overnight stays. Texas considers the amount of time each parent spends with the child when determining support obligations, which could impact your final payment amount.
The Child Support Calculation Process in Texas
Understanding how Texas calculates child support can help you prepare for what lies ahead in your divorce proceedings. The process follows a specific formula that ensures consistency across cases, so the amount you pay doesn’t depend on which judge hears your case. Here’s how the calculation typically unfolds:
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First, Texas determines an obligor’s net monthly resources by deducting allowed items—social security taxes, federal income tax computed for a single filer, any state income tax, union dues, child health/dental insurance premiums, and certain retirement contributions—from gross income
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For one child (and no other support obligations), the standard guideline is 20% of those net resources, increasing to 25% for two children
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The guideline percentage is applied to those net resources to produce the basic child support obligation; additional costs such as health insurance premiums, uninsured medical expenses, childcare, or extraordinary educational expenses are added or allocated separately under the Family Code
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The guideline percentages are applied only to the obligor’s net resources up to the published monetary cap; if net resources exceed that cap, a court may order additional child support for the child’s proven needs under Tex. Fam. Code §154.126
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Additional factors like healthcare costs, educational expenses, and special needs may be added to the basic support amount
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There are also many factors for deviating up or down from guideline support set out in the Texas Family Code section 154.123, such as: age and needs of the child, amount of possession time with each parent, and cost of travel to exercise possession time
💡 Pro Tip: If your income varies significantly month to month (common for self-employed parents or commission-based workers), keep a 12-month average for the last three years ready. Courts often use annual averages for inconsistent income situations.
Finding Fair Solutions Through Experienced Legal Guidance
While the 20% guideline provides a starting point, every family’s situation is unique. Texas law recognizes this by allowing courts to consider all income and resources when making final determinations. The state’s approach aims to create consistency while still allowing flexibility for special circumstances. When parents work with a knowledgeable Divorce Attorney in Austin, TX from firms like Lackey Law, they often discover options they didn’t know existed, such as agreements for direct payment of certain expenses or adjustments based on extended parenting time.
It’s worth noting that Texas is one of only a few states that uses the percentage of income model for child support calculations. Within these states, some use a flat percentage while Texas uses a varying percentage model, which adjusts based on the number of children. This system has both advantages and challenges – while it’s simpler to calculate than the income shares model used by 41 other states, it may not always reflect the actual costs of raising a child in Austin’s current economy.
💡 Pro Tip: Consider proposing a detailed parenting plan that addresses not just basic support but also how you’ll handle future expenses like college, extracurriculars, and medical costs. Courts often approve well-thought-out agreements that go beyond minimum requirements.
Hidden Factors That Impact Your Support Obligation
Beyond the basic 20% calculation, several lesser-known factors can significantly affect your child support obligation in Texas. The state’s child support courts, created to meet federal requirements for expedited processes, handle these complex calculations daily. These specialized courts employ associate judges who focus on Title IV-D child support establishment and enforcement cases, ensuring decisions are made by those with deep understanding of support law. Working with an experienced Divorce Attorney in Austin, TX becomes crucial when these additional factors come into play.
Self-Employment and Business Income Considerations
Self-employed parents face unique challenges in child support calculations. The court examines business expenses carefully to ensure they’re legitimate and necessary, not attempts to reduce apparent income. This scrutiny extends to depreciation, business entertainment, and vehicle expenses. The next child support guideline models review will examine how gig economy and remote work trends impact these calculations, potentially changing how courts view self-employment income.
💡 Pro Tip: If you’re self-employed, prepare a detailed profit and loss statement for the past two years. Courts often look at multi-year averages to account for business fluctuations.
Protecting Your Financial Future While Supporting Your Child
Managing a 20% child support obligation while maintaining your own household requires careful financial planning. Parents must balance their obligation to their children with their own financial stability. A skilled Austin child support lawyer can help you understand how to structure payments in ways that meet your obligations while preserving your ability to maintain housing and meet other essential needs.
When Income Changes After Divorce
Life doesn’t stop after your divorce decree is signed. Job loss, promotion, illness, or remarriage can all impact your ability to pay or your need to receive support. Texas law provides mechanisms for modifying support orders when circumstances substantially change. Understanding when and how to request modifications protects both parents and children from financial hardship. The varying percentage model used in Texas means that changes in income can directly translate to adjusted support amounts, making timely modification requests essential.
💡 Pro Tip: Document any income changes immediately and consult with your attorney about modification timelines. Texas generally requires showing a significant change in circumstances or that current orders no longer serve the child’s best interests.
Frequently Asked Questions
Common Child Support Calculation Questions
Parents facing divorce in Austin often have similar concerns about how child support will impact their finances and their children’s wellbeing. Understanding these common questions helps you prepare for discussions with your attorney and the court.
💡 Pro Tip: Write down all your questions before meeting with an attorney. Having a comprehensive list ensures you address all concerns during your consultation.
Understanding Your Options and Next Steps
Knowing what to expect in the Texas child support process empowers you to make informed decisions for your family’s future. These questions address the most common concerns parents have when navigating support calculations.
💡 Pro Tip: Keep copies of all court orders and support calculations. You’ll need these documents for tax purposes and any future modification requests.
1. Does the 20% child support rate in Texas include healthcare and childcare costs?
No, the 20% basic child support obligation typically doesn’t include healthcare premiums, unreimbursed medical expenses, or childcare costs. These are usually calculated separately and divided between parents based on their incomes. Your Texas divorce attorney can help you understand how these additional expenses will be allocated in your specific case.
2. Can I pay less than 20% if I have my child 50% of the time?
Possibly. Texas child support guidelines consider the amount of time each parent spends with the child. If you have your child for extended periods beyond standard possession, the court may adjust the support amount. However, 50/50 custody doesn’t automatically eliminate support obligations, especially if there’s a significant income difference between parents.
3. What happens if my income exceeds the statutory cap for child support calculations?
Texas applies its percentage guidelines to the obligor’s monthly net resources up to the published cap (net resources of $11,700 per month effective September 1, 2025, subject to future adjustment). If net resources exceed that published amount, a court may order additional child support based on the child’s proven needs under Tex. Fam. Code §154.126. The statutory guidelines also provide for a maximum percentage at 40% for five children (with families of six or more children being not less than the amount for five children), and withholding/enforcement limits are governed by separate provisions (e.g., Chapter 158 and federal law).
4. How often can child support amounts be reviewed or modified in Texas?
Generally, you can request a review of your child support order every three years, if the guidelines would dictate a 20% or $100 per month difference from the current support order, or there has been a material and substantial change in circumstances. Job loss, significant income changes, or changes in the child’s needs may qualify.
5. Do I need a lawyer to establish or modify child support in Austin?
While not legally required, working with an Austin family law attorney provides significant advantages. They understand local court procedures, can identify all relevant income sources, and ensure your rights are protected throughout the process. Given that child support orders can last until your child turns 18 (or graduates high school), professional legal guidance often pays for itself through properly calculated support amounts.
Work with a Trusted Divorce Lawyer
Navigating Texas child support guidelines requires understanding both the standard 20% calculation and the numerous factors that can affect your specific situation. Whether you’re concerned about affording support payments or ensuring your child receives adequate financial support, having knowledgeable legal representation makes a significant difference. The attorneys at Lackey Law understand the complexities of Texas family law and can help you achieve a fair outcome that protects both your interests and your children’s welfare. Don’t let confusion about child support calculations add unnecessary stress to your divorce process – seek guidance from professionals who handle these matters daily and can explain your options in clear, understandable terms.
Wondering how to steer through the waves of child support calculations? Lackey Law is here to guide you on this journey. Reach out at 888-705-0307 or contact us for clarity and confidence in handling your obligations.
