Austin Child Support Lawyer
Legally reviewed by Alicia Lackey, J.D. — Texas attorney since 2007 · Last updated March 13, 2025
Texas child support is a formula, with exceptions that matter. Guideline support is a percentage of the paying parent’s monthly net resources — 20 percent for one child, 25 percent for two, 30 for three, 35 for four and 40 for five or more (Texas Family Code §154.125) — applied to net resources up to a cap of $11,700 a month, the figure in effect since September 1, 2025. Above that cap, a court can order more only on proof of the child’s actual needs, which is where cases involving Austin business owners, physicians and executives are decided. The Austin child support lawyers at Lackey Law Firm, P.C. handle original orders, above-guideline cases, modifications and enforcement in the Travis County district courts, often alongside our Austin child custody lawyers in the same case. Call 512-501-1618 for a confidential consultation.
Skilled Handling Of All Support Issues
Lackey Law Firm, P.C., can assist with various child support cases, including but not limited to:
- Termination of marriage relationship: During a lawsuit terminating a marriage that involved children of the marriage, a court order can be requested to determine how the children will be supported, and which party will provide health insurance, medical and dental support.
- Original suit affecting parent-child relationship: When the parents are not married but do not live together, a court order can be requested to determine how the child will be supported and provided with health insurance, medical and dental support.
- Modification of child support: When a party has been ordered to pay child support, or provide health insurance, medical and dental support, but as a change to the court order is needed to increase or decrease the support or change the person paying the support based on the facts in the case.
- Enforcement of child support: When a party has been ordered to pay child support, or provide health insurance, medical and dental support, but they fail to comply with the court order, action can be taken to enforce the court-ordered obligations of the party or to defend a party from obligations under certain circumstances.
- IV-D child support: When a parent receives assistance from the Office of the Texas Attorney General to locate and contact the non-custodial parent, establish paternity or collect child support.
How is child support calculated in Texas — and what changed on September 1, 2025?
The calculation starts with the paying parent’s net resources: all income — wages, bonuses, commissions, self-employment and business income, dividends, rental income and retirement benefits — less federal income tax for a single person claiming one exemption, Social Security and Medicare taxes, union dues and the cost of the child’s health insurance (Texas Family Code §154.062). The guideline percentage is then applied to the first $11,700 of monthly net resources. That cap rose to $11,700 from $9,200 on September 1, 2025, so the maximum guideline support for one child is now $2,340 a month, up from $1,840. Orders signed before that date keep the old figure until they are modified. Parents may agree to an amount above or below the guidelines, but a judge must find the agreement is in the child’s best interest before signing it.
Child support for high earners: above the guideline cap
When a parent’s net resources exceed $11,700 a month, the guideline percentage stops at the cap. A court may order additional support only if the parent asking for it proves the child’s actual needs are greater than the capped amount (Texas Family Code §154.126) — private school tuition, therapies, travel for a long-distance possession schedule and extracurricular costs are the usual evidence. Business owners and parents paid in stock face a second question: what counts as income. Distributions, retained earnings a sole owner controls, bonuses and vested equity compensation are all net resources for support purposes, and a parent cannot lower support by routing pay through a company. These cases overlap heavily with high-asset divorce, and the same financial records decide both.
Medical and dental support
Every Texas child support order also allocates the child’s health and dental coverage. The court orders one parent to carry insurance and the other to reimburse a share of the premium, or orders cash medical support when no reasonable coverage is available (Texas Family Code §154.182). Uninsured expenses — copays, deductibles, orthodontia — are usually split between the parents in the order itself. Omitting these terms is a common mistake in agreed orders and a frequent reason parents are back in court within two years.
Modifying a child support order in Travis County
A Texas court can modify child support in two situations: the circumstances of the child or a parent have materially and substantially changed since the last order, or three years have passed and the guideline amount would differ from the current order by 20 percent or $100 a month (Texas Family Code §156.401). A new job, a lost job, a large raise, a new child or a change in the possession schedule are the typical triggers. The petition is filed in the Travis County court that signed the last order, and until a judge signs a new order the old amount stays due — informal agreements between parents do not change what the court will enforce. The Texas Attorney General’s Child Support Division also offers an administrative review, which is slower but free. Our modifications page explains what evidence courts find persuasive.
Enforcing a child support order
When payments stop, Texas law gives the receiving parent and the court several tools: wage withholding sent directly to the employer, interception of tax refunds, liens on property and accounts, suspension of driver’s, professional and hunting licenses, and a motion for enforcement that can end in a finding of contempt, a judgment for arrears with interest, and jail time. A parent who wins an enforcement motion can also be awarded attorney’s fees. The Travis County Domestic Relations Office and the Attorney General’s office both handle enforcement, but a private motion filed by your own attorney is usually faster and can be combined with a request to modify.
When does child support end — and what if the parents were never married?
Texas child support continues until the child turns 18 or graduates from high school, whichever comes later, and can continue indefinitely for an adult child with a disability that began before 18 (Texas Family Code §154.001, §154.302). It ends earlier if the child marries, is emancipated or dies. Support does not stop automatically at 18 if the child is still in high school, and arrears never expire. When the parents were never married, support is set in a suit affecting the parent-child relationship after paternity is established — by acknowledgment or DNA testing — and the same guidelines apply.
Austin child support — frequently asked questions
How much is child support in Texas for one child?
Twenty percent of the paying parent’s monthly net resources, up to the $11,700 cap — a maximum guideline amount of $2,340 a month under orders signed on or after September 1, 2025. The percentage is reduced when the paying parent supports children in another household.
Do you pay child support with 50/50 custody in Texas?
Often, yes. Texas guidelines do not automatically offset support for equal possession time. Judges and parents in agreed orders frequently use an offset — the higher earner pays the difference between the two guideline amounts — but it is a negotiated or discretionary outcome, not an automatic one.
Can the mother cancel child support?
No. Child support belongs to the child, not the parent, so a receiving parent cannot waive it on her own. Parents can agree to modify or end support, but only a signed court order makes the change effective, and a court must find it is in the child’s best interest.
What does child support cover?
Guideline support is intended to cover the child’s ordinary living expenses — housing, food, clothing, school costs and activities. Health and dental coverage and uninsured medical expenses are ordered separately, and above-guideline support can be ordered for proven needs beyond the ordinary.
Does child support stop automatically at 18 in Texas?
No. It continues until the child graduates from high school if that is later than the 18th birthday, and the paying parent must keep paying until the order ends by its terms or a court terminates it. Unpaid amounts remain collectible as arrears with interest.
How do I report non-payment of child support in Texas?
You can open a case with the Texas Attorney General’s Child Support Division or file a motion for enforcement in the Travis County court that signed the order. A private enforcement motion is usually the faster route and can include a request for attorney’s fees and a judgment on the arrears.
How much does a child support lawyer cost in Texas?
Most Austin family law attorneys work on an hourly basis against a retainer, and the cost depends on whether the case is agreed or contested. In enforcement cases the court can order the non-paying parent to pay the other side’s attorney’s fees. We discuss fees and a realistic range at the first consultation.
Meet Our Attorney
Practice Areas
Contact An Austin
Child Support Attorney For Guidance
Whether you are seeking or are being asked to make child support payments, Lackey Law Firm, P.C., is committed to ensuring your children receive the fair financial support they need. To schedule a consultation, call the firm’s offices throughout Texas* at 512-501-1618. You may also complete the online contact form.