How Does Child Support Work?

Questions about child support are some of the most common that divorcing couples have as they enter the divorce process. Some of these questions are: How does Child Support Work? How is the Amount of Child Support Determined? Or even Why do I have to pay child support?

Child support is a crucial part of ensuring that children receive financial assistance and support from both of their parents following a divorce or separation. In Texas, child support is typically determined based on state guidelines that consider various factors to determine the appropriate amount that one parent should pay to the other for the care and upbringing of their child.

The amount of child support to be paid primarily follows a formula outlined in the Texas Family Code. Child Support Guidelines consider the paying parent’s income, the number of children for whom the paying parent owes a duty of support and health and dental insurance costs. These guidelines provide a standard method for calculating child support, aiming to ensure fairness and consistency in its application across different cases.

The parent who does not have primary custody (the non-custodial parent) usually pays child support to the parent with whom the child primarily resides (the custodial parent). The amount is calculated as a percentage of the non-custodial parent’s net income, with variations based on the number of children requiring support.

In some instances, a parent may seek child support in excess of the guidelines. In order to obtain such a child support order, the parent must  provide sufficient evidence showing the needs of the child(ren) exceed the guideline amount and that the parent paying child support has the ability to pay the greater amount.

Why is Child Support Mandated?

It’s important to recognize that child support is not about penalizing one parent or favoring the other; rather, it is about prioritizing the child’s best interests. Financial support ensures that the child’s basic needs, including food, shelter, education, healthcare, and other necessities, are met. The aim is to provide the child with a standard of living that ensures the child’s health and well being.

Child support is mandated by law to protect the rights of the child and ensure they have the resources necessary for a healthy and stable upbringing. It is a legal responsibility that both parents have to their child, irrespective of the parents’ relationship status following a divorce or separation or the custodial arrangements.

Child support aims to guarantee that both parents contribute proportionally to their child’s upbringing, financially supporting the child’s needs and ensuring their overall well-being, even after their parents’ relationship has ended. Our office is located at 3000 Weslayan Street, Suite 365, Houston, Texas 77027

Chris A. Spofford, Family Law and Divorce Attorney
+ posts

Chris A. Spofford is a Houston-based divorce and family law attorney with over 30 years of experience. He has assisted thousands of Texans in navigating the complex waters of divorce and family law matters.

Chris was among the first lawyers in Texas to be trained in Collaborative Divorce in 2000. He has distinguished himself in both intense courtroom trials and through innovative alternatives such as divorce mediation and collaborative family law.

Similar Posts

  • Grounds for Termination of Parental Rights Under Texas Family Law

    Texas Family Law and parental rights In Texas Family Law, the most common grounds for termination of parental rights in a step-parent adoption are: To make the step-parent adoption process go as smoothly as possible under Texas Family Law, every effort should be made to gain consent of the absent parent. There many remedies that we can pursue in helping you to achieve this and to make other preparations, including achieving a court order terminating the former parent, if necessary. Provisions in Texas Family Law Some of the provisions outlined in Texas Family Code § 161.001 that can support a termination of the parent-child relationship, if found to be in the best interest of the child, are: Under Texas Family Code § 161.002, an alleged biological father can have his…

  • Child Custody Evaluation: Changes to Texas Family Law

    Texas Family Law Changes in the 85th Texas Legislature The Texas Legislature closed its biannual session for 2017. Although a Special Session may be called by Governor Abbott, it will not affect any Family Law issues. The Legislature did pass several bills that impact Texas Family Law. Here is one. Child Custody Evaluation The statute dealing with Child Custody Evaluations was revised this year. A significant change now offers more protection to child custody evaluators from being liable for civil damages arising out of the evaluator’s actions, recommendations made or opinion given in their capacity as a child custody evaluator. These protections have been in place for a guardian ad litem, attorney ad litem, and amicus attorneys for some time now. Finally those protections have been extended to…

  • Co-Parenting After Divorce

    Many divorcing parents want to be able to work with the other parent in raising their children. We refer to this in legal terminology as Co-Parenting. There can be as many ways to co-parent as there are parents. There are a number of publications (online and in print) that provide details for the best way to co-parent your children after divorce. Websites have been created to assist parents with scheduling and communication. One that is favored by many courts in the Greater Houston Area is Our Family Wizard. In-person parenting classes are offered that can provide you with in-depth training on how to approach co-parenting after divorce. Here is a short list of pointers to minimize any hostility between the parents and nurture a healthy environment for your children:

  • Child Custody Changes in the 85th Texas Legislature

    The Texas Legislature closed the 2017 session on May 29. Several laws were passed that affect Texas Family Law. Here is one small – yet important – child custody change in the statute that governs modification of an order for the Conservatorship, Support, or Possession and Access to a Child. Temporary Orders in a Suit to Modify Primary Conservatorship What the new language states is that – in cases where no parent has been granted the exclusive right to determine the child’s primary residence (primary conservatorship) – a court may not create a temporary order that has the effect of granting one parent this exclusive right. And also, no temporary order may be created that has the effect of changing or eliminating the geographic area within which a parent must maintain the child’s primary…

  • Can You Have A Child-Centered Divorce?

    If you have children, you essentially already have a child-centered divorce because your child should be the most important part of your divorce process. When considering a child-centered divorce, the focus invariably shifts to addressing the needs of the child, particularly in cases where primary custody is under discussion. Situations involving children with special needs, varying from mild to severe conditions, require specific attention during a divorce. A child with physical disabilities, such as being wheelchair-bound, becomes a pivotal concern in the divorce proceedings. Ensuring that they have adequate provisions becomes a central focus. Additionally, emotional issues in children might be exacerbated during divorce. While some children may navigate this period relatively well, others may require extra support or professional intervention to cope with the…

  • Child Support Guidelines and Additional Support Above and Beyond The Guidelines

    Child Support Guidelines Guidelines for ensuring proper child support Generally, child support is owed by the parent who does not have primary custody, the non-possessory parent (who is also called the obligor), to the possessory parent who does have primary custody (also called the the obligee). The amount of child support owed is determined by guidelines that apply a statutory percentage to the obligor’s net resources (gross income, less social security taxes and the federal income tax withholding for a single person claiming one personal exemption and the standard deduction). Tex. Fam. Code § 154.061 The easiest way to estimate an obligor’s net resources is to review the tax charts published by the Office of the Attorney General of Texas. Child support guidelines are designed to apply to situations in which the obligor’s monthly net resources are not greater than $7,500 or the…