Navigating child support through the Texas Office of the Attorney General (OAG) requires understanding strict statutory formulas and enforcement mechanisms. If you're facing a new support order, arrears, or a calculation dispute, knowing how the state evaluates net resources changes everything.
Texas uses a specific percentage-of-income model capped at a statutory monthly net resource limit of $11,700. Enforcement actions by the OAG can range from wage garnishments to license suspensions if payments fall behind.
Understanding Texas Child Support Net Resources
Child support calculations start with gross income, but the state applies narrow statutory deductions to find your net monthly resources. Gross income includes wages, commissions, tips, self-employment earnings, rental income, severance pay, and unemployment benefits.
Only specific deductions are permitted to lower that gross figure into net resources:
- Federal income tax calculated for a single person with one exemption
- Social Security taxes (FICA)
- Medicare taxes
- Union dues
- Cost of health insurance and dental insurance premiums for the child
Everyday living expenses like rent, car notes, credit card bills, and utilities are never deducted. The law assumes your personal debts shouldn't reduce the money available to support your children.
Standard Guideline Percentages and the Income Cap
Once net resources are calculated, Texas Family Code applies a standard percentage based on how many children you have before the court.
- 1 child: 20% of net resources
- 2 children: 25% of net resources
- 3 children: 30% of net resources
- 4 children: 35% of net resources
- 5 children: 40% of net resources
- 6+ children: Not less than the 5-child amount (40%)
These percentages apply up to the monthly net resource cap of $11,700. For example, if a parent earns a net monthly income of $5,000 and has one child, the basic guideline obligation is $1,000 per month (20% of $5,000).
If a parent's net resources exceed $11,700 per month, the standard guideline percentage is calculated using that $11,700 ceiling (yielding a maximum standard payment of $2,340 for one child). Courts can award additional support above this cap only if the child's proven needs exceed the baseline amount.
Adjustments for Multiple Households
If you support children across multiple households, the percentage drops. Texas provides a multiple-family adjustment chart under the Texas Family Code to ensure noncustodial parents aren't overburdened when they have legal duties to kids from other relationships.
For instance, if an obligor has one child before the court but legally supports two other children in a different household, the standard 20% guideline drops to 16% of net resources. This adjustment prevents the total support obligations from exceeding reasonable earning capacities.
Office of the Attorney General Enforcement Tools
When a parent misses payments, the Texas OAG Child Support Division steps in with aggressive collection tools. You don't have to rely solely on private legal counsel to chase delinquent funds.
Common OAG enforcement actions include:
- Employer Wage Withholding: Employers are legally mandated to deduct support directly from paychecks.
- License Suspensions: Driver, professional, hunting, and fishing licenses can be suspended after 30 days of delinquency.
- Bank Account Levies: Funds can be frozen and seized directly from personal bank accounts.
- Tax Refund Intercepts: State and federal tax refunds are diverted to pay off back child support (arrears).
- Property Liens: Liens can be placed on homes, land, or vehicles owned by the noncompliant parent.
Common Calculation and Enforcement Mistakes
Avoiding pitfalls saves months of legal friction. Parents frequently make errors that complicate their cases.
- Assuming 50/50 custody eliminates support: Equal parenting time doesn't automatically mean zero child support. Courts look at the overall financial disparity between households to ensure the child experiences a stable standard of living in both homes.
- Failing to report job losses immediately: Child support obligations do not stop automatically when you lose your job. You must file a formal motion to modify the support order. Accrued arrears continue piling up at statutory interest rates until a judge changes the order.
- Mixing up visitation and support: Withholding visitation because support is late—or stopping support because visitation is denied—violates Texas law. Both are independent court orders backed by separate enforcement mechanisms. You can review guidelines directly through the Texas Attorney General Child Support Division.
Frequently Asked Questions
Can child support orders be modified if my income drops?
Yes. You can request a modification through the OAG or a private family law attorney if a material and substantial change in circumstances occurs, such as an involuntary job loss, a substantial pay cut, or a change in custody. Changes aren't retroactive, so you must file immediately.
What happens to child support when the child turns 18?
In Texas, child support generally continues until the child turns 18 or graduates from high school, whichever happens later. If the child has a mental or physical disability, courts can order lifetime or extended support.
Does the OAG handle child custody and visitation disputes?
No. The OAG Child Support Division handles financial support, paternity establishment, and medical support enforcement. They do not legally represent parents in contested custody, visitation schedules, or property division disputes.
How are bonuses and commissions calculated into net resources?
Irregular income like bonuses, commissions, and overtime is factored into annual net resources. Courts often average these earnings over previous years or order a percentage-based withholding on any bonus received throughout the year.
