The divorce of two parties who have children together is often an emotionally difficult time for all involved. One of the most important things in divorces with children is determining who should pay for child support and the amount they should pay. The same is true for unmarried couples with a child or children.

In other states, in cases wherein the divorcing parties are on amicable terms, it is possible to agree on child support details without getting the court involved. A child support attorney can help draw up an agreement, review it to make sure all aspects of support are included and file it.

In Texas, however, the court typically decides the amount of child support according to some general legal guidelines. Typically, it is based on the income of the parent who is ordered to pay child support.

Who Pays Child Support in Texas?

Texas law factors in physical custody when deciding which parent should be the "obligor" or the one to pay child support. This means that noncustodial parents are nearly always the ones who are required to make child support payments.

However, this doesn't mean that the other parent, or the "obligee," is free from financial responsibility toward the child. The court assumes that the obligee directly supports the child living with them by covering the costs of their basic needs. The obligor then compensates or reimburses the obligee for their share of these costs.

The Texas Child Support Guidelines

All Texas courts are required to refer to the state's Child Support Guidelines when determining the amount of child support. According to these guidelines, child support amounts are based on the monthly net resources of the obligor—their monthly income minus:

• Social Security, Federal income and State income taxes
• Union dues (if being withheld)
• Health insurance costs for the child or children (if being withheld)
• Other court-ordered medical expenses for the child

Meanwhile, gross income includes:

• Wages, salary, overtime pay, tips and commissions
• Income from self-employment
• Unemployment, retirement, veterans' and disability benefits
• Workers' compensation awards
• Severance pay

You can use the free child support calculator on the Attorney General of Texas website, but remember that this calculator only provides an estimate for a single source of income. Note also that the actual amount the court requires may be different. A child support attorney can help you calculate an estimate if you have multiple sources of income.

Once the monthly net resources have been established, the court will refer to these guideline calculations to determine the amount. It is based on a percentage of the obligor's monthly net resources and the number of children they have.

• One child: 20 percent
• Two children: 25 percent
• Three children: 30 percent
• Four children: 35 percent
• Five children: 40 percent
• More than five children: Not less than the amount for five children

For example, an obligor's monthly net resources are $4,000, and they have one child. The court may order them to pay $800 monthly in child support.

Child Support Guidelines for Low-Income Parents

If the obligor has $1000 or less in monthly net resources, the court will order a lower percentage of child support.

• One child: 15 percent
• Two children: 20 percent
• Three children: 25 percent
• Four children: 30 percent
• Five children: 35 percent
• More than five children: Not less than the amount for five children

For example, the obligor has three children and monthly net resources amounting to $900. The court may order them to pay $225 in child support.

Reducing Child Support Payment Amounts in Texas

You may request a reduction in your child support payments if one or both of the following is true:

The current child custody order has been in effect for at least three years, and the amount stipulated in this order varies by either $100 or 20 percent from the amount prescribed by the state's child support guidelines.

Your circumstances have changed materially or substantially since the child support order was set.

Some examples of a "material or substantial change" are:

• You got laid off from your job, and your income has decreased
• You have other children from another relationship for whom you also need to cover the costs of care
• The medical insurance coverage of your child or children has changed

You can only request to change a child support order through either the Child Support Review Process (CSRP) or a court hearing.

Applying for child support modification is challenging, time-consuming and, to a lay person, often confusing. For this reason, it's important to seek the advice of a child support lawyer if you intend to ask for your child support payment amount to be decreased. If your application is rejected, a child support lawyer will also be able to help you with contesting the decision and requesting another review.

Consult a Trusted Child Support Attorney

The goal of the court aligns with that of most parents: that despite the challenges of divorce or separation, the child or children should have the resources available to ensure their best interests. The purpose of child support is to ensure that a child will have all their basic needs met.

However, there are cases wherein child support payments are not enough to cover the costs of caring for and raising a child. In other cases, the amount is too high for the obligor to pay due to changes in employment or other life circumstances.

If you are in either of these situations and want to request a modification of the child support agreement, reach out to John C. Mallios & Associates. For more than 40 years, our firm has provided the Dallas-Fort Worth area with top-notch legal services. We represent clients in cases involving all aspects of child support, including modification of custody and enforcement of orders. Contact us today for a free consultation.