How income is actually paid
W-2 wages are straightforward. Commission, per diem, overtime, tips and owner draws require averaging, usually over the trailing twelve months.
Practice area
Child support
Guideline support under chapter 154, medical and dental support, arrears and enforcement.
What the law actually says
Texas calculates child support from the obligor's net resources, not gross pay and not household income. Net resources means all wage and salary income, self-employment income, rental income, interest, dividends, severance, retirement benefits and most other receipts, minus social security taxes, federal income tax for a single person claiming one exemption, state income tax, union dues and the child's health and dental insurance premiums.
Guideline support is then a percentage of the first tranche of monthly net resources: 20 percent for one child, 25 for two, 30 for three, 35 for four and 40 for five, with not less than 40 percent for six or more. When the obligor has children in another household, a reduced multiple-family table applies.
The percentage applies only up to a statutory cap on monthly net resources, which the Office of the Attorney General adjusts for inflation every six years. Above the cap the court may order more only on proof of the proven needs of the child. Below the cap, guideline support is presumed to be in the child's best interest, and a court that varies from it must make specific findings.
Governed principally by Tex. Fam. Code ch. 154
What we handle in this area
- Establishing guideline support in a divorce or an original SAPCR
- Above-cap cases and proven-needs evidence for high earners
- Self-employed and cash-business obligors where income must be reconstructed
- Medical support, dental support and uninsured expense allocation
- Enforcement by motion for contempt, judgment for arrears and income withholding
- Wage withholding orders and defending against wrongful withholding
- Intentional underemployment claims and earning-capacity evidence
- Terminating support at graduation and support for a disabled adult child
How the case runs
Durations below are what we typically see on the El Paso County family docket. They are not statutory guarantees, and a case with a contested issue can sit outside them entirely.
- Week 1 to 6
Financial information exchange
Rule 194 disclosures, two years of returns, and the last three months of pay records.
- Week 2 to 6
Net resources calculation
We convert gross figures into the statutory net resources number and check every allowable deduction.
- Week 3 to 6
Temporary support order
The court orders interim support so the household is not left without money while the case runs.
- Month 2 to 6
Challenge or agreement
If income is disputed we take a deposition, subpoena bank records or retain a forensic accountant.
- At final
Final order and withholding
The decree sets support, and an income withholding order goes to the employer. Payments route through the state disbursement unit.
What drives the cost and the timeline
Who carries the insurance
The child's health and dental premiums are deducted from net resources and separately ordered as medical and dental support.
Other children
Children in another household reduce the applicable percentage under the multiple-family table. You must prove the duty, not just assert it.
Extended possession
Texas does not reduce guideline support for a 50/50 schedule automatically, although parties frequently agree to an offset. Courts vary in how readily they approve one.
Daniel found four years of income my ex had not reported. The support number changed by a lot, and he showed me exactly how he got there.
Questions we get about child support
Guideline support looks at the obligor's net resources only. The receiving parent's income is not part of the guideline formula, although it can be relevant to a request to vary from guideline or in an above-cap proven-needs analysis.
Ordinarily when the child turns eighteen or graduates from high school, whichever is later, provided the child is enrolled and complying with attendance requirements. Support for a child who is disabled and unable to support themselves can be ordered indefinitely under section 154.302.
The court may apply earning capacity instead of actual earnings if it finds intentional unemployment or underemployment. Evidence usually includes work history, qualifications, local wage data and the timing of the job change.
You can agree to an amount below guideline, but the court must find the variance is in the child's best interest and make findings. An agreement to zero support is rarely approved and can be modified later regardless.
No. Child support arrears are not dischargeable in bankruptcy, accrue six percent simple interest per year, and a confirmed arrearage judgment can be enforced long after the child is grown.