Fort Worth Child Support Lawyers

Frequently Asked Questions

Are There Different Types of Child Support Payments?

Child support payments don’t always look the same. Depending on the circumstances and the court’s order, support may be structured as periodic payments, a lump-sum payment, or an annuity purchase. Orders may also address medical and dental support.

Support may involve the setting aside of property to be administered for the child's support as specified in the court order. Depending on the order, a designated person or entity may manage the asset for the child's benefit.

How Does Texas Determine Child Support?

Texas generally begins with presumptive guidelines based on the monthly net resources of the obligor, which means the parent ordered to pay support. The obligee is the parent entitled to receive support under the order. Net resources may require analysis of wages, self-employment income, benefits, permitted deductions, and other legal support obligations. 

For monthly net resources of at least $1,000, the guideline percentages are:

• One child: 20%
• Two children: 25%
• Three children: 30%
• Four children: 35%
• Five children: 40%
• Six or more children: Not less than the amount for five children

Texas provides lower percentages when an obligor’s monthly net resources are below $1,000. The Texas Office of the Attorney General calculator currently applies the standard guideline calculation to monthly net resources up to $11,700 and doesn’t calculate support above that amount. Statutory thresholds can change, so the figure applicable to a particular case should be verified.

These percentages don’t automatically determine the final award. A court may consider the child’s age and needs, each parent’s ability to contribute, available financial resources, possession time, income and earning potential, and other statutory factors. The court may also consider travel costs, higher education expenses, and any spousal maintenance already being paid.

Can Child Support Orders Be Modified?

A Texas child support order may be modified after a material and substantial change in circumstances. Another common basis applies when at least three years have passed since the order or last modification and the guideline amount differs from the current order by at least 20% or $100.

Changes that may support a review include:

• A significant increase or decrease in the noncustodial parent’s income.
• A new legal responsibility to support additional children.
• A change in medical insurance coverage.
• A child beginning to live with a different parent.
• A child becoming eligible for disability benefits.

A financial change, agency contact, or informal agreement between parents doesn’t change the amount due under an existing order. Only a new court order modifies the legal obligation. Past-due support and the current monthly amount are separate issues and may require different legal analysis.

Are There Ways to Enforce Child Support Orders?

Texas has strong enforcement tools available, including income withholding, license suspension, tax-refund interception, and contempt proceedings. The remedy pursued, and the possible result, depend on the existing order, payment history, amount of alleged arrears, notice, evidence, and available defenses.

A parent seeking enforcement generally needs documentation showing what the order required and what was paid. A parent responding to enforcement may need to examine payment records, income information, the calculation of alleged arrears, and the precise terms of the order. Changed circumstances alone don’t erase unpaid amounts or replace the need to seek court approval for a modification.

Our child support attorneys in Fort Worth can review the order, financial records, and enforcement or modification issues affecting your case. Call (817) 623-0129 or contact us to request a free consultation in person or virtually.