Child Support Basics: Understanding How Payments Are Calculated and Enforced

The Attorney General of Texas explains that child support may be ordered for the non-custodial parent in Texas. It is crucial that parents who (allegedly) owe child support understand their rights and their options. At Thornton Esquire Law Group, PLLC, we are leaders in family law. Here, our Houston child support attorney provides a guide to how child support payments are calculated and enforced in Texas. 

An Overview of How Child Support Is Calculated in Texas

Every state has its own child support laws. If you are a parent in any of the following counties: Harris, Brazoria, Fort Bend, Montgomery, or Galveston, it is imperative that you understand how Texas law handles child support. The calculation starts with the noncustodial parent’s “net resources.” The term net resources is comprehensive; it includes wages, salary, commissions, bonuses, self-employment income, and even certain benefits like unemployment benefits or workers’ comp benefits. In Texas, courts deduct allowable items (such as federal income tax, Social Security contributions, and health insurance premiums for the child) before arriving at the final figure.

From there, Texas law applies a percentage to that number depending on the number of children being supported. For one child, it is 20% of net resources. For two children, it is 25% of net resources. For three children, the number is 30% of net resources. The percentage increases up to 40% for five or more children, where it maxes out on a statutory basis. With that being said, these are just the child support guidelines. Judges in Texas have discretion to adjust these amounts if the standard calculation would be unfair. For example, when the paying parent has large medical expenses or when the child has extraordinary needs, a deviation may be required. 

Unique Provision of Texas Law: The Texas Family Code sets a maximum “cap” on monthly net resources used for support calculations. That is not true for most other states. It is adjusted periodically for inflation. As of 2025, that cap is over $11,700 per month. If your income is higher than the cap, the guidelines generally apply only up to the capped amount. Still, courts may order additional support if evidence shows that the child’s proven needs exceed what the guideline amount covers. However, the other parent would have to prove that additional child support is truly warranted given the circumstances. 

What to Know About Child Support Enforcement in Texas

Child support is not optional. If child support is not paid as ordered, Texas has some of the strongest enforcement tools in the nation for custodial parents. A key thing that non-custodial parents should understand is that the Office of the Attorney General (OAG) leads most enforcement cases for back-due child support. The office can pursue unpaid support aggressively even if you believe you do not actually owe the amount claimed. The OAG has a number of enforcement tools available, including:  

• The use of income withholding by sending an order directly to your employer; 
• An intercept federal tax refunds, lottery winnings, and certain government benefits; 
• A levy on a bank account or a seizure of assets; and
• The suspension of your Texas driver’s license and/or Texas professional licenses.

In serious cases, Texas law allows for contempt of court proceedings. A parent found in contempt for failing to pay support can face jail time and fines. Even so, the law recognizes that sometimes nonpayment happens because of unemployment, illness, or financial hardship. Judges have discretion to consider these factors. Contempt is generally only for non-custodial parents who are unwilling to pay or uncooperative with the process, not those who cannot pay. 

Note: Many parents in Texas are surprised to learn that enforcement does not stop even if you have informal agreements with the other parent. Only a court order can change your obligation. For that reason, if you cannot pay as ordered, it is crucial to request a formal modification. An experienced Houston child support attorney can help. 

How to Protect Yourself if You (Allegedly) Owe Child Support

Are you (allegedly) delinquent on your child support? You need to take a proactive approach to protect your rights and your interests. Here are four steps that you should take now: 

1. Review the Child Support Order: To start, you should read through the child support order in detail. Many alleged arrears arise from misunderstandings, clerical errors, or payments that were made but not credited
2. Request an Accounting from the OAG: You have the right to see the official record of what the state believes you owe. This “child support account statement” can help you spot mistakes. If payments were missed due to job loss or medical emergencies, make sure that the issue is documented. 
3. Never Ignore Official Enforcement Action: Do not avoid the issue. Letters, court notices, and wage garnishment orders will not go away on their own. You should respond promptly and attend all hearings. Courts are far more willing to work with a parent who shows up prepared than with one who tries to avoid their responsibility.
4. Seek a Modification if Your Circumstances Changed: If your income has dropped significantly, or if you are supporting other children, you may qualify for a reduction in your support order. Texas courts allow modifications when there has been a material and substantial change in circumstances. A Houston child support attorney can help. 

Why Rely on Our Houston Child Support Attorney

Child support cases can be complicated. If you are facing potential enforcement action in Texas for overdue child support, it is imperative that you seek professional guidance and support. At Thornton Esquire Law Group, PLLC, we are well-versed in family law in Texas, including child support cases. No matter your situation, our family law team is here to help you find the best path forward. Contact us at our Houston office today for a completely confidential initial consultation. 

Contact Our Houston, TX Child Support Lawyer Today

At Thornton Esquire Law Group, PLLC, our child support attorney puts the needs and interests of clients first. If you have any questions about the calculation or enforcement of child support, we can help. Call us at (888) 378-1784 or contact us online to arrange your completely confidential consultation. With an office in Houston, we handle family law cases across Southeast Texas, including in Harris County, Montgomery County, Fort Bend County, and Galveston County.