Dallas Child Support Lawyer — Fighting for Fair Support for Your Child
Strategic Legal Guidance for Complex Child Support Disputes
Child support in Texas is governed by clear statutory guidelines — but applying those guidelines to real families is rarely simple. Disputes arise over what counts as income, how to handle bonuses and self-employment earnings, whether circumstances have changed enough to justify a modification, and what happens when a parent simply stops paying. The numbers matter, and getting them wrong has lasting consequences for your child.
At Clark Law Group, our Dallas child support attorneys represent parents on both sides of these disputes — those seeking fair support for their children and those making sure they are not ordered to pay more than Texas law requires. We know how Dallas-area courts approach child support, and we build cases designed to get the right outcome from the start.
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How Texas Calculates Child Support: The Formula
Texas uses a percentage-based formula to calculate child support, set out in Texas Family Code Section 154.125. The formula is applied to the paying parent’s monthly net resources, not gross income, and the percentage depends on the number of children being supported.
| Number of Children | Guideline Percentage | Max Guideline Support (at $11,700 cap) |
|---|---|---|
| 1 child | 20% | $2,340/month (max guideline) |
| 2 children | 25% | $2,925/month (max guideline) |
| 3 children | 30% | $3,510/month (max guideline) |
| 4 children | 35% | $4,095/month (max guideline) |
| 5+ children | 40% | $4,680/month (max guideline) |
These percentages apply only up to the net resources cap, which was raised to $11,700 per month effective September 1, 2025, under Texas Family Code Section 154.125. If a parent’s net resources exceed the cap, the guideline amount is presumed appropriate, but the court may order additional support based on the child’s proven needs.
When do Payments Start?
When parents separate or divorce, one of them usually assumes primary custody of the child, and that is when child support is usually initiated.
How Long Do Payments Last?
The child support payments in Texas usually end at the age of 18, unless it is prolonged till graduation from high school, when the graduation occurs later.
What If Public Assistance Is Involved?
In case a family is collecting public assistance, the county can intervene and decide whether child support is needed.
Can Support Be Extended?
Delayed payments are also allowed in case a child is disabled and needs care even after they are adults.
When Can Support End Early?
The support can also be dismissed when the child marries, joins the military, or is emancipated legally before the age of 18.
Why Legal Guidance Matters
A highly skilled child support attorney will give you peace of mind by making sure your order reflects the laws of the state and that it can adapt to changes in your life.
What Counts as Income (and What Doesn’t)
One of the most contested issues in Texas child support cases is defining net resources. The formula is only as accurate as the income figure it is applied to, and both overstatement and understatement of income are common points of dispute.
What Is Included in Net Resources
Texas law casts a wide net. Net resources include virtually all income sources before deductions, including:
- Wages, salary, overtime, tips and bonuses
- Commissions and self-employment income
- Rental income and trust income
- Interest and dividends
- Retirement and pension income
- Severance pay and unemployment benefits
- Social Security benefits (non-supplemental)
- Most VA disability benefits
Allowed Deductions
From that gross figure, Texas law allows only specific deductions to arrive at net resources:
- Federal income tax (calculated as a single filer with one exemption)
- Social Security and Medicare taxes (FICA)
- Health and dental insurance premiums for the child
- Union dues
- Non-discretionary retirement contributions (if not paying into Social Security)
Notably, a new spouse’s income is never included, and personal expenses do not reduce net resources. For self-employed parents, courts scrutinize business deductions carefully; personal expenses passed through a business may be added back to income.
Medical Support and Additional Expenses
Base child support is not the only financial obligation Texas courts impose. Under Texas Family Code Section 154.182, courts are required to order one or both parents to provide health insurance for the child when it is available at a reasonable cost — typically meaning it is available through an employer’s group plan. The cost of the child’s insurance premium is factored into the support calculation; paying parents who carry the child’s insurance may see a deduction from their net resources.
Courts also address uninsured medical expenses, such as copays, deductibles, prescriptions and costs for services not covered by insurance. These are typically split between the parents in proportion to their relative incomes. Childcare expenses necessary for a parent to work may also be factored into the total support obligation.
When Courts Deviate from the Guidelines
The Texas guidelines create a presumption, not a mandate. Under Texas Family Code Section 154.123, a court may deviate upward or downward if applying the formula would be unjust or inappropriate given the circumstances. Factors that can support a deviation include:
- Special needs of the child: Significant medical, educational, or therapeutic expenses beyond what the base formula covers.
- Extraordinary expenses: Private school tuition, specialized therapy, or other costs agreed upon or ordered by the court.
- Possession and access: If a parent has significantly more than the standard possession time, the court may adjust support accordingly.
- Intentional underemployment: If a parent is voluntarily earning less than their capacity, quitting a high-paying job, working part-time without justification, courts can base support on imputed income reflecting what the parent is capable of earning.
- Children in multiple households: If the paying parent has child support obligations for children from other relationships, Texas applies an adjusted percentage calculation to prevent undue financial hardship.
Deviations require specific findings by the court and are more difficult to obtain than many parents expect. An experienced attorney can assess whether your situation supports a deviation argument and build the evidence to support it.
High-Income Cases: When Earnings Exceed the Cap
When a parent’s net monthly resources exceed $11,700, the guideline formula applies only to the first $11,700. Above that threshold, courts may order additional support, but only based on the proven needs of the child, not simply because the parent earns more. This creates significant room for advocacy on both sides.
For the receiving parent, establishing the child’s actual expenses (private school, extracurricular activities, travel, medical needs, and a standard of living consistent with the paying parent’s income) is the key to obtaining above-guideline support. For the paying parent, the burden falls on the other side to demonstrate those needs.
The Texas AG’s Office: What It Can and Can’t Do
Many Dallas parents rely on the Texas Office of the Attorney General’s Child Support Division to establish, modify or enforce child support — and the OAG provides valuable free services, particularly for lower-income families. But there is a critical distinction most parents don’t realize until it matters: the OAG does not represent you.
The OAG represents the State of Texas. Its interest is in ensuring children do not become dependent on public assistance, not in maximizing your recovery or minimizing your obligation. In practice, this means:
- No legal advice: OAG caseworkers can explain procedures but cannot advise you on strategy or advocate for your specific interests.
- No custody or visitation help: The OAG handles child support only. If support and custody are intertwined, as they often are, the OAG cannot address the custody side.
- High caseloads and slow timelines: The OAG manages an enormous volume of cases. Enforcement actions through the OAG can take considerably longer than a private attorney filing directly.
- No negotiation on your behalf: The OAG will not negotiate with the other parent’s attorney on your behalf or correspond directly with you if the other parent is represented by private counsel.
A private attorney works exclusively for you, advocating for your specific outcome, moving at your pace, and handling the full range of issues in your case. If your situation involves disputed income, a self-employed co-parent, above-guideline support, or an enforcement action that has stalled, private representation is almost always the more effective path.
Modifying Child Support
Child support orders are not permanent. Texas law allows either parent to seek a modification when either of two conditions is met: (1) there has been a material and substantial change in circumstances since the last order, or (2) it has been at least three years since the order was established or last modified and the current amount differs from the guideline amount by at least 20% or $100 per month.
What Qualifies as a Material and Substantial Change?
- Significant change in income: A job loss, major promotion, or change in employment for either parent.
- Change in the child’s needs: New medical diagnosis, change in insurance coverage, or significant change in expenses.
- Change in custody or possession: If the amount of time a parent has with the child changes significantly, support may need to be recalculated.
- The cap increase: The September 2025 increase in the net resources cap from $9,200 to $11,700 may itself qualify as grounds for a modification if the paying parent’s income is affected by the change.
Modifications are not automatic — they require a court filing and a judge’s approval. Paying less than what the current order requires, even by agreement with the other parent, is not legally effective and creates arrears. If circumstances have changed, the right move is to file for a formal modification immediately.
When a Parent Stops Paying: Enforcing Child Support
Texas takes non-payment of child support seriously, and the enforcement tools available are substantial. If your co-parent has fallen behind on payments, you do not have to wait, and waiting typically makes collection harder, not easier.
Enforcement tools in Texas include:
- Wage withholding: Income withholding orders are standard in virtually all Texas child support cases and automatically deduct support from the paying parent’s paycheck.
- License suspension: Driver’s licenses, professional licenses, and occupational certifications can all be suspended for non-payment.
- Contempt of court: A parent who willfully violates a support order can be held in contempt, facing fines and up to six months in jail per violation.
- Liens and asset seizure: Liens can be placed on real property, bank accounts, retirement accounts, and other assets.
- Tax refund intercept: The OAG can intercept state and federal tax refunds for parents with arrears.
- Credit reporting: Unpaid support can be reported to credit bureaus, affecting the non-paying parent’s credit.
If you hire a private attorney to enforce a child support order and you prevail, Texas law typically requires the non-paying parent to cover your attorney’s fees, meaning enforcement often pays for itself. Interest on unpaid support accrues at 6% annually.
How Long Does Child Support Last?
In Texas, child support continues until the child turns 18 and has graduated from high school — both conditions must be met. If a child turns 18 before graduating, support continues through graduation. If a child graduates before turning 18, support continues until their 18th birthday.
Support ends early if the child marries, joins the military, or is legally emancipated before age 18. Support may be extended indefinitely when a child has a disability that requires ongoing care into adulthood; the court evaluates the nature and severity of the disability and the child’s long-term needs.
Why Choose Clark Law Group?
Child support disputes look simple on paper — a formula, a percentage, a number. In practice, they involve contested income figures, disputed expenses, enforcement battles, and modifications that require you to know not just what the law says but how to apply it effectively in a Dallas courtroom.
- Accurate Income Analysis: We know how to uncover and properly document all sources of income, including self-employment earnings, variable compensation, bonuses, and business distributions that paying parents sometimes underreport.
- Strategic Advocacy Above and Below the Cap: Whether you are seeking above-guideline support for a high earner or defending against an inflated calculation, we know how to build the case.
- Fast, Effective Enforcement: We move faster than the OAG and work exclusively for you, not the state.
- Modification Expertise: We help parents navigate both the timing and the substance of modification requests, including cases involving the new 2025 cap change.
- Integrated Family Law: Child support rarely exists in isolation. When your case also involves custody, visitation or enforcement of other orders, we handle all of it.
Common Questions About Child Support in Texas
How is child support calculated in Texas?
Texas applies a percentage of the paying parent’s monthly net resources based on the number of children: 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more. Net resources are gross income minus specific deductions including taxes, FICA, and the child’s health insurance premiums. The formula applies only up to the net resources cap of $11,700 per month (as of September 1, 2025).
What counts as income for child support in Texas?
Nearly everything — wages, salary, overtime, bonuses, commissions, self-employment income, rental income, retirement benefits, interest and dividends, Social Security benefits, and most other income sources. A new spouse’s income is excluded, and only specific deductions are allowed.
Can child support be modified if my income changes?
Yes. A significant change in either parent’s income qualifies as a material and substantial change in circumstances, which is grounds for modification. You can also seek a modification if it has been at least three years since the last order and the current amount differs from the guidelines by 20% or $100 per month. You must file for a formal court modification — an informal agreement to pay less creates arrears.
What happens if the other parent stops paying child support?
Enforcement tools in Texas include wage withholding, license suspension, contempt of court (up to six months in jail per violation), liens on property and bank accounts, and tax refund intercepts. If you hire a private attorney and prevail, the non-paying parent is typically ordered to pay your attorney’s fees.
Does the AG’s office represent me in a child support case?
No. The Texas AG’s Child Support Division represents the State of Texas, not you. They will work to establish or enforce a support order, but they cannot give you legal advice, negotiate on your behalf, or handle custody and visitation issues that may be connected to your support dispute.
Can a parent pay less child support if they have 50/50 custody?
Not automatically. Texas does not use a pure income-shares model that reduces support based on equal parenting time. Under a 50/50 arrangement, the court considers both parents’ incomes and typically orders the higher earner to pay some support to the lower earner, though the amount may be adjusted based on the circumstances.
What if the paying parent is self-employed or has irregular income?
Self-employment income and variable income are treated as net resources under Texas law, including business earnings, distributions, and irregular payments. Courts look at historical income patterns and may impute income if a parent appears to be underreporting. Personal expenses run through a business may be added back to income.
Can child support go above the guideline amount?
Yes. When a parent’s net resources exceed $11,700 per month, the guideline amount is presumed appropriate, but a court may order additional support based on the child’s proven needs. The receiving parent must present evidence of the child’s actual expenses — private school, extracurricular activities, medical needs, and lifestyle consistent with the paying parent’s income — to justify an above-guideline award.
When does child support end in Texas?
Child support ends when the child turns 18 and graduates from high school — both conditions must be met. It ends earlier if the child marries, joins the military, or is legally emancipated. It may continue indefinitely for a child with a disability requiring ongoing care into adulthood.
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Whether you are establishing a new child support order, fighting an unfair calculation, seeking a modification, or trying to collect payments that have stopped, Clark Law Group is ready to help.
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