What Counts As “Net Resources”?

Net resources include most types of income, such as:

• Wages and salaries

• Self-employment income

• Commissions and bonuses

• Rental income

• Royalties and dividends

• Retirement benefits

• Certain Social Security income

However, not all income is included. For example, means-tested public benefits like TANF or SSI are excluded.

In calculating net resources, the court will subtract certain items, including:

• Social Security and Medicare taxes

• Federal income tax (based on the tax rate for a single person claiming one personal exemption and standard deduction)

• Union dues

• Health insurance costs for the child

When The Guidelines Don’t Fit: Deviating From The Standard Formula

While the guidelines are presumed to be in the best interests of the child, courts can deviate from them when appropriate. Common reasons for deviation include:

• The child has special needs (medical, educational, or psychological)

• One parent has other children to support from different relationships

• The paying parent has extraordinary income or assets

• The parents share possession nearly 50/50

• Travel expenses related to visitation are significant

• The child has extraordinary expenses (e.g., private school, tutoring, or extracurriculars)

Whether you’re seeking to increase, decrease, or challenge the guideline amount, you must present a compelling argument supported by evidence. The court must state the reasons for any deviation in the final order. That’s where a skilled Texas child support attorney becomes essential.

Establishing Child Support In Texas

If you are divorcing or separating from the other parent of your child, it’s crucial to establish a formal support order—especially if you are the custodial parent. Without a court order, even if the other parent agrees to help financially, enforcement is difficult and inconsistent.

We help clients:

• File for original support orders during divorce or custody cases

• Respond to support claims filed by the other parent

• Ensure that income is accurately disclosed

• Protect your interests in negotiation or court

We also assist unmarried parents with establishing paternity, which is necessary before a child support order can be enforced against a father.

Modifying A Child Support Order

Circumstances change—jobs are lost or gained, children grow older, and parents remarry or relocate. When these changes are substantial, you may be entitled to a modification of your child support order.

Under Texas law, you may seek a modification if:

1. It has been three years since the current order was established or last modified, and

2. The amount of support that would be ordered under current guidelines differs by at least 20% or $100, or

3. There has been a material and substantial change in circumstances, such as:

• A change in the paying parent’s income

• A change in the child’s needs (e.g., health or education)

• A change in custody or visitation arrangements

We’ll help you evaluate whether you meet the criteria, gather the necessary documentation, and represent your interests in the modification hearing.

Enforcing Child Support In Texas

If the other parent is not paying support as ordered, you have the right to enforce the court’s decision. Child support is not optional, and failure to pay can result in serious consequences, including:

• Wage garnishment

• Seizure of tax refunds or bank accounts

• Driver’s license suspension

• Credit damage

• Jail time for contempt of court

We help custodial parents enforce unpaid support through the courts and the Texas Attorney General’s Office. Our attorneys can file a Motion for Enforcement, present evidence, and pursue aggressive legal action to hold the non-paying parent accountable.

If you’re on the other side of the issue and are facing enforcement proceedings, we can also represent you and help you resolve the matter, avoid penalties, and request modifications if appropriate.

What If You’ve Lost Your Job Or Can’t Afford Payments?

If you’re experiencing financial hardship, don’t ignore your child support obligations. Unlike other debts, child support doesn’t go away—even in bankruptcy. But you can seek relief by requesting a temporary or permanent modification based on your current income.

Until the court modifies the order, your current payment remains in effect, and arrears (back child support) will continue to accumulate with interest. The sooner you act, the better.