Austin Child Support Lawyer

Written by Eric M. Willie, Austin family law attorney since 1998 · Legal content reviewed October 20, 2026

How Texas Calculates Child Support

Texas uses a percentage-of-income model based on the paying parent's net monthly resources. The percentages are: 1 child — 20%. 2 children — 25%. 3 children — 30%. 4 children — 35%. 5 or more — at least 40%. These percentages apply to net resources, which include salary, wages, commissions, overtime, tips, bonuses, self-employment income, interest, dividends, rental income, retirement and pension income, and trust income.

Deductions from gross income include federal income tax, Social Security tax, state income tax (if applicable), union dues, and health insurance premiums for the child. The current income cap is $11,700 per month in net resources (effective September 1, 2025; the Texas Attorney General adjusts it every six years). For parents earning above this cap, additional support may be ordered based on the child's proven needs — see our high net worth divorce page.

Child Support Calculation Examples

Example 1: Parent earns $6,000/month net with 1 child. Support = $6,000 × 20% = $1,200/month. Example 2: Parent earns $11,700/month net (at the cap) with 2 children. Support = $11,700 × 25% = $2,925/month. Example 3: Parent earns $15,000/month net with 1 child. Guideline support at cap = $11,700 × 20% = $2,340/month — but the court may order additional support above guidelines based on the child's proven needs (private school, medical expenses, extracurriculars).

These calculations assume one family. If the paying parent has children from another relationship, the percentages are adjusted downward. Eric calculates your specific support obligation or entitlement during your consultation.

Medical and Dental Child Support

In addition to monthly cash support, Texas requires one or both parents to provide health insurance for the child. The court determines which parent provides insurance based on cost and availability. If insurance is not available at a reasonable cost, the court may order a cash medical support obligation — currently capped at 9% of the obligor's annual resources.

Uninsured medical expenses — copays, deductibles, prescriptions, dental work, vision, therapy — are typically split between parents in proportion to their incomes or 50/50. These expenses are in addition to the monthly support amount.

Child Support Modification in Austin

Support orders can be modified when there is a material and substantial change in circumstances — job loss, significant income increase or decrease, the child's needs change, or a parent gains additional dependents. Modification is also available if the existing order has been in effect for 3 or more years and the current amount differs by 20% or $100 from what guidelines would produce today.

Eric evaluates whether your circumstances meet the legal standard for modification before filing. This saves you the cost of a petition that a court would deny. See our modification page for details on the modification process.

Child Support Enforcement in Travis County

When a parent fails to pay court-ordered support, enforcement options include: contempt of court (fines and up to 180 days in jail per violation); wage withholding (garnishment directly from the employer); suspension of driver's license, professional licenses, and recreational licenses; passport denial for arrearages over $2,500; liens on property and bank accounts; credit reporting; and intercepting tax refunds.

The Texas Attorney General's Office also provides child support enforcement services. However, AG cases handle high volumes with limited individual attention. A private attorney can give your case individual attention and move it forward on your timeline rather than the agency's.

How Much Does a Child Support Lawyer Cost?

Establishing initial child support as part of divorce: typically included in divorce attorney fees. Standalone child support establishment: $2,000 to $5,000. Modification petition: $2,000 to $5,000. Enforcement action: $3,000 to $10,000 depending on complexity. Eric offers a consultation to assess your case.

Self-Employment and Hidden Income Issues

When the paying parent is self-employed or owns a business, determining true income is the most contested issue. Self-employed parents may deduct personal expenses through the business, pay themselves below market rate, defer income, or report cash revenue inconsistently. Texas courts can 'impute' income — assigning earning capacity based on education, experience, and work history rather than reported income.

Eric works with forensic accountants to analyze business financials, tax returns, bank deposits, and lifestyle indicators to uncover the true income available for support. When the other parent's reported income does not match their lifestyle, forensic analysis often reveals the real numbers. See our high net worth divorce page for more on business income analysis.

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