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The laws of Texas governing child custody and child support are generally contained in the Texas Family Code, available at this link (see especially Chapters 111 to 161, however note that many Chapters throughout the Family Code may applicable in different ways to all of these issues).
To fully understand Texas law, it may be necessary to read and interpret statutes with case law and regulatory law. It is also important to know if law is up to date. For these and other reasons, it is always best to consult with a qualified family law attorney to know how the law applies to your particular situation. The following legal summaries are not intended as legal advice and should not be relied on as such. They are intended only as an introduction to the way that the law functions in these areas.
Child Support in Texas
Child support is the court-ordered payment by one parent to the custodial parent of a minor child, generally after divorce or separation. The amount of child support that a non-custodial parent should pay is determined by a court using guidelines established for this purpose by the State of Texas
If a parent's net monthly income is under $7,500, then the guidelines indicate that the parent must generally the following amount of your net income each month as child support:
- • 20 percent for one child
- • 25 percent for one child
- • 30 percent for one child
- • 35 percent for one child
- • 40 percent for one child
- • Not less than 40 percent for six children
Other special rules do apply in cases of split or joint placement or multiple children in different households.
If a court determines that you should be making more money than you are making, it might set the child support amount according to your earning potential.
Although the guidelines above provide a court with a starting point in determining a child support amount, the above guidelines are not necessarily the end of the story. Although a court starts with a presumption that the above guidelines provide the correct amount of child support, a court may use its discretion to set a different child-support amount if evidence is provided that shows that it would be “in the best interests of the child” to vary from the standard child-support guidelines
This is a very important legal standard: “the best interests of the child.”
If evidence is presented to a court that shows that “the best interests of the child” would be served by varying from the standard child support guidelines, then a court has discretion to decide an “equitable” amount of child support and to use that amount to set the actual amount of periodic child support payments that must be made.
A court may look at a multitude of factors when considering “the best interests of the child” for the purpose of determining child support, including:
- (1) the age and needs of the child
- (2) the ability of the parents to contribute to the support of the child
- (3) any financial resources available for the support of the child
- (4) the amount of time of possession of and access to a child
- (5) the amount of the obligee's net resources, including the earning potential of the oblige if the actual income of the obligee is significantly less than what the obligee could earn. This could be because of intentional unemployment or underemployment
- (6) child care expenses incurred by either party in order to maintain gainful employment
- (7) whether either party has the managing conservatorship or actual physical custody of another child
- (8) the amount of alimony or spousal maintenance actually and currently being paid or received by a party
- (9) the expenses for a son or daughter for education beyond secondary school (high school)
- (10) whether the obligor or obligee has an automobile, housing, or other benefits furnished by his or her employer, another person, or a business entity
- (11) the amount of other deductions from the wage or salary income and from other compensation for personal services of the parties
- (12) provision for health care insurance and payment of uninsured medical expenses
- (13) special or extraordinary educational, health care, or other expenses of the parties or of the child
- (14) the cost of travel in order to exercise possession of and access to a child
- (15) positive or negative cash flow from any real and personal property and assets, including a business and investments
- (16) debts or debt service assumed by either party
- (17) any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents
A court may generally order one or both of a child’s parents to pay child support until one of the following occurs:
- (a) the child is 18 years of age or graduates from high school, whichever occurs later
- (b) until the child is emancipated through marriage, through removal of the disabilities of minority by court order, or by other operation of law
- (c) until the death of the child
- (d) if the child is disabled, a court may, in certain cases, order child support to be paid for an indefinite period.
Child Custody in Texas
If parents are unable to reach an agreement on their own regarding child custody, a court may determine it for them. A court can award sole custody or joint custody of a child.
The standard for granting custody in Texas (as with most states) is “the best interest of the child.” This means that a court makes its decision regarding custody based on the question of what is in the best interest of the child involved.
Texas family courts follow basic guidelines in determining what is in a child’s best interests. Factors that a court would consider include:
- • the desires of the child
- • the emotional and physical needs of the child now and in the future
- • the emotional and physical danger to the child now and in the future
- • the parenting abilities of the individuals seeking custody
- • the programs available to assist these individuals in promoting the best interest of the child
- • the plans for the child by these individuals or by the agency seeking custody
- • the stability of the home or proposed placement
- • the acts or omissions of the parent, which may indicate that the existing parent-child relationship is or is not a proper one
- • any excuse for the acts or omissions of the parent.
Child Visitation in Texas
The laws of Texas governing visitation are generally contained in Chapter 153 of the Texas Family Code, available at this link.
Under Texas law, a parent who does not have primary custody of a child will generally be allowed reasonable visitation unless a court determines that visitation would endanger the child’s physical health or significantly impair the child’s emotional development.
Under Texas law, a parent who does not have primary custody of a child will generally be allowed reasonable visitation unless a court determines that visitation would endanger the child’s physical health or significantly impair the child’s emotional development.
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