When you decide to have children, you are financially responsible for them until they are 18 years old.

Under Texas Family Code § 154.001 et seq., the court can order one or both parents to provide child support. Texas has a formula for calculating child support for the non-custodial parent:

  • One child is 20 percent of a parent’s income
  • Two children are 25 percent of a parent’s income
  • Three children are 30 percent of a parent’s income
  • Four children are 35 percent of a parent’s income
  • Five or more children are 40 percent of a parent’s income

Child support is a parental duty whether you are married or not if you lose your job or feel that you aren’t making a suitable income as a single parent.

What if I Make Minimum Wage?

The custodial parent has a right to pursue child support if they are the primary residents and responsible for the children’s education, everyday essentials, and more. You are still responsible for your children’s financial well-being if you are between jobs or make minimum wage.

The current minimum wage in Texas is $7.25 per hour. Under Texas law, a lower percentage of child support will be withheld based on your finances, including:

  • One child is 15 percent of a parent’s net income
  • Two children are 20 percent of a parent’s net income
  • Three children are 25 percent of a parent’s net income
  • Four children are 30 percent of a parent’s net income
  • Five children are 35 percent of a parent’s net income

What is Intentional Underemployment (IU)?

Some parents try to mask or hide how much money they make to “get out of” child support payments. It is not wise to try and outsmart the court as you will be investigated for any bad faith decisions.

When a parent becomes unemployed—or is underemployed intentionally—Texas Family Code, section 154.066(a), states that if a parent earns significantly less than what they could make, the court might enforce the guidelines based on earning potential rather than current financial circumstances.

Voluntarily extending unemployment, delaying a job search, or similar activities can raise a red flag. The judge can force a child support obligation when you are unemployed or underemployed.

If We Share Custody of Our Kids, Do I Have to Pay Child Support?

Shared custody in Texas does not mean shared households or 50/50 living arrangements. When two parents share custody and visitation of their children, there is still a custodial and non-custodial parent. The non-custodial parent can share in equal parenting time, though it does not hold the “primary” residence.

The non-custodial parent will pay the custodial parent child support.

A resolution must be reached to ensure your children are financially taken care of. Contact our attorneys to review your custody arrangement and payment schedule if you are involved in a child custody agreement. Use our initial consultation and call: (254) 323-5506.