Child Support FAQs

Texas courts do not have the authority to determine which of the two parents, or if both, will provide compensation for a child’s college expenses. However, both parents may agree to allocate payment of such expenses during their divorce in a divorce decree.

Child support is determined by the income of the obligor (the parent to provide support) as well as the number of children to be supported. Example; under the Texas Child Support Guidelines, if an obligor is to support a single child, he/she would be required to pay 20% of their net disposable income. The higher the number of children to be supported, the higher the percentage of child support to be paid. The maximum net disposable income is $7,500.

However, the stipulations are not determined entirely by the Texas Child Support Guidelines. These may also come into play:

• Guidelines agreed to by both parties or ordered by the court
• Finances of both parties
• Specific needs of the child or children

Always discuss the guidelines with your attorney to ensure both parties are in agreement.

The biggest misconception about child support not going to the child is that the ex-spouse is spending it on themselves. One must take into account the utilities used to care for the child, such as food and medical care, that the ex-spouse uses child support to pay for. If you suspect the ex-spouse is using the payments on him/herself, you can consult an attorney in requesting the receipts for the expenses as proof.

During the divorce process, there are a variety of situations that can lead the court into making the decision of selecting one spouse to primary temporary custody and select the other for payments through primary child support.