Every child has the right to financial support from both parents. Whether you are establishing a child support order for the first time, dealing with a parent who is not paying what the court ordered, or seeking to modify an existing order that no longer reflects your circumstances, the Law Office of Ryan Putz is here to help. Ryan Putz represents parents in child support matters throughout Walker and Montgomery County, practicing regularly in the Family District Courts in Huntsville and Conroe.
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Texas child support law is detailed and formula-driven — but applying it correctly requires knowing when the guidelines apply, when deviations are warranted, how income is properly calculated, and how to enforce an order that is being ignored. We provide experienced guidance at every stage of the child support process, from establishing an initial order to pursuing enforcement when payments stop.
How Child Support Is Calculated in Texas
How Texas Calculates Child Support
Texas uses a percentage-of-income model for calculating child support. The obligor parent's net monthly resources are multiplied by a guideline percentage that depends on the number of children before the court. This formula is set by Texas Family Code §§ 154.125–154.128 and applies to all child support orders in the Texas Family Courts:
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1 child — 20% of net monthly resources
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2 children — 25%
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3 children — 30%
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4 children — 35%
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5 or more children — 40%​
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Courts may deviate from these guidelines when special circumstances exist, such as a child's extraordinary medical needs, educational expenses, or when one parent earns a very high income.
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What Counts as Net Monthly Resources?
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"Net monthly resources" is not simply take-home pay. Texas Family Code § 154.062 defines net resources as gross income from all sources, minus specific allowable deductions. Understanding what is included — and what can be deducted — is critical to calculating an accurate support obligation.
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Income Sources Included in Gross Resources
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Wages, salary, commissions, overtime pay, and tips
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Self-employment income (net profit after allowable business expenses)
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Bonuses and incentive pay
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Rental income
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Dividends, royalties, and interest income
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Pension and retirement income, including military retirement pay
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Trust income and annuities
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Social Security and disability benefits (with limited exceptions)
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Unemployment benefits and workers' compensation
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Severance pay
Allowable Deductions to Arrive at Net Resources
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Federal income taxes (based on the tax rate for a single claiming one exemption)
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State and local income taxes
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Social Security taxes (FICA)
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Medicare taxes
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Union dues
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Cost of health insurance coverage for the child
Non-discretionary retirement contributions (such as mandatory pension contributions) may also be considered in some circumstances. Voluntary retirement contributions, however, do not reduce net resources for child support purposes — an important distinction for parents who are maximizing 401(k) deferrals.​
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When the Court Can Deviate From the Guideline Amount
The guideline percentage is the starting point — not an absolute requirement. Texas Family Code § 154.123 authorizes the court to deviate from the guideline amount when the evidence shows that applying the guidelines would be unjust or inappropriate under the circumstances. Factors the court may consider when evaluating a deviation include:
Deviation Factor & How It Affects the Analysis
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Age and needs of the child - A child with significant medical, educational, or therapeutic needs may justify above-guideline support
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Custody arrangement and time sharing - Significantly above-average possession time by the obligor may support a downward deviation
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Net resources of both parents - When the obligee parent has substantial resources, courts may consider that in the overall picture
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Travel costs for possession - Extraordinary travel costs required to exercise possession may justify a deviation
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Support for other children - A credit is available when the obligor is supporting other children — see below
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Debts assumed in divorce - Significant marital debts the obligor was ordered to pay may be considered
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Special educational needs - Private school tuition or tutoring costs may warrant additional support
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Extraordinary healthcare costs - Ongoing medical expenses for the child beyond standard health insurance
Deviations can work in either direction — the court can award more or less than the guideline amount. The party seeking a deviation bears the burden of presenting evidence that a deviation is justified and that the resulting amount is in the best interest of the child.
Child Support When the Obligor Has Children in Multiple Families
When the obligor parent is already legally obligated to support children from another relationship — whether by court order or by having those children living in their home — Texas law provides a credit that reduces the guideline percentage applied to the children before the current court. Texas Family Code § 154.128 sets out a combined-family adjusted guideline table.
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For example, an obligor who already has one child under an existing support order would not have 20% applied to their net resources for a second child in a new case — the guideline percentage for the second child is reduced to account for the pre-existing obligation. This prevents the total of all support obligations from consuming an unreasonable portion of the obligor's income.
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Calculating child support correctly in multiple-family situations requires careful analysis of all existing orders and household compositions. We work through these calculations precisely to ensure the order entered in your Walker County case is accurate.
Child Support in High-Income Cases
When the obligor's net monthly resources exceed the statutory cap, the guideline percentage automatically applies only to income up to the cap. The court must then conduct a separate inquiry to determine whether additional support above the guideline amount is warranted based on the proven needs of the child.
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"Proven needs" in high-income cases are assessed by looking at the standard of living the child enjoyed during the marriage or relationship, the child's actual and reasonable expenses, the lifestyle the child would have experienced if the family had remained intact, and the child's educational and extracurricular activities. High-income child support cases often involve detailed financial discovery and expert testimony on lifestyle and expenses.
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If you are on either side of a high-income child support dispute — seeking above-guideline support or defending against an excessive claim — Ryan Putz has experience navigating the financial analysis these cases require.
Child Support for Self-Employed and Variable Income Parents
Accurately calculating child support for a self-employed parent, a business owner, or a parent with commission-based or variable income is one of the most contested issues in Texas family court. Several specific challenges arise:
Business Expense Deductions
Self-employed parents are entitled to deduct ordinary and necessary business expenses when calculating their net resources — but only legitimate business expenses that are actually necessary to operate the business. Courts scrutinize claimed deductions carefully, and expenses that are personal in nature or that have been structured to minimize apparent income will be disallowed. We know how to challenge improper deductions and how to defend legitimate business expenses.
Imputing Income
When a parent is voluntarily unemployed or underemployed — meaning they are working less than their skills and education reasonably allow — the court can impute income based on what the parent could earn if working to full capacity. Texas Family Code § 154.066 authorizes income imputation when the court finds that a parent has intentionally reduced their income to reduce their support obligation. We build cases around earning capacity evidence, including employment history, education, certifications, and local wage data.
Cash and Unreported Income
In cases where a parent works in a cash-intensive business or may be underreporting income, discovery tools — including subpoenas to financial institutions, requests for tax returns and bank statements, and depositions — can reveal the true financial picture. We pursue aggressive discovery when income concealment is suspected.
Medical Support — Health, Dental, and Vision Insurance
Health Insurance Coverage
Texas Family Code § 154.182 requires the court to order medical support for the child in every case. If either parent has access to health insurance coverage for the child through their employer at a reasonable cost, the court will typically order that parent to provide it. "Reasonable cost" is defined as not more than 9% of the obligor's annual net resources.
The cost of the child's health insurance premium is deducted from the obligor's net resources before the guideline percentage is applied — so the obligor receives credit for providing coverage. If the obligee parent carries the insurance, the obligor may be ordered to reimburse a portion of the premium cost as additional support.
Cash Medical Support
When neither parent has access to health insurance at a reasonable cost — or when the available insurance does not cover the child — the court orders cash medical support instead. Cash medical support is an additional monthly amount paid by the obligor into the State Disbursement Unit and held to pay the child's medical expenses. Texas Family Code § 154.1825 sets the amount of cash medical support based on the cost of a benchmark plan in the child's area.
Uninsured Medical Expenses
In addition to health insurance or cash medical support, child support orders routinely include a provision for sharing uninsured medical, dental, and vision expenses. The standard allocation is 50/50 between the parents, though courts have discretion to allocate costs differently based on the parties' incomes. "Uninsured expenses" include co-pays, deductibles, orthodontia, glasses, and other out-of-pocket healthcare costs not covered by insurance.
Dental and Vision Insurance
Texas Family Code § 154.1825 also requires the court to address dental and vision insurance for the child. If either parent has access to dental or vision coverage at a reasonable cost, the court will typically order it to be maintained. Like health insurance, the premium cost factors into the support calculation.
Additional Child-Related Expenses
Childcare Expenses
When the custodial parent incurs childcare expenses that are necessary for them to work, seek employment, or attend school or job training, the court may order the obligor to contribute to those costs as additional support. Texas Family Code § 154.193 allows the court to order payment of work-related childcare expenses in addition to guideline support. These costs are often substantial — particularly for parents of young children — and should be addressed explicitly in the support order.
Extraordinary Educational Expenses
Private school tuition, tutoring, specialized educational programs, and other extraordinary educational expenses may be ordered as additional support when the court finds them to be in the child's best interest. This is particularly relevant when the child has attended private school during the marriage, or when the child has learning differences or other needs that warrant specialized educational services.
Extracurricular Activities
The parties can agree — or the court may order — that both parents contribute to the cost of the child's extracurricular activities, sports, or cultural enrichment programs. These provisions are most often the product of negotiated agreements rather than court-ordered support, but they can be incorporated into the order to make them enforceable.
When Does Child Support Begin and End in Texas?
Start Date
Child support typically begins on the date specified in the court order, which is often the first day of the month following the order's entry or a specific date tied to a payroll cycle. In cases where temporary orders are entered early in the proceedings, support begins from the effective date of the temporary order.
Termination of Child Support
Under Texas Family Code § 154.001, a parent's child support obligation ends when the child reaches 18 years of age — or, if the child is still enrolled in secondary school on their 18th birthday, when the child graduates or withdraws from school, whichever is earlier. Support also terminates upon the child's:
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Marriage
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Removal of disabilities of minority (legal emancipation) by court order
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Death
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Military enlistment
Important: Child support does not automatically stop when the child turns 18. If you are paying support under a wage withholding order, you must take affirmative steps to terminate the order — otherwise withholding may continue past the termination date. We help clients navigate the termination process to prevent overpayment.
Support for an Adult Disabled Child
Texas Family Code § 154.302 provides that a court may order child support to continue beyond age 18 — potentially indefinitely — for a child who requires substantial care and personal supervision because of a physical or mental disability that existed before the child turned 18. These cases require medical evidence of the disability, its onset date, and the extent of the child's need for ongoing care. Both parents may be ordered to contribute to the ongoing support of an adult disabled child.
A child support order is not set in stone. Texas law allows modification when either a material and substantial change in circumstances has occurred, or when the three-year review rule applies.
Material and Substantial Change
A material and substantial change in circumstances can support a modification at any time after the order is entered. Common qualifying changes include:
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A significant increase or decrease in either parent's income or earning capacity
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Loss of employment or a major career change
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A change in the child's medical, educational, or other needs
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A change in the child's primary residence
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A significant change in the cost of health insurance for the child
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The birth of additional children for whom the obligor has a legal support duty
The Three-Year Review Rule
Texas Family Code § 156.401(a-1) provides an alternative pathway for modification that does not require proof of a material change: if it has been three or more years since the last support order was rendered or modified, and the amount that would be awarded under the current guidelines differs from the existing order by either 20% or $100 per month — whichever is less — that difference alone is sufficient grounds for modification. This three-year review rule is an important tool, particularly when income has gradually drifted since the last order was set.
If the other parent has stopped paying court-ordered child support — or has consistently paid less than the full ordered amount — Texas law provides powerful remedies. These include contempt of court (with potential for confinement), wage withholding, license suspension, tax refund intercept, and seizure of financial assets. Unpaid child support accrues interest at 6% per year and is not dischargeable in bankruptcy.
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For a detailed discussion of the enforcement tools available in Walker County, see our dedicated Enforcement of Court Orders page at /divorce-family-law/enforcement-of-orders. If payments have stopped, contact us promptly — we will take action to recover what your children are owed.
One of the most common misconceptions in Texas family law is the belief that child support and possession are linked — that a parent can withhold support because the other parent is denying visits, or that a parent can deny visits because support is not being paid. This is not how Texas law works.
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Child support and possession and access are entirely separate legal obligations. A parent who is being denied their possession rights must pursue enforcement through the court — they cannot unilaterally stop paying support. Likewise, a parent who is not receiving support must file an enforcement action — they cannot withhold the child in retaliation. Courts treat these as independent obligations, and a parent who withholds either support or possession in retaliation for the other's non-compliance may face contempt themselves.
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If you are dealing with both a support non-payment issue and a possession denial, we handle both enforcement actions simultaneously to address the full picture.
Why Choose the Law Office of Ryan Putz for Child Support?
Child support may look like a math problem on the surface — but applying Texas law correctly requires deep knowledge of the guidelines, the deviations, the income calculation rules, and the enforcement tools available. Ryan Putz brings that knowledge to every Walker County child support case.
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Thorough knowledge of Texas Family Code Chapter 154 child support guidelines
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Experience with complex income situations — self-employment, variable income, bonuses, military pay, and high earners
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Skilled at challenging income concealment through discovery and financial analysis
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Handles both above-guideline and deviation requests with supporting evidence
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Comprehensive medical support analysis — health, dental, vision, cash medical support, and uninsured expenses
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Aggressive enforcement when support goes unpaid — wage withholding, contempt, license suspension, and more
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Handles modification cases under both the material-change and three-year review standards
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Represents both obligors and obligees — payors seeking a fair order and recipients seeking full support
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Practices regularly in the 12th District Court, Walker County
The Law Office of Ryan Putz serves clients throughout Walker County, including Huntsville and surrounding communities, and Montgomery County from our satellite office in The Woodlands. We also serve clients in San Jacinto County, Madison County, and Trinity County.
