reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter A. Court-Ordered Child Support › Section 154.011. Support Not Conditioned on Possession or Access

Sec. 154.011.  SUPPORT NOT CONDITIONED ON POSSESSION OR ACCESS.  A court may not render an order that conditions the payment of child support on whether a managing conservator allows a possessory conservator to have possession of or access to a child.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 40, eff. Sept. 1, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter A. Court-Ordered Child Support › Section 154.012. Support Paid in Excess of Support Order

Sec. 154.012.  SUPPORT PAID IN EXCESS OF SUPPORT ORDER.  (a)  If an obligor is not in arrears and the obligor's child support obligation has terminated, the obligee shall return to the obligor a child support payment made by the obligor that exceeds the amount of support ordered, regardless of whether the payment was made before, on, or after the date the child support obligation terminated.
(b)  An obligor may file a suit to recover a child support payment under Subsection (a).  If the court finds that the obligee failed to return a child support payment under Subsection (a), the court shall order the obligee to pay to the obligor attorney's fees and all court costs in addition to the amount of support paid after the date the child support order terminated.  For good cause shown, the court may waive the requirement that the obligee pay attorney's fees and costs if the court states the reasons supporting that finding.
Added by Acts 1999, 76th Leg., ch. 363, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter A. Court-Ordered Child Support › Section 154.014. Payments in Excess of Court-Ordered Amount

Sec. 154.014.  PAYMENTS IN EXCESS OF COURT-ORDERED AMOUNT.  (a)  If a child support agency or local child support registry receives from an obligor who is not in arrears a child support payment in an amount that exceeds the court-ordered amount, the agency or registry, to the extent possible, shall give effect to any expressed intent of the obligor for the application of the amount that exceeds the court-ordered amount.
(b)  If the obligor does not express an intent for the application of the amount paid in excess of the court-ordered amount, the agency or registry shall:
(1)  credit the excess amount to the obligor's future child support obligation;  and
(2)  promptly disburse the excess amount to the obligee.
(c)  This section does not apply to an obligee who is a recipient of public assistance under Chapter 31, Human Resources Code.
Added by Acts 2001, 77th Leg., ch. 1491, Sec. 2, eff. Jan. 1, 2002.  Renumbered from Family Code Sec. 154.013 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(52), eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter A. Court-Ordered Child Support › Section 154.016. Provision of Support in Event of Death of Parent

Sec. 154.016.  PROVISION OF SUPPORT IN EVENT OF DEATH OF PARENT.  (a)  The court may order a child support obligor to obtain and maintain a life insurance policy, including a decreasing term life insurance policy, that will establish an insurance-funded trust or an annuity payable to the obligee for the benefit of the child that will satisfy the support obligation under the child support order in the event of the obligor's death.
(b)  In determining the nature and extent of the obligation to provide for the support of the child in the event of the death of the obligor, the court shall consider all relevant factors, including:
(1)  the present value of the total amount of monthly periodic child support payments from the date the child support order is rendered until the month in which the child turns 18 years of age, based on the amount of the periodic monthly child support payment under the child support order;
(2)  the present value of the total amount of health insurance and dental insurance premiums payable for the benefit of the child from the date the child support order is rendered until the month in which the child turns 18 years of age, based on the cost of health insurance and dental insurance for the child ordered to be paid; and
(3)  in the case of a disabled child under 18 years of age or an adult disabled child, an amount to be determined by the court under Section 154.306.
(c)  The court may, on its own motion or on a motion of the obligee, require the child support obligor to provide proof satisfactory to the court verifying compliance with the order rendered under this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1404 (S.B. 617), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 10, eff. September 1, 2018.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter A. Court-Ordered Child Support › Section 154.017. Employment Services-Related Orders for Unemployed and Underemployed Obligors

Sec. 154.017.  EMPLOYMENT SERVICES-RELATED ORDERS FOR UNEMPLOYED AND UNDEREMPLOYED OBLIGORS.  (a)  When establishing, modifying, or enforcing a child support obligation, a court or Title IV-D agency may render an order requiring an unemployed or underemployed obligor to:
(1)  enroll and participate fully in a program available in the obligor's community that provides employment assistance, skills training, or job placement services; or
(2)  work, have a plan to pay child support, or participate in work activities appropriate to pay the support obligation.
(b)  An order rendered under this section is enforceable as provided by Chapter 157.
Added by Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter B. Computing Net Resources Available for Payment of Child Support › Section 154.061. Computing Net Monthly Income

Sec. 154.061.  COMPUTING NET MONTHLY INCOME.  (a)  Whenever feasible, gross income should first be computed on an annual basis and then should be recalculated to determine average monthly gross income.
(b)  The Title IV-D agency shall annually promulgate tax charts to compute net monthly income, subtracting from gross income social security taxes and federal income tax withholding for a single person claiming one personal exemption and the standard deduction.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter B. Computing Net Resources Available for Payment of Child Support › Section 154.063. Party to Furnish Information

Sec. 154.063.  PARTY TO FURNISH INFORMATION.  The court shall require a party to:
(1)  furnish information sufficient to accurately identify that party's net resources and ability to pay child support;  and
(2)  produce copies of income tax returns for the past two years, a financial statement, and current pay stubs.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter B. Computing Net Resources Available for Payment of Child Support › Section 154.064. Medical Support and Dental Support for Child Presumptively Provided by Obligor

Sec. 154.064.  MEDICAL SUPPORT AND DENTAL SUPPORT FOR CHILD PRESUMPTIVELY PROVIDED BY OBLIGOR.  The guidelines for support of a child are based on the assumption that the court will order the obligor to provide medical support and dental support for the child in addition to the amount of child support calculated in accordance with those guidelines.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 7, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 12, eff. September 1, 2018.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter B. Computing Net Resources Available for Payment of Child Support › Section 154.065. Self-Employment Income

Sec. 154.065.  SELF-EMPLOYMENT INCOME.  (a)  Income from self-employment, whether positive or negative, includes benefits allocated to an individual from a business or undertaking in the form of a proprietorship, partnership, joint venture, close corporation, agency, or independent contractor, less ordinary and necessary expenses required to produce that income.
(b)  In its discretion, the court may exclude from self-employment income amounts allowable under federal income tax law as depreciation, tax credits, or any other business expenses shown by the evidence to be inappropriate in making the determination of income available for the purpose of calculating child support.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter B. Computing Net Resources Available for Payment of Child Support › Section 154.0655. Imputation of Income

Sec. 154.0655.  IMPUTATION OF INCOME.  (a) In this section, "resources" has the meaning assigned by Section 154.062(b).
(b)  To the extent possible, the court shall rely on evidence of a party's resources when applying the support guidelines.
(c)  In the absence of evidence of a party's resources, the court, when applying Section 154.066 or 154.068, shall consider relevant background circumstances regarding the obligor, including:
(1)  the obligor's:
(A)  assets;
(B)  residence;
(C)  employment;
(D)  earnings history;
(E)  job skills;
(F)  educational attainment;
(G)  literacy;
(H)  age;
(I)  health;
(J)  criminal history;
(K)  barriers to employment; and
(L)  record of seeking work;
(2)  job opportunities in the obligor's community;
(3)  the prevailing wage in the obligor's community; and
(4)  whether there are employers willing to hire the obligor.
Added by Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter B. Computing Net Resources Available for Payment of Child Support › Section 154.066. Intentional Unemployment or Underemployment

Sec. 154.066.  INTENTIONAL UNEMPLOYMENT OR UNDEREMPLOYMENT.  (a) If the actual income of the obligor is significantly less than what the obligor could earn because of intentional unemployment or underemployment, the court may apply the support guidelines to the earning potential of the obligor.
(b)  In determining whether an obligor is intentionally unemployed or underemployed, the court may consider evidence that the obligor is a veteran, as defined by 38 U.S.C. Section 101(2), who is seeking or has been awarded:
(1)  United States Department of Veterans Affairs disability benefits, as defined by 38 U.S.C. Section 101(16); or
(2)  non-service-connected disability pension benefits, as defined by 38 U.S.C. Section 101(17).
(c)  The court may not consider incarceration as intentional unemployment or underemployment when establishing or modifying a support order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1046 (H.B. 3017), Sec. 2, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter B. Computing Net Resources Available for Payment of Child Support › Section 154.067. Deemed Income

Sec. 154.067.  DEEMED INCOME.  (a)  When appropriate, in order to determine the net resources available for child support, the court may assign a reasonable amount of deemed income attributable to assets that do not currently produce income.  The court shall also consider whether certain property that is not producing income can be liquidated without an unreasonable financial sacrifice because of cyclical or other market conditions.  If there is no effective market for the property, the carrying costs of such an investment, including property taxes and note payments, shall be offset against the income attributed to the property.
(b)  The court may assign a reasonable amount of deemed income to income-producing assets that a party has voluntarily transferred or on which earnings have intentionally been reduced.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter B. Computing Net Resources Available for Payment of Child Support › Section 154.068. Wage and Salary Presumption

Sec. 154.068.  WAGE AND SALARY PRESUMPTION. (a)  In the absence of evidence of a party's resources, as defined by Section 154.062(b), the court shall presume that the party has income equal to the federal minimum wage for a 40-hour week to which the support guidelines may be applied.
(b)  The presumption required by Subsection (a) does not apply if the court finds that the party is subject to an order of confinement that exceeds 90 days and is incarcerated in a local, state, or federal jail or prison at the time the court makes the determination regarding the party's income.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1046 (H.B. 3017), Sec. 3, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1249 (H.B. 943), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter B. Computing Net Resources Available for Payment of Child Support › Section 154.069. Net Resources of Spouse

Sec. 154.069.  NET RESOURCES OF SPOUSE.  (a)  The court may not add any portion of the net resources of a spouse to the net resources of an obligor or obligee in order to calculate the amount of child support to be ordered.
(b)  The court may not subtract the needs of a spouse, or of a dependent of a spouse, from the net resources of the obligor or obligee.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter B. Computing Net Resources Available for Payment of Child Support › Section 154.070. Child Support Received by Obligor

Sec. 154.070.  CHILD SUPPORT RECEIVED BY OBLIGOR.  In a situation involving multiple households due child support, child support received by an obligor shall be added to the obligor's net resources to compute the net resources before determining the child support credit or applying the percentages in the multiple household table in this chapter.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter C. Child Support Guidelines › Section 154.121. Guidelines for the Support of a Child

Sec. 154.121.  GUIDELINES FOR THE SUPPORT OF A CHILD.  The child support guidelines in this subchapter are intended to guide the court in determining an equitable amount of child support.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter C. Child Support Guidelines › Section 154.122. Application of Guidelines Rebuttably Presumed in Best Interest of Child

Sec. 154.122.  APPLICATION OF GUIDELINES REBUTTABLY PRESUMED IN BEST INTEREST OF CHILD.  (a)  The amount of a periodic child support payment established by the child support guidelines in effect in this state at the time of the hearing is presumed to be reasonable, and an order of support conforming to the guidelines is presumed to be in the best interest of the child.
(b)  A court may determine that the application of the guidelines would be unjust or inappropriate under the circumstances.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter C. Child Support Guidelines › Section 154.123. Additional Factors for Court to Consider

Sec. 154.123.  ADDITIONAL FACTORS FOR COURT TO CONSIDER.  (a)  The court may order periodic child support payments in an amount other than that established by the guidelines if the evidence rebuts the presumption that application of the guidelines is in the best interest of the child and justifies a variance from the guidelines.
(b)  In determining whether application of the guidelines would be unjust or inappropriate under the circumstances, the court shall consider evidence of all relevant factors, 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 obligee if the actual income of the obligee is significantly less than what the obligee could earn because the obligee is intentionally unemployed or underemployed and including an increase or decrease in the income of the obligee or income that may be attributed to the property and assets of the obligee;
(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;
(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;  and
(17)  any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter C. Child Support Guidelines › Section 154.124. Agreement Concerning Support

Sec. 154.124.  AGREEMENT CONCERNING SUPPORT.  (a)  To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreement containing provisions for support of the child and for modification of the agreement, including variations from the child support guidelines provided by Subchapter C.
(b)  If the court finds that the agreement is in the child's best interest, the court shall render an order in accordance with the agreement.
(c)  Terms of the agreement pertaining to child support in the order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract.
(d)  If the court finds the agreement is not in the child's best interest, the court may request the parties to submit a revised agreement or the court may render an order for the support of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2003, 78th Leg., ch. 480, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter C. Child Support Guidelines › Section 154.125. Application of Guidelines to Net Resources

Sec. 154.125.  APPLICATION OF GUIDELINES TO NET RESOURCES.  (a)  The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor's monthly net resources are not greater than the maximum amount of net resources to which the statutory guidelines are applicable, as most recently published by the Title IV-D agency in the Texas Register.
(a-1)  The amount prescribed by Subsection (a) is adjusted every six years as necessary to reflect inflation.  The Title IV-D agency shall compute the adjusted amount, to take effect beginning September 1 of the year of the adjustment, based on the percentage change in the consumer price index during the 72-month period preceding March 1 of the year of the adjustment, as rounded to the nearest $50 increment.  The Title IV-D agency shall publish the adjusted amount in the Texas Register before September 1 of the year in which the adjustment takes effect.  For purposes of this subsection, "consumer price index" has the meaning assigned by Section 341.201, Finance Code.
(b)  If the obligor's monthly net resources are not greater than the amount described by Subsection (a) and the obligor's monthly net resources are equal to or greater than the amount described by Subsection (c), the court shall presumptively apply the following schedule in rendering the child support order:
CHILD SUPPORT GUIDELINES
BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
1 child               20% of Obligor's Net Resources
2 children            25% of Obligor's Net Resources
3 children            30% of Obligor's Net Resources
4 children            35% of Obligor's Net Resources
5 children            40% of Obligor's Net Resources
6+ children           Not less than the amount for 5 children
(c)  If the obligor's monthly net resources are less than $1,000, the court shall presumptively apply the following schedule in rendering the child support order:
LOW-INCOME CHILD SUPPORT GUIDELINES
BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
1 child               15% of Obligor's Net Resources
2 children            20% of Obligor's Net Resources
3 children            25% of Obligor's Net Resources
4 children            30% of Obligor's Net Resources
5 children            35% of Obligor's Net Resources
6+ children           Not less than the amount for 5 children
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 620 (H.B. 448), Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 5, eff. June 19, 2009.
Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter C. Child Support Guidelines › Section 154.126. Application of Guidelines to Additional Net Resources

Sec. 154.126.  APPLICATION OF GUIDELINES TO ADDITIONAL NET RESOURCES.  (a)  If the obligor's net resources exceed the amount provided by Section 154.125(a), the court shall presumptively apply the percentage guidelines to the portion of the obligor's net resources that does not exceed that amount.  Without further reference to the percentage recommended by these guidelines, the court may order additional amounts of child support as appropriate, depending on the income of the parties and the proven needs of the child.
(b)  The proper calculation of a child support order that exceeds the presumptive amount established for the portion of the obligor's net resources provided by Section 154.125(a) requires that the entire amount of the presumptive award be subtracted from the proven total needs of the child.  After the presumptive award is subtracted, the court shall allocate between the parties the responsibility to meet the additional needs of the child according to the circumstances of the parties.  However, in no event may the obligor be required to pay more child support than the greater of the presumptive amount or the amount equal to 100 percent of the proven needs of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 620 (H.B. 448), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter C. Child Support Guidelines › Section 154.127. Partial Termination of Support Obligation

Sec. 154.127.  PARTIAL TERMINATION OF SUPPORT OBLIGATION.  (a)  A child support order for more than one child shall provide that, on the termination of support for a child, the level of support for the remaining child or children is in accordance with the child support guidelines.
(b)  A child support order is in compliance with the requirement imposed by Subsection (a) if the order contains a provision that specifies:
(1)  the events, including a child reaching the age of 18 years or otherwise having the disabilities of minority removed, that have the effect of terminating the obligor's obligation to pay child support for that child; and
(2)  the reduced total amount that the obligor is required to pay each month after the occurrence of an event described by Subdivision (1).
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter C. Child Support Guidelines › Section 154.128. Computing Support for Children in More Than One Household

Sec. 154.128.  COMPUTING SUPPORT FOR CHILDREN IN MORE THAN ONE HOUSEHOLD.  (a)  In applying the child support guidelines for an obligor who has children in more than one household, the court shall apply the percentage guidelines in this subchapter by making the following computation:
(1)  determine the amount of child support that would be ordered if all children whom the obligor has the legal duty to support lived in one household by applying the schedule in this subchapter;
(2)  compute a child support credit for the obligor's children who are not before the court by dividing the amount determined under Subdivision (1) by the total number of children whom the obligor is obligated to support and multiplying that number by the number of the obligor's children who are not before the court;
(3)  determine the adjusted net resources of the obligor by subtracting the child support credit computed under Subdivision (2) from the net resources of the obligor;  and
(4)  determine the child support amount for the children before the court by applying the percentage guidelines for one household for the number of children of the obligor before the court to the obligor's adjusted net resources.
(b)  For the purpose of determining a child support credit, the total number of an obligor's children includes the children before the court for the establishment or modification of a support order and any other children, including children residing with the obligor, whom the obligor has the legal duty of support.
(c)  The child support credit with respect to children for whom the obligor is obligated by an order to pay support is computed, regardless of whether the obligor is delinquent in child support payments, without regard to the amount of the order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter C. Child Support Guidelines › Section 154.129. Alternative Method of Computing Support for Children in More Than One Household

Sec. 154.129.  ALTERNATIVE METHOD OF COMPUTING SUPPORT FOR CHILDREN IN MORE THAN ONE HOUSEHOLD.  (a)  If the obligor's monthly net resources are not greater than the amount described by Section 154.125(a) and if the obligor's monthly net resources are equal to or greater than the amount described by Section 154.125(c), in lieu of performing the computation under the preceding section, the court may determine the child support amount for the children before the court by applying the percentages in the table below to the obligor's net resources:
MULTIPLE FAMILY ADJUSTED GUIDELINES
(% OF NET RESOURCES)
Number of children before the court
1
2
3
4
5
6
7
Number of
0
20.00
25.00
30.00
35.00
40.00
40.00
40.00
other
1
17.50
22.50
27.38
32.20
37.33
37.71
38.00
children for
2
16.00
20.63
25.20
30.33
35.43
36.00
36.44
whom the
3
14.75
19.00
24.00
29.00
34.00
34.67
35.20
obligor
4
13.60
18.33
23.14
28.00
32.89
33.60
34.18
has a
5
13.33
17.86
22.50
27.22
32.00
32.73
33.33
duty of
6
13.14
17.50
22.00
26.60
31.27
32.00
32.62
support
7
13.00
17.22
21.60
26.09
30.67
31.38
32.00
(b)  If the obligor's monthly net resources are less than the amount described by Section 154.125(c), in lieu of performing the computation under the preceding section, the court may determine the child support amount for the children before the court by applying the percentages in the table below to the obligor's net resources:
LOW-INCOME MULTIPLE FAMILY ADJUSTED GUIDELINES
(% OF NET RESOURCES)
Number of children before the court
1
2
3
4
5
6
7
Number of
0
15.00
20.00
25.00
30.00
35.00
35.00
35.00
other
1
13.50
18.33
23.13
27.90
32.96
33.25
33.47
children for
2
12.50
17.00
21.50
26.50
31.50
31.94
32.28
whom the
3
11.63
15.80
20.63
25.50
30.41
30.92
31.33
obligor
4
10.80
15.33
20.00
24.75
29.56
30.10
30.55
has a
5
10.63
15.00
19.53
24.17
28.88
29.43
29.90
duty of
6
10.50
14.75
19.17
23.70
28.32
28.88
29.35
support
7
10.41
14.56
18.88
23.32
27.85
28.40
28.88
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter C. Child Support Guidelines › Section 154.130. Findings in Child Support Order

Sec. 154.130.  FINDINGS IN CHILD SUPPORT ORDER.  (a)  Without regard to Rules 296 through 299, Texas Rules of Civil Procedure, in rendering an order of child support, the court shall make the findings required by Subsection (b) if:
(1)  a party files a written request with the court before the final order is signed, but not later than 20 days after the date of rendition of the order;
(2)  a party makes an oral request in open court during the hearing; or
(3)  the amount of child support ordered by the court varies from the amount computed by applying the percentage guidelines under Section 154.125 or 154.129, as applicable.
(a-1)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 12(2), eff. September 1, 2017.
(b)  If findings are required by this section, the court shall state whether the application of the guidelines would be unjust or inappropriate and shall state the following in the child support order:
"(1)  the net resources of the obligor per month are $______;
"(2)  the net resources of the obligee per month are $______;
"(3)  the percentage applied to the obligor's net resources for child support is ______%; and
"(4)   if applicable, the specific reasons that the amount of child support per month ordered by the court varies from the amount computed by applying the percentage guidelines under Section 154.125 or 154.129, as applicable."
(c)  Findings under Subsection (b)(2) are required only if evidence of the monthly net resources of the obligee has been offered.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 620 (H.B. 448), Sec. 4, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 6, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 37, eff. June 19, 2009.
Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 10, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 12(2), eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter C. Child Support Guidelines › Section 154.131. Retroactive Child Support

Sec. 154.131.  RETROACTIVE CHILD SUPPORT.  (a)  The child support guidelines are intended to guide the court in determining the amount of retroactive child support, if any, to be ordered.
(b)  In ordering retroactive child support, the court shall consider the net resources of the obligor during the relevant time period and whether:
(1)  the mother of the child had made any previous attempts to notify the obligor of his paternity or probable paternity;
(2)  the obligor had knowledge of his paternity or probable paternity;
(3)  the order of retroactive child support will impose an undue financial hardship on the obligor or the obligor's family;  and
(4)  the obligor has provided actual support or other necessaries before the filing of the action.
(c)  It is presumed that a court order limiting the amount of retroactive child support to an amount that does not exceed the total amount of support that would have been due for the four years preceding the date the petition seeking support was filed is reasonable and in the best interest of the child.
(d)  The presumption created under this section may be rebutted by evidence that the obligor:
(1)  knew or should have known that the obligor was the father of the child for whom support is sought;  and
(2)  sought to avoid the establishment of a support obligation to the child.
(e)  An order under this section limiting the amount of retroactive support does not constitute a variance from the guidelines requiring the court to make specific findings under Section 154.130.
(f)  Notwithstanding any other provision of this subtitle, the court retains jurisdiction to render an order for retroactive child support in a suit if a petition requesting retroactive child support is filed not later than the fourth anniversary of the date of the child's 18th birthday.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 392, Sec. 1, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 821, Sec. 2.14, eff. June 14, 2001;  Acts 2001, 77th Leg., ch. 1023, Sec. 9, eff;  Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 11(a), eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter C. Child Support Guidelines › Section 154.132. Application of Guidelines to Children of Certain Disabled Obligors

Sec. 154.132.  APPLICATION OF GUIDELINES TO CHILDREN OF CERTAIN DISABLED OBLIGORS.  (a) In applying the child support guidelines for an obligor who has a disability and who is required to pay support for a child who receives periodic benefits as a result of the obligor's disability, the court shall apply the guidelines by determining the amount of child support that would be ordered under the child support guidelines and subtracting from that total the amount of benefits or the value of the benefits paid to or for the child as a result of the obligor's disability.
(b)  If a child for whom the obligor owes child support receives a lump-sum payment as a result of the obligor's disability and that payment is made to the obligee as the representative payee of the child, the credit for the lump-sum payment must be applied as provided by Section 157.009.
Added by Acts 1999, 76th Leg., ch. 891, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 151 (S.B. 869), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter C. Child Support Guidelines › Section 154.133. Application of Guidelines to Children of Obligors Receiving Social Security

Sec. 154.133.  APPLICATION OF GUIDELINES TO CHILDREN OF OBLIGORS RECEIVING SOCIAL SECURITY.  In applying the child support guidelines for an obligor who is receiving social security old age benefits and who is required to pay support for a child who receives benefits as a result of the obligor's receipt of social security old age benefits, the court shall apply the guidelines by determining the amount of child support that would be ordered under the child support guidelines and subtracting from that total the amount of benefits or the value of the benefits paid to or for the child as a result of the obligor's receipt of social security old age benefits.
Added by Acts 2001, 77th Leg., ch. 544, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter D. Medical Support and Dental Support for Child › Section 154.1825. Dental Care Coverage for Child

Sec. 154.1825.  DENTAL CARE COVERAGE FOR CHILD.  (a)  In this section:
(1)  "Accessibility" means the extent to which dental insurance coverage for a child provides for the availability of dental care within a reasonable traveling distance and time from the child's primary residence, as determined by the court.
(2)  "Reasonable cost" has the meaning assigned by Section 154.1815(a).
(b)  The court shall consider the cost, accessibility, and quality of dental insurance coverage available to the parties and shall give priority to dental insurance coverage available through the employment of one of the parties if the coverage is available at a reasonable cost to the obligor.
(c)  In determining the manner in which dental care coverage for the child is to be ordered, the court shall render its order in accordance with the following priorities, unless a party shows good cause why a particular order is not in the best interest of the child:
(1)  if dental insurance is available for the child through a parent's employment or membership in a union, trade association, or other organization at reasonable cost, the court shall order that parent to include the child in the parent's dental insurance; or
(2)  if dental insurance is not available for the child under Subdivision (1) but is available to a parent from another source and at a reasonable cost, the court may order that parent to provide dental insurance for the child.
(d)  If the parent ordered to provide dental insurance under Subsection (c)(1) or (2) is the obligee, the court shall order the obligor to pay the obligee, as additional child support, an amount equal to the actual cost of dental insurance for the child, but not to exceed a reasonable cost to the obligor.  In calculating the actual cost of dental insurance for the child, if the obligee has other minor dependents covered under the same dental insurance plan, the court shall divide the total cost to the obligee for the insurance by the total number of minor dependents, including the child covered under the plan.
Added by Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 15, eff. September 1, 2018.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter D. Medical Support and Dental Support for Child › Section 154.1827. Administrative Adjustment of Medical Support Order

Sec. 154.1827.  ADMINISTRATIVE ADJUSTMENT OF MEDICAL SUPPORT ORDER.  (a)  In each Title IV-D case in which a medical support order requires that a child be enrolled in a health care program under Section 154.1826, the Title IV-D agency may administratively adjust the order as necessary on an annual basis to reflect changes in the amount of premium costs associated with the child's enrollment.
(b)  The Title IV-D agency shall provide notice of the administrative adjustment to the obligor and the clerk of the court that rendered the order.
Added by Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 9, eff. June 19, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter D. Medical Support and Dental Support for Child › Section 154.183. Medical and Dental Support Additional Support Duty of Obligor

Sec. 154.183.  MEDICAL AND DENTAL SUPPORT ADDITIONAL SUPPORT DUTY OF OBLIGOR.  (a)  An amount that an obligor is ordered to pay as medical support or dental support for the child under this chapter, including the costs of health insurance coverage or cash medical support under Section 154.182 and the costs of dental insurance under Section 154.1825:
(1)  is in addition to the amount that the obligor is required to pay for child support under the guidelines for child support;
(2)  is a child support obligation; and
(3)  may be enforced by any means available for the enforcement of child support, including withholding from earnings under Chapter 158.
(b)  If the court finds and states in the child support order that the obligee will maintain health insurance coverage, dental insurance coverage, or both, for the child at the obligee's expense, the court shall increase the amount of child support to be paid by the obligor in an amount not exceeding the actual cost to the obligee for maintaining the coverage, as provided under Sections 154.182(b-1) and 154.1825(d).
(c)  As additional child support, the court shall allocate between the parties, according to their circumstances:
(1)  the reasonable and necessary health care expenses, including vision and dental expenses, of the child that are not reimbursed by health or dental insurance or are not otherwise covered by the amount of cash medical support ordered under Section 154.182; and
(2)  amounts paid by either party as deductibles or copayments in obtaining health care or dental care services for the child covered under a health insurance or dental insurance policy.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 363 (S.B. 303), Sec. 5, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 620 (H.B. 448), Sec. 6, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 9.002, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 10, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 16, eff. September 1, 2018.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 154 - Child Support › Subchapter D. Medical Support and Dental Support for Child › Section 154.184. Effect of Order

Sec. 154.184.  EFFECT OF ORDER.  (a)  Receipt of a medical support order requiring that health insurance be provided for a child or a dental support order requiring that dental insurance be provided for a child shall be considered a change in the family circumstances of the employee or member, for health insurance purposes and dental insurance purposes, equivalent to the birth or adoption of a child.
(b)  If the employee or member is eligible for dependent health coverage or dependent dental coverage, the employer shall automatically enroll the child for the first 31 days after the receipt of the order or notice of the medical support order or the dental support order under Section 154.186 on the same terms and conditions as apply to any other dependent child.
(c)  The employer shall notify the insurer of the automatic enrollment.
(d)  During the 31-day period, the employer and insurer shall complete all necessary forms and procedures to make the enrollment permanent or shall report in accordance with this subchapter the reasons the coverage cannot be made permanent.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 341, Sec. 4.03, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 911, Sec. 11, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1150 (S.B. 550), Sec. 17, eff. September 1, 2018.