Child Support FAQ

1. How is child support calculated?

In most cases, child support is calculated using a formula in the Texas Family Code. The payor’s monthly “net resources” (a term defined by statute) is multiplied by a percentage which is determined by the number of children at issue (e.g., the percentage for one child would be 20%). The payor is entitled to a reduction if he or she is also responsible for the support of another child.

2. Who carries medical insurance for children and how do out-of-pocket medical expenses of children get paid?

The Texas Family Code requires that the court include medical support in an order regarding child support. The parent paying child support (obligor) will normally be required to carry health insurance. However, if the parent who receives child support (obligee) has health insurance available (and the obligor does not) the court may order the obligee to provide health insurance and order the obligor to pay additional child support to cover the actual cost of health insurance. Additionally, the court shall allocate between the parties, according to their circumstances, the reasonable and necessary health care expenses of the child that are not reimbursed by health insurance.

3. Can my child’s other parent avoid paying child support by filing for bankruptcy?

Child support obligations are not dischargeable in bankruptcy.