Why Would a Texas Judge Order Above-Guideline Child Support?

 Posted on February 20, 2025 in Child Support

Like most states, Texas has guidelines that a judge follows when calculating child support. These guidelines ensure fairness for every parent who is receiving or paying child support. However, there are certain situations when a Texas court could order child support payments that exceed the stated guidelines. If you have a situation that warrants an above-guideline child support award, it is important to discuss the matter with a highly skilled McKinney, TX family law attorney.

How is Child Support Determined in Texas?

Texas has a fairly straightforward method of determining child support. For the first $9,200 per month of the non-custodial parent’s net resources, child support is determined through a percentage scale: one child: 20 percent of net resources, two children: 25 percent, three children: 30 percent, four children: 35 percent, five children: 40 percent, and six or more children: not less than 40 percent.

A parent who makes more than $9,200 per month could have those figures adjusted upward, while a parent earning less than $1,000 per month could have the percentages adjusted downward. Child support can be ordered even when parents share equal time with the child and usually remains in force until the child turns 18 or graduates from high school. Child support usually includes coverage for medical and dental care and applies even when the paying parent does not take advantage of his or her visitation time.

When Could Above-Guideline Child Support Be Awarded?

There are certain circumstances that could trigger a larger child support award, including the following:

• A situation where the parents live far apart could warrant extra support to cover travel expenses associated with visitation.
• A special needs child with a disability or chronic medical condition who requires additional financial resources could result in extra support.
• Extra support could be required for additional education expenses for a child attending a private school or to address specific educational needs of the child.
• A paying parent paying child support to other households for other children could have his or her child support adjusted downward, and the paying parent can meet those financial obligations.
• A parent with a modest income but significant assets could be ordered to pay more child support.
• A paying parent who deliberately becomes unemployed or underemployed to avoid higher child support payments could have his or her child support amount based on earning capacity rather than actual income.
• A paying parent of a child who has an expensive extracurricular activity could be asked to pay more child support.

Judges in these situations will carefully consider all factors, but the child's best interests will always be the primary consideration.

Making a Case for Above-Guideline Child Support

While the Texas Family Code does allow for deviations and modifications to child support amounts, there must be a compelling reason. The parent asking for higher child support payments must clearly define the child’s unique needs, tying them to specific financial requirements. Most judges are more interested in actual evidence than verbal testimony, which makes it essential to have documented expenses to support a persuasive argument.

Contact a Collin County, TX Child Support Lawyer

Speaking to a McKinney, TX child support attorney from The Ramage Law Group can be the best step you can take when you need additional child support for your child’s needs. We are an all-woman law firm with child-focused attorneys who focus on client relationships. Call 972-562-9890 to schedule your initial meeting with one of our experienced attorneys.