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Griffin, Cain & Herbig, Attorneys At Law, PLLC

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Comprehensive Legal Guidance For Your Child Support Case In The Woodlands

If you’re dealing with a child support issue in Texas, you’re not alone—and you don’t have to navigate it by yourself. Whether you’re trying to establish an initial child support order, modify an existing one, or enforce court-ordered payments, having knowledgeable and aggressive legal support is crucial to protecting both your rights and your child’s well-being.

At Griffin, Cain & Herbig, Attorneys at Law, PLLC, we offer comprehensive legal assistance for all types of child support cases across Montgomery County, Harris County, Walker County, and Grimes County, including Conroe and The Woodlands. We understand the emotional and financial challenges involved in raising a child, especially after separation or divorce. Our goal is to help you secure fair, lawful, and enforceable support arrangements that reflect your circumstances and serve your child’s best interests.

Understanding Child Support In Texas

Child support is a court-ordered financial obligation that one parent pays to the other for the care and upbringing of their shared children. Under Texas law, both parents are responsible for supporting their children—but typically, the non-custodial parent (the one with less parenting time) pays child support to the custodial parent to cover daily living expenses.

Child support in Texas is governed by the Texas Family Code, which establishes a set of guidelines based on the paying parent’s income and the number of children involved. While these guidelines provide a framework, the final amount can be adjusted based on a variety of factors.

Texas Child Support Guidelines: How It’s Calculated

Texas law presumes that the guideline support amounts are fair and appropriate in most cases. These amounts are calculated as a percentage of the paying parent’s “net resources”—that is, their income after taxes and certain deductions.

As of the latest update, for payers whose monthly net resources do not exceed $8,550, the child support obligations are typically calculated as follows:

  • 1 child: 20% of net resources

  • 2 children: 25%

  • 3 children: 30%

  • 4 children: 35%

  • 5 children: 40%

  • 6 or more children: Not less than 40%

This formula is the starting point—but not always the end of the discussion.

What Counts As “Net Resources”?

Net resources include most types of income, such as:

  • Wages and salaries

  • Self-employment income

  • Commissions and bonuses

  • Rental income

  • Royalties and dividends

  • Retirement benefits

  • Certain Social Security income

However, not all income is included. For example, means-tested public benefits like TANF or SSI are excluded.

In calculating net resources, the court will subtract certain items, including:

  • Social Security and Medicare taxes

  • Federal income tax (based on the tax rate for a single person claiming one personal exemption and standard deduction)

  • Union dues

  • Health insurance costs for the child

When The Guidelines Don’t Fit: Deviating From The Standard Formula

While the guidelines are presumed to be in the best interests of the child, courts can deviate from them when appropriate. Common reasons for deviation include:

  • The child has special needs (medical, educational, or psychological)

  • One parent has other children to support from different relationships

  • The paying parent has extraordinary income or assets

  • The parents share possession nearly 50/50

  • Travel expenses related to visitation are significant

  • The child has extraordinary expenses (e.g., private school, tutoring, or extracurriculars)

Whether you’re seeking to increase, decrease, or challenge the guideline amount, you must present a compelling argument supported by evidence. The court must state the reasons for any deviation in the final order. That’s where a skilled Texas child support attorney becomes essential.

Establishing Child Support In Texas

If you are divorcing or separating from the other parent of your child, it’s crucial to establish a formal support order—especially if you are the custodial parent. Without a court order, even if the other parent agrees to help financially, enforcement is difficult and inconsistent.

We help clients:

  • File for original support orders during divorce or custody cases

  • Respond to support claims filed by the other parent

  • Ensure that income is accurately disclosed

  • Protect your interests in negotiation or court

We also assist unmarried parents with establishing paternity, which is necessary before a child support order can be enforced against a father.

Modifying A Child Support Order

Circumstances change—jobs are lost or gained, children grow older, and parents remarry or relocate. When these changes are substantial, you may be entitled to a modification of your child support order.

Under Texas law, you may seek a modification if:

  1. It has been three years since the current order was established or last modified, and

  2. The amount of support that would be ordered under current guidelines differs by at least 20% or $100, or

  3. There has been a material and substantial change in circumstances, such as:

    • A change in the paying parent’s income

    • A change in the child’s needs (e.g., health or education)

    • A change in custody or visitation arrangements

We’ll help you evaluate whether you meet the criteria, gather the necessary documentation, and represent your interests in the modification hearing.

Enforcing Child Support In Texas

If the other parent is not paying support as ordered, you have the right to enforce the court’s decision. Child support is not optional, and failure to pay can result in serious consequences, including:

  • Wage garnishment

  • Seizure of tax refunds or bank accounts

  • Driver’s license suspension

  • Credit damage

  • Jail time for contempt of court

We help custodial parents enforce unpaid support through the courts and the Texas Attorney General’s Office. Our attorneys can file a Motion for Enforcement, present evidence, and pursue aggressive legal action to hold the non-paying parent accountable.

If you’re on the other side of the issue and are facing enforcement proceedings, we can also represent you and help you resolve the matter, avoid penalties, and request modifications if appropriate.

What If You’ve Lost Your Job Or Can’t Afford Payments?

If you’re experiencing financial hardship, don’t ignore your child support obligations. Unlike other debts, child support doesn’t go away—even in bankruptcy. But you can seek relief by requesting a temporary or permanent modification based on your current income.

Until the court modifies the order, your current payment remains in effect, and arrears (back child support) will continue to accumulate with interest. The sooner you act, the better.

Child Support For Special Circumstances

➤ High Net Worth Families

If the paying parent earns more than $9,200 per month, courts can award additional child support based on the child’s proven needs. These cases often involve lifestyle maintenance, private schooling, extracurricular programs, and other higher expenses.

➤ Self-Employed Parents

For parents who own businesses or work freelance, calculating net income can be more complex. We help uncover accurate financial records, analyze tax returns, and ensure that income is not being hidden or manipulated.

➤ Interstate And International Cases

If one parent lives in another state—or even another country—Texas can still issue and enforce support orders. We can help you navigate interstate and international child support enforcement, including through the Uniform Interstate Family Support Act (UIFSA).

Working With Our Firm: Why Griffin, Cain & Herbig, Attorneys at Law, PLLC?

Choosing the right legal team can make all the difference in your child support case. Here’s what you can expect when you work with us:

  • Experience: Our attorneys have years of experience practicing family law in Conroe, The Woodlands, and surrounding counties.

  • Client-focused service: We listen carefully, respond quickly, and prioritize your goals.

  • Tailored strategy: We understand that no two families are alike. We take the time to build a legal plan that fits your situation.

  • Courtroom strength: If negotiation fails, we’re prepared to represent you aggressively in hearings and trials.

  • Local advantage: We know the judges, opposing counsel, and court procedures in the counties we serve, giving your case a strategic edge.

We handle every aspect of the child support process—filing, defending, modifying, and enforcing—so you have a trusted partner at every step.

FAQs About Child Support In Texas

Can child support be waived?

Generally, no. Texas courts view child support as a right of the child, not the parent. Parents cannot permanently waive support in most cases.

When does child support end?

Child support typically ends when the child turns 18 or graduates from high school—whichever is later. It may extend beyond this point if the child is disabled.

Can child support be paid directly to the other parent?

While some parents informally agree to direct payments, Texas law prefers that payments go through the State Disbursement Unit (SDU) for tracking and enforcement purposes.

Can I go to jail for not paying child support?

Yes. Willful nonpayment can result in a finding of contempt, which carries penalties including fines and jail time.

Start With A Free Consultation Today

Whether you’re the parent seeking support or the one obligated to pay it, getting the right legal help early can prevent mistakes, protect your rights, and ensure your child receives the support they deserve.

📞 Call 936-539-1011 today to schedule your free consultation with a knowledgeable child support attorney at GCH Lawyers. We serve clients in Conroe, The Woodlands, and throughout Montgomery, Harris, Walker, and Grimes Counties.