Blog Post
Do Gifts Count Toward Child Support Payments in Texas?
7/21/2023
Many parents wonder if gifts count toward child support payments in Texas. The short answer is no. In Texas, child support payments are based on a formula that considers the non-custodial parent’s income and the number of children they have. Gifts are not considered part of this calculation, as they are not regular, ongoing expenses. Child support is meant to cover the day-to-day expenses of raising a child, such as food, housing, clothing and health insurance. While your children probably appreciate gifts, they do not go toward the ongoing costs of raising a child. That said, if you are struggling to make your child support payments, you may have legal options. You may be able to modify your child support order if your financial situation has changed since the original order was issued. A modification may be granted if there has been a “material and substantial change” in circumstances, such as a job loss or reduction in income. Ultimately, the most important thing is to ensure your children are cared for, even if that means making sacrifices in other areas of your life to pay child support. If you have concerns about your child support payments or need help modifying your child support order, it’s important t speak with an experienced family law attorney. Our team has extensive experience handling child support cases in Texas. We can help you understand your legal rights and options and work to ensure that your children’s needs are being met and your obligations are being fulfilled.
How Are Child Support Payments Calculated in Texas?
Under the Texas Family Code, child support payments are calculated using a formula based on the income of both parents and the number of children they have. The formula considers the parent’s gross income, which includes all income before taxes and other deductions. The calculation also considers any Social Security taxes, Medicare taxes, and other deductions required by law. Additionally, certain expenses, such as health insurance premiums and childcare costs, may be factored into the calculation. The formula used to calculate child support in Texas is as follows:
For one child: 20 percent of the non-custodial parent’s net income
For two children: 25 percent of the non-custodial parent’s net income
For three children: 30 percent of the non-custodial parent’s net income
For four children: 35 percent of the non-custodial parent’s net income
For five or more children: 40 percent of the non-custodial parent’s net income
The calculation is based on the non-custodial parent’s income, meaning the parent with primary custody of the child is not factored into the calculation. However, the custodial parent’s income may be considered if the non-custodial parent can demonstrate that the custodial parent’s income is significantly higher than their own.
How Child Support is Paid in Texas?
According to the Texas Attorney General, there are six ways to pay child support including:
Electronically Online
By Mail
Cash or Money Order
Kiosk Locations
Wage Withholding
Bank Autodraft
As you can see by this list, gifts do not count as child support. If you give your child a gift in lieu of child support, you will not get credit for it – even if the other parent agrees to it. That means it will not be deducted from your child support obligation and you will still be required to pay the full monthly amount.
Questions About Child Support? Contact Us.
If you have questions about how child support payments are calculated in Texas or need help understanding your legal options, we can help. Our team of attorneys at Varghese Summersett Family Law Group has decades of combined experience fighting and winning child support cases in Texas. Call us today at to schedule a consultation with an experienced Fort Worth child support attorney.