How is Texas Child Support Impacted by Having Another Child?

 Posted on February 21, 2025 in Family Law

If you are a parent currently paying child support, you may wonder whether the amount you pay will change because you and your new spouse are expecting a child. The answer to that question is more complex than you might imagine. While lowering child support payments could be possible, it is not automatic, and you might or might not be successful in having your payments lowered.

It is important to know how child support works in Texas so you have a comprehensive understanding of whether your child support payments can be adjusted because you have a new baby. Speaking to an experienced Hurst, TX, family law attorney can be extremely beneficial as you navigate child support issues.  

How Is Child Support Calculated in Texas?

The state of Texas uses a fairly simple formula when calculating child support based on the paying parent's income and the number of children to be supported. The more children, the higher the percentage of the paying parent’s income goes toward child support. The resulting amount is meant to pay for the child’s basic needs.

Any extraordinary expenses will be factored into the amount of child support. For one child, the paying parent will pay 20 percent of his or her net income. Two children result in 25 percent; three children = 30 percent; four children = 35 percent; five or more children = 40 percent.

Income that counts toward child support includes:

• Wages, salary, bonuses, overtime, and tips
• Income from self-employment
• SSD and VA disability benefits
• Social Security retirement benefits
•  Unemployment benefits
• Workers’ compensation benefits

Supplemental Security Income (SSI), VA pensions, and Temporary Assistance for Needy Families (TANF) are excluded from child support calculations.

Is the Amount of Child Support Lowered When a New Baby is Born?

Simply having another child does not automatically lower child support payments for children born of a previous marriage. The paying parent can ask the court to take another look at his or her situation now that there is another child to consider, or both parents of the children from the previous marriage can agree on their own to lower child support payments.

Modifications of child support can be requested when there is a "material and substantial change in circumstances." Having another child falls under this change in circumstances, but the court will look at the paying parent’s overall financial situation and will consider the needs of each child before agreeing to lower child support payments.

The process of requesting lower child support payments after the birth of a new baby includes:

• Filing a petition for modification
• Providing financial evidence in the form of current expenses, pay stubs, and tax returns.
• Attending a court hearing where evidence is presented to the judge.
• Waiting for the court to make a decision

It is important to note that the court may or may not agree to lower child support payments. Some parents have been unpleasantly surprised to find that after looking at a parent’s income, the court increased child support payments despite having a new child to support. So, if the parent’s income has increased since child support was initially determined, it is advisable to proceed with caution when attempting to have child support lowered.

Contact a Tarrant County, TX Child Support Lawyer

If you are concerned about managing your financial obligations as your family grows, speaking to a highly skilled Hurst, TX child support attorney from Daniel R. Bacalis, P.C. is a good first step. Attorney Bacalis is a Board-Certified Family Law Specialist who has nearly 40 years of experience in family law matters. To schedule your free consultation, call 817-498-4105.