Can You Negotiate for More Child Support?
Child support is one of the most important financial issues parents face during and after a divorce. Understandably, many people want to know whether they can negotiate for more child support, either during the initial court process or later as circumstances change.
Parents can request an increase in child support in some cases and, with the help of a knowledgeable lawyer, may be able to aggressively negotiate for higher payments. However, Texas law sets guidelines and limits on when this is possible and what the court will approve. At Brandon Wong & Associates, our San Antonio child support lawyers exclusively practice family law. We have both the breadth and depth of knowledge families need to tackle whatever issues they are having and we are ready to help you.
How Does Child Support Get Calculated in Texas?
Texas uses statutory guidelines to calculate child support based on the paying parent’s net income and the number of children. Under the Texas Family Code § 154, the law usually requires 20 percent of a parent’s net monthly income for one child, 25 percent for two children, and higher percentages for additional children. These guidelines apply to the first $9,200 of net income per month (adjusted periodically for inflation).
Although these guidelines are the starting point, Texas courts can order a higher amount if the child has special needs or if the parents agree on a figure that is more than the legal minimum.
Can Parents Agree to Higher Support than the Law Requires?
Parents in Texas are allowed to negotiate for child support that is higher than the guidelines require. For example, a parent in corporate management with a high salary may agree to pay for private schooling, extracurricular activities, or a child’s complete medical costs.
Even when both parents agree about how much child support payments should be, the judge must review the arrangement to ensure it is in the best interest of the child. Courts will typically approve higher child support agreements if they are reasonable and do not violate Texas law.
Changing Existing Child Support Orders
In addition to negotiating during the initial divorce or custody case, parents can later ask for a modification if circumstances have changed. Under Texas law, a parent must show that there has been a "material and substantial change" in circumstances since the last order. This could include a significant increase in the paying parent’s income, the development of new medical or educational needs for the child, or other factors that justify an increase.
However, the court will not automatically approve a request for more child support. The parent making the request must present good evidence and argue that the increase would support their child’s best interests.
Contact a Bexar County, TX Child Support Attorney
If you are taking care of minor children and are hoping for a greater amount of child support, contact a San Antonio, TX child support lawyer at Brandon Wong & Associates. We provide strategic legal guidance to help parents protect their children’s needs and navigate Texas family law with confidence. Call 210-201-3832 to schedule a consultation today.