Texas Child Support Laws: Custody, the $11,700 Cap, Moving Out and Grandparents

Last verified October 27, 2026 against current Texas law

Texas child support laws start with a formula, not a negotiation. A judge applies a set percentage to the paying parent’s income, adds health insurance rules, and decides custody on its own track. The same body of law also answers questions that have nothing to do with money, such as whether a 17-year-old can move out, what age a child can stay home alone, and when a grandparent can ask for visits. This page covers the statutes, the 2025 change to the cap, and what applies in 2026.

Support formula	20% of net resources for one child, 25% for two, 30% for three, 35% for four, 40% for five. Family Code § 154.125
Monthly cap on the formula	$11,700 in net resources since September 1, 2025 (was $9,200)
How long support lasts	Until 18 or high school graduation, whichever is later. Longer for a disabled child. § 154.001
Health insurance	Required in every support order. Reasonable cost is up to 9% of the payer’s annual resources. § 154.181
Custody default	Joint managing conservatorship is presumed best for the child unless there is family violence or another finding. § 153.131
Stay home alone	No minimum age in Texas law. Neglect rules apply. § 261.001
Moving out early	Emancipation by court order at 17, or at 16 if living apart and self-supporting. § 31.001
Enforcement agency	Office of the Attorney General, Child Support Division

Texas child support laws: how the guideline formula works

The paying parent, called the obligor, owes a percentage of net resources for the children in the case. Net resources count wages, overtime, tips, bonuses, self-employment income, rental income and most other money received, minus Social Security tax, income tax, union dues and the cost of the child’s health coverage (Family Code § 154.062).

Children in the case	Share of net resources	Most the formula gives at the $11,700 cap
1	20%	$2,340 a month
2	25%	$2,925 a month
3	30%	$3,510 a month
4	35%	$4,095 a month
5	40%	$4,680 a month
6 or more	Not less than 40%	Set case by case

The Office of the Attorney General published the $11,700 cap in the Texas Register, effective September 1, 2025. The statute adjusts it every six years for inflation. The percentages did not change.

If the payer earns more than the cap, the court starts with the capped amount. It can order more only after the children’s proven needs are shown and weighed against both parents’ resources (§ 154.126). A cap increase does not rewrite an existing order. A parent has to ask for a change through the court.

Medical support and how long child support lasts

Every support order must address health coverage. A court counts coverage as reasonable when its cost is no more than 9% of the payer’s annual resources, and that limit covers all the children combined (§ 154.181).

Support runs until the child turns 18 or graduates from high school, whichever is later. It also ends if the child marries, is emancipated, or dies. For a disabled child, a court can order support for an indefinite period (§ 154.001). A child who turns 18 in January of senior year is therefore still covered until graduation.

Child support and custody for unmarried parents

Paternity comes first. A man is presumed to be the father if he was married to the mother when the child was born, or within 300 days after the marriage ended (Family Code § 160.204). For an unmarried man, fatherhood is established by a valid acknowledgment of paternity or by a court ruling (§ 160.201).

Until paternity is legally established, a court cannot order a man to pay support or give him a possession schedule. Once it is, both parents have the same standing in court. The Texas custody laws for unmarried parents are the same ones that apply after a divorce, and that includes fathers.

Texas custody laws: conservatorship and the standard possession order

Texas calls custody conservatorship. Under Family Code § 153.131, courts presume that naming both parents joint managing conservators serves the child, unless that would harm the child’s physical health or emotional development. A history of family violence removes the presumption. The law tells judges to decide without regard to the sex of either parent (§ 153.003), so there is no mother’s preference.

Joint conservatorship does not mean equal time. For parents who live 100 miles or less apart, most orders start from the standard possession order in § 153.312:

Period	Parent with possession rights
First, third and fifth weekends	Friday 6 p.m. to Sunday 6 p.m.
Thursdays in the school term	6 p.m. to 8 p.m.
Spring break	Even-numbered years
Summer	30 days. With written notice by April 1, in up to two blocks of at least seven days. Without notice, July 1 to July 31.

Parents can agree to a different plan, and a judge can order one when the facts call for it.

Child abandonment laws in Texas

Abandoning a child is a felony. Under Penal Code § 22.041, a person with custody or control who intentionally leaves a child somewhere with an unreasonable risk of harm commits an offense. Leaving with intent to return is a state jail felony. Leaving without intent to return is a third-degree felony, and it rises to a second-degree felony when a reasonable person would see imminent danger.

Not paying support is a separate crime. Penal Code § 25.05 makes it a state jail felony to intentionally or knowingly fail to support a child under 18, though inability to pay is an affirmative defense. Courts can also use contempt to enforce an order (Family Code § 157.001).

Texas has a safe haven law for newborns. A parent can hand a child who appears to be 60 days old or younger to a designated emergency infant care provider, such as a hospital or fire station, without intent to return and without being asked to identify themselves (Family Code § 262.302). That parent is not charged under the abandonment statute.

Can you legally move out at 16 or 17 in Texas?

Not just by leaving. Until a minor is emancipated, the parents keep the right to decide where the child lives. A court can remove the disabilities of minority if the minor lives in Texas, supports themselves and manages their own money, and is 17 or is at least 16 and lives apart from parents (Family Code § 31.001).

Running away is not a crime for the teen. For a child ages 10 to 16, it is conduct indicating a need for supervision, which goes to juvenile court rather than a criminal docket (Family Code § 51.03). A 17-year-old is outside that juvenile track for new conduct. The legal risk falls mostly on adults. Knowingly harboring a runaway under 18 is a Class A misdemeanor (Penal Code § 25.06). Relatives within the second degree are exempt, and so is anyone who tells police or the child’s home within 24 hours.

What is the legal age to stay home alone in Texas?

Texas sets no minimum age. The law judges supervision through the neglect statute instead. Neglect includes placing a child in a situation beyond their maturity that causes injury or immediate danger (Family Code § 261.001). A mature 12-year-old home for an afternoon is judged very differently from a 6-year-old home overnight. Leaving a child younger than 7 in a vehicle for more than five minutes with no one 14 or older present is a separate Class C misdemeanor under Penal Code § 22.10.

Grandparents’ rights in Texas

Grandparents have limited rights. A grandparent can sue for visits, but must attach an affidavit saying that denying access would significantly impair the child’s physical health or emotional well-being (Family Code § 153.432). To win over a parent’s objection, they must overcome the presumption that a fit parent acts in the child’s interest (§ 153.433).

The grandparent must also be the parent of one of the child’s parents, and that parent must be deceased, incompetent, jailed for three months before filing, or have no access to the child.

Curfews and San Antonio

House Bill 1819 (2023) bars Texas cities, San Antonio included, from adopting or enforcing curfews on people under 18. A San Antonio teen out late is not breaking a city curfew today. Parents are still responsible under the neglect rules described above, and school attendance laws still apply.

Real situations under Texas child support laws

Your ex lost their job

The order stays in force. Ask the court to modify it as soon as your income changes rather than simply paying less, and keep proof of the job loss.

You never married the other parent

If you are the father and no paternity was established, file a paternity suit or sign an acknowledgment. Only then can a court set support and a possession schedule for your child.

Your child turns 18 in the middle of senior year

Support continues until graduation under § 154.001. Check your order for the end date and whether it states a specific date.

Myths vs. facts about child support in Texas

Myth	Fact
“Mothers always get custody.”	The statute presumes joint managing conservatorship and bars deciding by the sex of the parent.
“Support stops on the 18th birthday.”	It continues until high school graduation if that comes later.
“If I do not see my kid, I do not owe support.”	Support and possession are separate. Withholding visits does not excuse payments, and courts treat the two issues separately.
“The new cap lowers or raises my order automatically.”	Existing orders change only through a court or review process.
“A 16-year-old can just leave.”	Only a court order of emancipation changes that. For a child under 17, leaving can bring a juvenile case.

Timeline: recent changes

Date	What happened
September 1, 2023	House Bill 1819 barred cities from enforcing youth curfews.
September 1, 2025	The guideline cap rose from $9,200 to $11,700 in net monthly resources.
2026	No regular legislative session. We found no 2026 change to the percentages or duration rules.
January 2027	The next regular session opens and could revisit family law.

Frequently asked questions

What are the child support laws in Texas?

Texas uses a percentage of the payer’s net resources, 20% for one child up to 40% for five, under Family Code § 154.125. The formula applies to net resources up to $11,700 a month. The order must include health coverage, and support generally runs until 18 or high school graduation.

What is the child support cap in Texas for 2026?

The cap is $11,700 in monthly net resources, effective September 1, 2025. At that level the formula yields up to $2,340 for one child. Courts can order more above the cap only if the children’s proven needs justify it.

Do I still owe child support if I do not see my child?

Yes. Child support and possession are separate parts of a Texas order, so a parent cannot stop paying because visits are denied. Either problem is handled by asking the court to enforce the order, not by self-help.

Can you legally move out at 17 in Texas?

Only through emancipation. At 17 a minor who lives in Texas, supports themselves and manages their own money can ask a court to remove the disabilities of minority under Family Code § 31.001. Without that order, the parents still decide where the child lives, and adults who shelter the teen risk a harboring charge.

What legal rights do grandparents have in Texas?

They can file for visits, but they must prove that denying access would significantly impair the child’s physical health or emotional well-being, and they must fit one of the situations in Family Code § 153.433. A fit parent’s decision carries a presumption in court.

Is it legal to run away in Texas?

A teen who runs away is not charged with a crime. The conduct is treated as needing supervision under Family Code § 51.03 and goes to juvenile court for children ages 10 to 16. Adults who knowingly shelter a runaway can face a Class A misdemeanor under Penal Code § 25.06 unless they report it within 24 hours.

If this affects you: if you are filing, responding to a suit, or behind on payments, speak with a Texas-licensed family law attorney before you miss a court date or sign an agreement. The Texas Attorney General’s Child Support Division can open a case, locate a parent and enforce an order. This guide is general legal information, not advice for your situation. Our marriage, family and relationship guides cover related topics, including Texas divorce laws and common law marriage. For other age limits, see our guide to the legal age rules in Texas. Read how we research every guide in our editorial policy, or report an error.