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Child Support Lawyer in Lubbock
Nick L. Olguin handles child support cases in Lubbock: setting support in a divorce or custody case, changing an existing order, and collecting support that has not been paid. He opened his practice, Olguin Law Firm (legal name The Law Office of Nick L. Olguin), in Lubbock in 2007, and his office has Spanish-speaking staff.
Texas guideline child support
| 1 child | 20% |
| 2 children | 25% |
| 3 children | 30% |
| 4 children | 35% |
| 5 children | 40% |
Share of the paying parent’s monthly net resources, applied up to $11,700 a month.
How is child support calculated in Texas?
Texas sets child support with guidelines: a percentage of the paying parent’s monthly net resources, based on the number of children before the court.
| Children | Share of monthly net resources |
|---|---|
| 1 | 20% |
| 2 | 25% |
| 3 | 30% |
| 4 | 35% |
| 5 | 40% |
| 6 or more | Not less than the amount for 5 |
For example, a parent with $4,000 a month in net resources and two children before the court has a guideline amount of $1,000 a month. The percentages apply to net resources up to $11,700 a month, the cap the Attorney General’s office published effective September 1, 2025 (it was $9,200); the cap is adjusted for inflation every six years. A higher cap does not change an existing order by itself; a parent has to ask the court to change it. A parent with less than $1,000 a month in net resources has lower percentages, from 15% for one child to 35% for five. The guidelines also offer a different table when the paying parent supports children in another household.
Above the cap, the guideline amount still applies to the first $11,700, and the judge can add support based on the child’s proven needs, up to the greater of the guideline amount or 100% of those needs. A judge can also set an amount different from the guidelines when the evidence shows the guideline amount would not be in the child’s best interest, weighing things such as the child’s age and needs, each parent’s ability to contribute, child care costs, parenting time, travel costs for visits, and unusual educational or health care expenses.
What counts as income for child support?
Nearly all income counts toward a parent’s resources:
- all wage and salary income, including overtime, commissions, tips and bonuses
- self-employment income
- interest, dividends and royalties, including mineral royalties
- net rental income
- other income such as severance pay, retirement and pension benefits, unemployment, disability and workers’ compensation benefits, and spousal maintenance
Not counted: return of principal or capital, accounts receivable, federal public assistance such as TANF, and foster care payments.
To reach net resources, the law subtracts social security taxes, federal income tax (figured as a single person with the standard deduction, whatever the parent’s actual filing status), union dues, the cost of the child’s health and dental insurance or cash medical support, and, only for a parent who does not pay social security tax, required retirement contributions. Texas has no state income tax. If there is no evidence of a parent’s income, the court presumes the parent earns the federal minimum wage for a 40-hour week.
Health and dental insurance for the child
Every support order also covers the child’s health and dental insurance. The parents must disclose the child’s current coverage and what it costs, and the order says how coverage will be provided. Health insurance is at a reasonable cost when it is no more than 9% of the paying parent’s annual resources; dental insurance, no more than 1.5%. What the paying parent spends on the child’s coverage is subtracted before the guideline percentage is applied. Courts usually order the parents to split all uninsured costs.
How long does child support last in Texas?
Usually until the child turns 18 or graduates from high school, whichever is later; support past 18 continues only while the child is enrolled in high school and meets the attendance rules. It ends sooner if the child marries, joins the military, is otherwise emancipated or dies. For a child who needs substantial care because of a disability that existed before 18, and who cannot be self-supporting, support can continue indefinitely.
How does a child support case work in Lubbock County?
Child support cases in Lubbock County are filed with the District Clerk at the Lubbock County Courthouse, 904 Broadway. These rules shape them:
Both parents trade financial and insurance papers
In a case involving children, the county’s standing order (adopted January 13, 2026) requires each parent to hand over pay stubs and other income records for the six months before the first hearing, tax returns for the last two years, a financial statement, and the details of each child’s health and dental insurance, within 30 days of the parent’s appearance in the case and at least 24 hours before any hearing.
The local rules require financial documents too
When support is at issue, each party must furnish financial documents, including a monthly income and expense statement and payroll records. A party who does not can face a pretrial hearing and sanctions.
The family law associate judge hears changes and enforcement first
Motions to change or enforce child support go first to the county’s family law associate judge.
Attorney General cases go to the Title IV-D associate judge
Cases brought through the Texas Attorney General’s Child Support Division are heard by the county’s Title IV-D associate judge. The Attorney General’s lawyers represent the State of Texas, not either parent, so each parent can have a lawyer of their own.
Payments go through the State Disbursement Unit
Support is paid through the state’s disbursement unit, and every order that sets, changes or enforces support includes an order withholding it from the paying parent’s earnings.
Changing a child support order
A court can change child support, including the health and dental insurance terms, when either is true:
- the circumstances of the child or a parent have materially and substantially changed since the order was made, or since the signing of the mediated or collaborative agreement it is based on
- at least three years have passed since the order was set or last changed, and the guideline amount differs from the current order by 20 percent or $100 a month
The three-year route does not apply when the parents agreed to an amount different from the guidelines; those orders change only on a material and substantial change since the order was made. A new amount generally applies only to payments due after the other parent is served with the request or appears in the case, so waiting to file can cost money. The Lubbock County District Clerk’s posted fee schedule (effective January 1, 2024) lists $95 to file a modification or enforcement in a parent-child case.
Collecting unpaid child support
A parent who is owed support can ask the court to enforce the order. The court can hold the other parent in contempt and can confirm the unpaid amount as a money judgment, which earns 6% simple interest a year until it is paid. Deadlines run from the date the child becomes an adult or the support duty ends: within two years to ask for contempt, and within ten years to ask for a money judgment. The clerk’s schedule lists $80 for a judicial writ of withholding, which orders an employer to take support from the paying parent’s earnings.
Support when the parents never married
Parents who never married can ask the court to set child support, along with custody and a schedule; the father’s parentage may need to be established first. When a parent has not been ordered to pay support for the child before, the court can also order support for past years, called retroactive support. An award no larger than the support that would have been due for the four years before filing is presumed reasonable, unless the father knew or should have known he was the father and tried to avoid support. The court weighs the father’s resources during that time, whether the mother tried to tell him, whether he knew, whether the order would cause undue hardship, and any support he already gave.
Your first meeting with Nick
Your first meeting is a consultation with Nick. The consultation fee is $100.
Bring what you have
- court papers you have filed or been served with
- any existing orders about your children or support
- recent pay stubs and your last two tax returns
- the children’s health and dental insurance details
- a record of support paid or missed, if there is an order now
- your questions, written down
Common questions
How much is child support in Texas?
The guidelines set child support at 20% of monthly net resources for one child, 25% for two, 30% for three, 35% for four and 40% for five, applied to net resources up to $11,700 a month.
What is the maximum child support in Texas?
There is no fixed maximum, but the guideline percentages stop at $11,700 a month in net resources, the cap since September 1, 2025. At the cap, the guideline amount is $2,340 a month for one child and $2,925 for two. Above it, the judge can add support based on the child’s proven needs, but the total cannot be more than the greater of the guideline amount or 100% of those needs.
Does overtime count for child support in Texas?
Yes. All wage and salary income counts, including overtime, commissions, tips and bonuses, along with self-employment income, royalties and most other income.
How do I change child support in Lubbock?
By filing a request to modify the order in the court that made it; for a Lubbock County order, that filing goes through the Lubbock County District Clerk. You need a material and substantial change in circumstances, or three years since the last order and a guideline amount at least 20 percent or $100 a month different. A new amount generally applies only to payments due after the other parent is served or appears in the case, and the clerk’s posted schedule lists $95 to file.
What happens if child support is not paid in Texas?
The parent who is owed support can ask the court to enforce the order. The court can hold the other parent in contempt, confirm the unpaid amount as a money judgment that earns 6% simple interest a year, and order support withheld from the paying parent’s earnings. A request for contempt must be filed within two years after the child becomes an adult or support ends, and a request for a money judgment within ten years.
When does child support end in Texas?
Usually when the child turns 18 or graduates from high school, whichever is later, as long as an 18-year-old is still enrolled and attending. It ends sooner if the child marries, joins the military, is otherwise emancipated or dies. Support for a child whose disability existed before 18 and who cannot be self-supporting can continue indefinitely.
Does joint custody mean no child support in Texas?
No. Being joint managing conservators does not by itself change the guideline amount. How much time each parent has with the child is one of the things a judge may weigh in deciding whether to set an amount different from the guidelines.
Can parents agree to a different amount of child support?
Yes, if the judge approves it as in the child’s best interest. An agreed amount that differs from the guidelines can later be changed only on a material and substantial change in circumstances, not on the three-year route.
Does the Attorney General’s office represent me in a child support case?
No. In cases brought through the Texas Attorney General’s Child Support Division, the Attorney General’s lawyers represent the State of Texas, not either parent. Each parent can hire a lawyer of their own.
Does the office speak Spanish?
Yes. Our office has Spanish-speaking staff, and a case can be handled in Spanish from the first call to court.
Which areas does Nick serve?
Nick handles child support cases in Lubbock County and the surrounding counties: Hockley, Hale, Lamb, Lynn, Crosby, Garza, Dawson, Terry and Floyd.
About Nick L. Olguin
Nick L. Olguin graduated from Oklahoma City University School of Law in 2002 and has been licensed to practice law in Texas since December 2002. Olguin Law Firm was founded in 2007. His current office, at 1306 Avenue R, Lubbock, TX 79401, opened in April 2025.
Other family law matters Nick handles
Family Law Attorney in Lubbock
Nick L. Olguin handles divorce, child custody, child support and changes to court orders for Lubbock families.
Divorce Lawyer in Lubbock
Nick L. Olguin handles contested and uncontested divorces in Lubbock, including property, custody and support.
Child Custody Lawyer in Lubbock
Nick L. Olguin handles child custody, visitation and changes to custody orders in Lubbock, including cases between parents who never married.
Talk to Nick about child support
Call (806) 741-1111 or send the short form below. Office hours: Monday to Thursday 8:30 a.m. to 5:30 p.m., Friday 8 a.m. to 5 p.m.
Olguin Law Firm · 1306 Avenue R, Lubbock, TX 79401
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