It is a common misconception that only the parent who earns less is eligible to receive child support. However, the truth is that Texas courts do not base child support solely on which parent earns the most money.
Instead, they base it on the child’s needs and the structure of the custody arrangement.
Just Because You Earn More Doesn’t Mean Child Support Is Off the Table
In Texas, the parent with primary custody—meaning the one who has the child most of the time—is typically the one entitled to receive child support. Your income may be higher than your ex’s, but that does not automatically eliminate their obligation to contribute financially. Child support is about shared responsibility, not equal income.
How Child Support is Determined
In Texas, child support is calculated using guidelines that consider the following:
- The noncustodial parent’s income
- The number of children involved
- Healthcare and insurance needs
- Daycare and education costs
- Any special needs of the child
Why Would the Higher-Earning Parent Receive Support?
Suppose you are the primary custodian, and you earn significantly more than your ex. Even so, you are also covering most of the child’s living expenses, transportation, school supplies, extracurricular costs, and much more. In this case, the court may still order the other parent to contribute through child support, ensuring both parents are financially responsible in proportion to their role.
If you are unsure about your rights or feel you are shouldering more than your share of the financial burden, it is worth having a conversation with a family law attorney. They can assess your custody arrangement, calculate what is fair under Texas law, and help you understand your options, whether you are seeking child support or modifying an existing order.
Final Thoughts
Yes, you can request child support even if you earn more than your ex. The key factor is not your income, but whether you are the primary caregiver. Every child deserves the full support of both parents, regardless of how much either one earns. If you are navigating this situation, do not make assumptions based on income alone. Get the facts and take the steps needed to protect your child’s best interests.
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