Do Moms Have to Pay Child Support in Texas?

 Posted on September 16, 2025 in Divorce

When parents divorce or separate in Texas, questions about child support come up. One of the most common misunderstandings is that only fathers pay child support. In reality, Texas law does not base child support on the parent’s gender. Mothers can, and often do, pay support when the circumstances are right.

If you are facing a child support case, it is important to know how Texas law works. At The Law Offices of Kary L. Key, our Weatherford, TX child support attorney has over 25 years of experience guiding parents through the process and ensuring that support orders are fair.

What Does Texas Law Say About Mothers Paying Child Support?

Under the Texas Family Code Title 5, child support is owed by the "obligor" parent. The obligor parent is simply the one who does not have primary custody or who spends less time with the child. The parent who mostly cares for the child is called the "obligee" and receives support payments.

The law is gender-neutral. A mother can be the obligor if the father has primary custody, or if the parenting plan results in the father having more overnights with the child. The goal of the law is to make sure children have consistent financial support, no matter which parent provides the majority of care.

How Is Child Support Calculated in Texas?

Texas uses a percentage-based formula to set support amounts. The percentage depends on how many children are being supported:

• One child: 20 percent of the payor’s monthly net income

• Two children: 25 percent

• Three children: 30 percent

• Four children: 35 percent

• Five or more children: 40 percent

This calculation applies whether the obligor is the mother or the father. For example, if the father has custody and the mother earns more income, she will likely be ordered to pay based on these guidelines.

When Do Mothers Have to Pay Child Support?

Although it is less common, there are many situations where mothers pay child support in Texas. Some examples include when the father has primary custody after divorce. Mothers making child support payments is also more common when the parents were never married, and the father has been granted custody. If the mother has limited parenting time due to work schedules, relocation, or other reasons, she may likewise pay child support.

In each of these cases, the court will look at who has primary responsibility for the child’s daily needs. The parent without primary custody, regardless of gender, is responsible for child support.

Contact a Weatherford, TX Child Support Attorney

Child support in Texas is not about whether you are a mother or a father. It is about making sure children are supported by both parents. At The Law Offices of Kary L. Key, our Parker County, TX child support lawyer helps parents understand their responsibilities and protect their rights. Call 817-599-6969 today to schedule a consultation and discuss your case.