Many parents need to place their children in daycare while they are at work or school. Daycare can be a big financial strain for many parents, especially those who struggle to make ends meet. And the cost of daycare continues to climb. According to MyKidReports.com, the average monthly cost for daycare in Texas rose to $777 in 2024. Daycare costs for children with special needs may run even higher.
Raising a child can be very expensive, and child support is designed to help ensure that both parents are contributing financially to support the needs of their children and providing the resources necessary to protect their physical and emotional well-being.
So, is daycare included in child support in Texas?
Yes, any costs associated with the child or children at issue are broadly under the umbrella of “child support.” Child support goes beyond covering bare necessities such as housing and food. In general, education and daycare expenses are also covered by child support in Texas. In any child support matter, Texas’ statutory guidelines for child support will be used to examine factors—primarily the income of each parent—and arrive at a child support arrangement that makes sense.
Texas child support laws outline specific guidelines for calculating child support based on the number of children involved. For one child, the percentage of child support in Texas amounts to 20% of the non-custodial parent’s net monthly income. The percentage increases to 25% for two children, 30% for three children, 35% for four children and 40% for five children or more. It is also important to mention that these percentages can vary if the parent obligated to pay child support has other children outside of the particular suit at hand.be community property.”
What if daycare and other costs exceed the standard child support allowed in Texas?
The state of Texas will look at other factors when determining how much child support a parent will be ordered to pay, and daycare is one of those factors. According to Texas Family Code Sec. 154.123, “child care expenses incurred by either party in order to maintain gainful employment” is an additional factor the court will consider.
If you are the child’s primary conservator and believe the child support the other parent is paying combined with your income doesn’t meet the minimal reasonable needs of the child, including daycare expenses, you could go to court and ask the judge to modify your child support arrangements.
However, we highly recommend you seek legal advice before doing so. The state of Texas has strict guidelines regarding when and why parents can seek a modification of support. You will also need to come to court prepared with financial documents and other evidence to support your case.
Keep in mind, different counties and judges tend to approach these cases in different ways. That’s why it’s critical to seek legal advice from a family law attorney who is familiar with how the courts operate in the jurisdiction where you reside.
How a family law attorney can help with support matters
If you have primary physical custody and are receiving child support, a family law attorney can work with you to make sure that the guidelines have been properly followed and that all income and expenses have been accounted for in order to maximize support. If your circumstances have changed, say expenses for daycare and education have increased significantly, your attorney can guide you on when and how to proceed with a case to modify support.
On the other hand, if you are the parent who is paying child support, and your financial circumstances have changed, a family law attorney can review your financial situation and help make sure your current circumstances justify the support you are being asked to pay.
For example, if your income was higher in the year support was originally determined due to cashing in stock or a one-time bonus, an attorney can help you achieve a child support agreement that is based on your current, recurring income rather than that short-term spike in income. Again, Texas has strict guidelines regarding when and why a parent can seek a modification of support, and your attorney can advise you on timing and the evidence you need to support your case.
Contact us with questions about daycare expenses and child support
So, is daycare included in child support in Texas? Yes. If you have questions about modifying child support and want to know when, why and how you can proceed with a modification, the experienced family lawyers at the Sisemore Law Firm are here to help.
We know you want to make sure your child is cared for, and we can guide you on what steps to take to make sure that you are paying or receiving a fair amount in child support. Contact us online or call our office at (817) 336-4444 to schedule a confidential consultation with one of our experienced child support attorneys today.
