Episode Summary:
In this comprehensive and insightful episode of The Jennifer Hargrave Show, Jennifer is joined by seasoned family law attorney Michelle Herron to explore one of the most misunderstood areas in divorce and custody: child support. With nearly 30 years of trial experience—including work as an Assistant Attorney General and Assistant Director of a nonprofit—Michelle shares her deep knowledge about how child support is calculated, enforced, and modified in Texas.

Effective child support negotiation in Texas starts with clear numbers and a plan. This guide walks through Texas child support guidelines, medical support, proofs of income, and documentation that strengthens your position, then explains modification of child support and enforcement risks—so Dallas parents can calibrate asks, avoid surprises, and build proposals that align with the best interests of the child.

From understanding child support guidelines percentages and net income caps to the common myths around wage withholding, Michelle breaks down the facts and explains what obligors and recipients need to know. The episode also covers the role of the Office of the Attorney General, how to avoid costly enforcement actions, and why it’s crucial to understand your rights and responsibilities—whether you’re paying or receiving support.

Whether you’re new to the child support process or considering a modification, this episode is an invaluable guide to navigating it with clarity and confidence.

Full Refined Transcript:

Jennifer Hargrave:
Today, we are going to unlock the mysteries of child support. We’ll talk about key strategies when negotiating support, how to avoid enforcement pitfalls—like ending up in jail if you’re the obligor—and how the child support system works in the state of Texas.

My guest today is Michelle Herron. Michelle is a seasoned trial attorney with nearly 30 years of experience helping clients navigate all kinds of family law issues, including child support. She’s worked as an Assistant Attorney General for the State of Texas and served as Assistant Director for a nonprofit helping clients with some of the most complicated family law cases. Today, she’s an attorney with Hargrave Family Law, and she brings her vast knowledge and experience to serve our clients.

Michelle, thank you so much for being here today.

Michelle Herron:
Thank you for having me.

Jennifer Hargrave:
Let’s start with the basics: What is child support?

Michelle Herron:
In a nutshell, child support is the amount a person is ordered to pay to support their child—both regular support and medical support.

Jennifer Hargrave:
There’s a whole system in Texas that governs how child support gets set. It’s not just based on expenses like diapers and formula. Walk us through how child support is calculated in Texas.

Michelle Herron:
A lot of people think it’s arbitrary or based on splitting expenses down the middle, but it’s actually based on a guideline chart developed by the state—originally stemming from federal requirements. It’s a percentage of net income and varies depending on how many children are involved.

Jennifer Hargrave:
So that’s what we mean when we talk about “guideline child support”?

Michelle Herron:
Exactly. The chart says, “This is your income, this is how many children you have in this case, and here’s the percentage you’ll pay.” For example, if you have one child and no other children, it’s 20% of your net income. Two children? 25%, and so on.

Jennifer Hargrave:
Let’s talk about net resources. What’s included and what’s not?

Michelle Herron:
You start with gross income—what your offer letter or pay stub shows. Bonuses are included too, based on the past 6–12 months or a pattern. You subtract defined tax withholdings and the cost of health insurance for the child only. Voluntary deductions like extra 401(k) contributions or charitable donations? Those don’t count.

Jennifer Hargrave:
So you can’t game the system by increasing your withholdings?

Michelle Herron:
Correct. Texas law specifies what deductions are allowed—basically taxes and the cost of the child’s insurance.

Jennifer Hargrave:
What documents should someone provide when child support is being calculated?

Michelle Herron:
It depends if they’re a W-2 employee or a 1099 contractor. But in general, we need their most recent tax return, pay stubs from the last year, and documentation on health insurance costs—usually from their employer’s benefit chart.

Jennifer Hargrave:
And the percentages only apply to a capped income amount, right?

Michelle Herron:
Yes. Currently, the cap is $9,200 net monthly income, which equates to about $150,000 gross annually. If someone earns more than that, additional support can be considered, but only under specific circumstances like private school, special needs, or extraordinary activities.

Jennifer Hargrave:
So if someone says, “My neighbor gets $5,000 a month in child support,” what could that mean?

Michelle Herron:
That could mean someone agreed to a higher amount outside of the guidelines. Judges generally stick to the guidelines unless there’s a compelling reason to go beyond the cap. But if it’s agreed upon, the court will likely approve it.

Jennifer Hargrave:
Let’s talk about medical support. The obligor is usually also responsible for providing insurance and splitting unreimbursed medical expenses. How does that work?

Michelle Herron:
Correct. The obligor typically provides the health insurance or reimburses the other parent. Uninsured health care expenses—like orthodontics, counseling, or therapy—are split, usually 50/50, unless otherwise agreed.

Jennifer Hargrave:
And that’s often where the details in the decree really matter.

Michelle Herron:
Absolutely. That section can be 25+ pages. It outlines how to submit expenses, request reimbursement, and what counts as a qualified expense. It’s crucial to understand and follow those rules exactly.

Jennifer Hargrave:
Let’s shift to common complaints. What do you hear from parents paying child support?

Michelle Herron:
The big ones are: “Why am I on child support? I support my child.” And, “Why do I have to pay through the state?” The answer is: It’s the law. Payments must go through the state disbursement unit, and wage withholding is required.

Jennifer Hargrave:
And wage withholding used to be considered punitive, but now it’s standard—even helpful.

Michelle Herron:
Exactly. It ensures the money is paid and recorded properly. It protects both the paying and receiving party.

Jennifer Hargrave:
What strategies do you recommend when preparing to negotiate child support?

Michelle Herron:
Have financial documents ready. Know your income, other children under 18, and the exact cost of health insurance for the child. That’s always the detail people forget.

Jennifer Hargrave:
And if you’re requesting more than guideline support?

Michelle Herron:
Come prepared with evidence—bank statements, credit card charges, tax returns showing after-school care and activities. People often underestimate the true costs.

Jennifer Hargrave:
Let’s talk about enforcement. What happens when someone falls behind?

Michelle Herron:
Child support enforcement is quasi-criminal. You can be jailed for non-payment. Typically, courts give the obligor a chance to catch up before resorting to jail. But if you don’t comply, it can escalate quickly.

Jennifer Hargrave:
Can you request a modification if you’ve lost your job?

Michelle Herron:
Yes, but you must file a formal request. Judges can’t change the order retroactively. File as soon as circumstances change.

Jennifer Hargrave:
What are other enforcement tools beyond jail?

Michelle Herron:
The Attorney General can intercept tax refunds, garnish bank accounts, put liens on property, suspend licenses (including fishing licenses!), and block passport renewals. Child support debt also survives bankruptcy.

Jennifer Hargrave:
If you’re owed back support, how do you keep the claim alive?

Michelle Herron:
Get a judgment confirming what’s owed at the time the child ages out. Then keep that judgment active to collect—possibly even through Social Security.

Jennifer Hargrave:
Can you talk about registry-only versus full services through the Attorney General?

Michelle Herron:
Registry-only means the state just records payments. If you need enforcement or modification, you have to request full services—they won’t act unless you ask.

Jennifer Hargrave:
Why is paying through the state beneficial to both parties?

Michelle Herron:
Because it’s a verifiable record. If you pay directly and there’s a dispute, it’s your word against theirs. Payments made outside the system can even be deemed gifts. Use the system—it protects you.

Jennifer Hargrave:
We’ve seen a lot of layoffs recently. If you’ve lost your job, that’s the time to consult with an attorney or request a modification. The court can’t change the support amount retroactively.

Michelle Herron:
Exactly. Don’t wait. File as soon as possible. It’s the only way to stop arrears from piling up.

Jennifer Hargrave:
And if the custody arrangement has changed—for example, the child now lives with the obligor—that’s also a time to file for a modification.

Michelle Herron:
Yes. Don’t wait. Get that new order in place as soon as possible to protect yourself and your child.

Jennifer Hargrave:
Michelle, thank you so much for taking time to help us better understand how the child support system works in Texas. Will you come back for our next episode on enforcement?

Michelle Herron:
Absolutely. I’d love to.

Jennifer Hargrave:
To learn more about Michelle Herron or to consult with her about a child support issue, visit hargravefamilylaw.com/. And don’t forget to subscribe so you don’t miss future episodes. Thanks for joining us!

Dallas Child Support Resources

• Texas Child Support: Navigating Complex Situations
• 2025 Texas Standard Possession Calendar
• Navigating Primary Custody in Texas
• How to Prepare for a Custody Hearing
• Child Custody When One Parent Moves Out of State
• Guardianship vs. Custody in Texas
• High-Conflict Co-Parenting: Tools to Lower the Temperature
• Children of Divorce: Attorney Advice for Parents
• Find a Dallas Child Support Lawyer

We’re more than just your attorneys

Ideally, child support is supposed to create a balanced arrangement that helps your child grow and thrive. Child-related expenses, like food, activities, doctor’s appointments, and education fluctuate depending on the age of the child. With the proper agreement, these needs and their possible fluctuations will not compromise the child’s well-being.

We know that being happy with your support order is not easy. It’s one of the many factors parent’s have to consider as they transition into their new post-divorce parenting routines. Hargrave Family Law has worked with families across the DFW Metroplex. Our offices are conveniently located in Farmers Branch, Dallas, Texas. We offer our clients peace-of-mind through excellent legal help and free family law resources on our site. Looking for legal counsel for your family law issue? Hargrave Family Law was founded by compassionate Dallas divorce lawyer Jennifer Hargrave. Give our team a call today.