Texas Child Support: Navigating Complex Situations

by Jennifer Hargrave - Dallas Divorce Attorney | Feb 25, 2025

In this episode of The James Show on News Talk 820 WBAP, host James welcomes back Dallas family law attorney Jennifer Hargrave to discuss the complexities of child support, especially in cases involving multiple children from different relationships. Using high-profile examples like Elon Musk, they explore how Texas law calculates child support, the challenges of securing financial support, and the misconceptions surrounding high-income earners. Jennifer also shares valuable insights on when and how child support orders can be modified. Tune in for an eye-opening conversation that sheds light on the legal realities of co-parenting and financial responsibility.

Transcript:

James: Hey there! Welcome back to The James Show on News Talk 820 WBAP—now on FM 93.3. My next guest is a regular on the show—Dallas family law attorney Jennifer Hargrave is back! Jennifer, welcome back to The James Show.

Jennifer: Thanks for having me, James!

James: Before we dive into today’s topic, I have to put you on the spot. We’ve got an event tomorrow with Brian Kilmeade from Fox & Friends at Community Beer. If you’re free from 6 to 8, we’d love to have you there!

Jennifer: Community Beer? Great choice!

James: I’m taking that as a soft “no”… or maybe a definite “maybe”?

Jennifer: [Laughs] We’ll see!

James: Alright, well, let’s jump into today’s discussion. This is a topic that people might not talk about often, but it’s more common than they think—having children with multiple partners and the complexities that come with it. Elon Musk is a perfect example. He has, what, 11 or 12 kids now? And with multiple different women. Someone recently pointed out that even Donald Trump has children with three different women. And honestly, it’s not that unusual—I have cousins like that, and even my grandfather had children with three different women. It makes me wonder… how does this impact things legally? Doesn’t it make divorce and child support incredibly complicated?

Jennifer: Absolutely! Child support calculations can get extremely complex, especially when multiple children from different relationships are involved. And you don’t even have to be married for things to get messy—having children or owning property together can make disentangling relationships much more difficult.

James: That’s interesting. So, let’s break it down—how is child support calculated when someone has children with multiple partners?

Jennifer: First, it’s important to note that every state has different laws regarding child support. I can only speak for Texas, where the child support guidelines cap out at five children. If a parent has five or more children involved in a legal proceeding, the maximum child support amount under state guidelines is 40% of their net resources. In Texas, the net resources cap is currently $9,200, but that number is adjusted by the legislature every couple of years.

However, if a parent has additional children from other relationships, that percentage decreases incrementally. For example:

One child before the court: 20% of net resources
Two children: 25%
Three children: 30%
Five or more children (from the same parent): 40%

Now, if someone like Elon Musk has multiple children with different mothers, that percentage goes down. If he has seven or more children total, then a new child’s support percentage would drop to 13% under the guidelines.

James: So, if someone is thinking, “I’ll have a baby with Elon Musk and live a luxurious life,” that’s not exactly how it works?

Jennifer: [Laughs] No, not exactly! In Texas, child support does not guarantee a lavish lifestyle. Even if someone has a child with a billionaire, they would only receive a percentage of the capped amount—which, under current guidelines, would be around $1,200 per month per child in Musk’s case.

That being said, there are exceptions—Texas courts can award child support above the guidelines if there is a strong reason. But generally, it’s difficult to obtain an increase beyond the statutory amount.

James: Wow. So, if Elon Musk only had one child with one person, that person would get 40% of his net resources. But since he has multiple children with different women, each additional child gets a smaller percentage?

Jennifer: Exactly! If he only had children with one partner, that person would get 40% of his net resources for five or more children. But because his children are split among multiple mothers, each new child’s support percentage decreases.

James: And he doesn’t even seem to be living with any of them! I’ve heard that he sleeps at his factories during production, at the launch site before big tests, and even in DC when handling business matters. So, in a situation like that, is there a scenario where someone is better off financially staying unmarried rather than getting divorced?

Jennifer: Possibly! When a couple isn’t legally married, there’s no community property to divide in Texas. That means no alimony—just child support. So, if someone is expecting a huge financial benefit from having a child with a wealthy person, Texas law does not guarantee a luxurious lifestyle.

James: And in Musk’s case, the woman who just had his latest child is filing in New York, which has different laws, right?

Jennifer: That’s right. New York has a completely different child support system from Texas, so it’ll be interesting to see how that plays out.

James: That’s a huge reality check for anyone who thinks having a child with a billionaire is a financial jackpot. So, what happens if someone thinks they’re being underpaid in child support? Can they challenge it?

Jennifer: Yes! If someone believes their child support order is too low, they can request a child support review. At Hargrave Family Law, we have a team member who previously worked with the Attorney General’s Office enforcing child support, and she’s an expert in reviewing and modifying support orders. A parent can request a modification if their financial situation or the other parent’s income has significantly changed.

James: That’s good to know! Well, Jennifer, thanks for tackling this complicated—and kind of awkward—topic today.

Jennifer: [Laughs] My pleasure! Maybe I’ll see you at the event tomorrow, and we can talk about it more.

James: Sounds good! Jennifer Hargrave, everyone—applause!

Dallas Child Support Resources

Dallas Divorce Lawyer Jennifer Hargrave

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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.