Childcare and Child Support in Texas: How Daycare Costs Are Handled

In Texas, daycare is usually not built into the basic child support formula. A judge can account for work-related child care costs by ordering support that differs from the guidelines, or by ordering the parents to split daycare costs as an additional obligation. Parents can also agree on how to share these costs in their order. If your costs change later, you can ask the court to modify the order.

This guide explains how the pieces fit together, what to ask for, and what to do if you are already under an order.

TL;DR

• Texas guideline child support is a percentage of the paying parent’s monthly net resources. Work-related child care is not part of that calculation. A court can address it as a deviation from the guidelines.
• Courts have ordered parents to split daycare costs, for example 50/50, as additional support paid to the provider.
• If you cannot afford care, the state’s Child Care Services program offers scholarships to eligible families, whatever your support situation.
• If costs, income or schedules change, the order may be modified. Keep paying what the current order says until a judge changes it.
• Put daycare in writing. Vague language is the most common source of later disputes.

Table of Contents

• How Texas child support works before childcare enters the picture
• Is daycare included in Texas child support?
• How judges have ordered daycare in Texas
• Medical and dental support are separate
• How support is ordered and paid
• Help paying for child care: the state scholarship program
• When child care costs or circumstances change
• Common mistakes with childcare and support
• Our perspective
• Work with a Woodlands family law attorney
• FAQ
• Sources

How Texas child support works before childcare enters the picture

To see where daycare fits, start with the base amount. Texas guidelines set support using the number of children and the paying parent’s net resources. Net resources include most income sources: wages, self-employment income, investment income, retirement benefits, most Social Security benefits, VA disability benefits (not VA pension), unemployment benefits and workers’ compensation.

The statute sets the percentages. For one child the guideline is 20% of the obligor’s net resources, 25% for two children, 30% for three, 35% for four and 40% for five. A separate low-income schedule applies to parents with the lowest net resources.

The guidelines are designed for a ceiling too. The Attorney General’s calculator states that the guidelines apply to monthly net resources of up to $11,700, and that its result is an estimate. The amount a court sets or approves can differ.

Here is a simple illustration. A father with $4,000 in monthly net resources and one child would have a guideline figure of $800 per month (20% of $4,000). That figure is for basic support. Daycare is a separate question.

For a fuller walk-through of the basics, see our guide to child support in Texas.

Is daycare included in Texas child support?

Not as a line in the formula. The Attorney General’s Child Support Division explains in its guidelines review report that work-related child care is handled as a deviation from the guidelines if the court considers the cost, with adjustments made case by case. The same report points to Texas Family Code § 154.123(b)(6): a court may consider child care expenses a parent pays to keep a job when deciding whether the guidelines would be unjust or inappropriate in a given case.

In practice that means:

1. The court starts with the guideline amount.
2. A parent shows that child care is a real, work-related expense.
3. The court decides whether to adjust support or add a separate daycare obligation.

That is a judgment call, so how well you document your costs matters. Texas Law Help also notes that a judge may consider child-care expenses when deciding whether to order support in an amount different from the guidelines.

A note on other models: some states use an income-shares formula in which child care is added to basic support and divided by each parent’s share of income. That is not how Texas builds its guideline number, so do not assume a friend’s experience in another state applies here.

How judges have ordered daycare in Texas

A 2025 Texas appeals court decision shows one common structure. In Ponzio v. Ponzio, the trial court ordered additional child support requiring each parent to pay 50% of the children’s daycare costs directly to the daycare provider. That is one example, not a rule. Your order depends on your facts and your judge.

Orders and agreements commonly handle daycare in one of these ways:

If you are negotiating, ask for language that covers the details below.

What a clear daycare provision should say

• Which care counts. Daycare, after-school programs, summer day camps, a nanny, or only licensed centers.
• The purpose. Care needed so a parent can work, look for work, or attend school or training.
• The split. A percentage or dollar amount for each parent.
• Who pays whom. To the provider directly, or as reimbursement to the other parent.
• Proof and timing. Receipts or invoices within a set number of days, and reimbursement within a set number of days after that.
• Choosing the provider. Whether both parents must agree before enrolling a child in a new program.
• End point. The child’s age or grade when the provision stops. This is a common gap: daycare for younger children is often addressed in an order, but the age at which it ends has to be settled in court.

A vague clause such as “the parents will share daycare” invites arguments over every invoice.

Medical and dental support are separate

Parents often confuse daycare with other add-ons. Health insurance and medical costs have their own rules. Texas provides a way to account for the paying parent’s health and dental insurance cost within the calculation, by deducting it when figuring net resources, according to the Attorney General’s guidelines review report. We cover the caps and what each parent must provide in medical support in Texas.

How support is ordered and paid

A child support order sets the monthly child, medical and dental support a noncustodial parent must pay. The Attorney General’s Child Support Division collects and disburses support payments and enforces orders, and there are several ways for parents to pay or receive support.

Most orders are paid through income withholding, which means support comes out of the paying parent’s paycheck and is sent through the state. Timing matters when an order starts. Our article on wage withholding for child support explains what to do by the first pay period.

An important point for daycare: if your order says a parent pays the provider directly, that payment is generally separate from the monthly support that moves through withholding. Read your order carefully to see which payments are which, and keep your own records of both.

Help paying for child care: the state scholarship program

Support from the other parent is only one source of help. The Child Care Services (CCS) program provides help with child care costs through scholarships. According to Texas Child Care Connection, families must live in Texas and have a child under age 13 (or under 19 with a disability). The child must be a U.S. citizen or have legal immigration status. The family must also meet at least one more condition, such as income limits, needing child care to work, look for work or attend school or training, experiencing homelessness, or having a deployed military parent. There are additional participation requirements.

To apply, parents create a Parent Central account and submit an Eligibility Screener and Waitlist Application. If you appear potentially eligible after review, you then submit a Standard Application. Because funding and waitlists change, check the official page for current rules before you plan your budget around a scholarship.

You can also call 2-1-1 for local child care help. The Texas Health and Human Services parent resources point families to that line and to the Texas Workforce Commission program.

When child care costs or circumstances change

Child care costs change fast. A baby moves to a toddler room, a child starts school and needs after-school care, a parent changes jobs or shifts, or a parent relocates. Each one can make an older order a poor fit.

What to do:

1. Keep following the order. Do not reduce payments on your own, even if costs dropped or the other parent stopped using the daycare. A court order stays in force until a judge changes it, and unpaid support can be enforced.
2. Document the change. Collect invoices, tuition notices, schedule changes, pay stubs, and any messages with the other parent about the change.
3. Try to agree first. Parents who agree can often present a written agreed modification to the court. It is faster and less costly than a contested hearing.
4. File to modify if you cannot agree. Texas courts can modify support orders when circumstances have materially and substantially changed, or when enough time has passed since the order and the guideline amount would differ significantly. The rules are in Chapter 156 of the Texas Family Code. Our article on starting a Texas custody modification explains the process and the statutes involved.
5. Mind the effective date. A modification generally affects payments from the time the court allows, not automatically from when the cost changed. That is one reason to act soon after a real change instead of waiting.

A relocation can also change daycare arrangements, travel and costs. Review Texas relocation rules before moving a child so you do not create a contempt problem while solving a cost problem.

Common mistakes with childcare and support

• Assuming daycare is automatic. Because it is not part of the formula, it must be raised and proven or agreed on.
• Leaving it out of an agreed order. Once the order is signed, adding it later requires a modification.
• Paying informally. Cash or Venmo payments with no written record are hard to prove later.
• Skipping the receipts. If your order requires proof for reimbursement, missing paperwork can cost you.
• Using withheld support as a reason to refuse a daycare share. They are separate obligations unless your order says otherwise.
• Believing myths. Many parents carry assumptions from friends or the internet. See our list of common child support myths.

Our perspective

We meet parents who are sure daycare is “already included” in child support, and parents who are sure the other parent owes half of everything. Both are often surprised.

Our view is that child care should be addressed on purpose, in writing, at the time the order is made. That is when you have the most leverage to define what counts, how it is split, how it is documented, and when it ends. Fixing it later is possible, but it is slower and more stressful for everyone, including the child.

We prepare each case with the family’s real schedule and budget in mind: work hours, the child’s age, the likely path from daycare to after-school care, and what the paying parent can sustain. We explain each step in plain terms so you know where your case stands and what the court is likely to ask for.

Whether you are a mom or a dad, the goal is the same: a clear order that protects your child’s stability and that you can follow without constant disputes.

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Work with a Woodlands family law attorney

If you are setting up a new order, responding to a request, or trying to fix an order that no longer fits your child care costs, the Law Office of Anna Din can help. We handle child custody and support matters, including modifications, enforcement and paternity cases, for families in The Woodlands, Houston and surrounding Texas communities.

Bring your current order (if you have one), recent daycare invoices and pay information to your consultation. That lets us tell you what is realistic for your situation.

FAQ

Can I get child care costs in addition to child support in Texas?

Yes, it is possible. Work-related child care is not part of the guideline formula, but a court can consider it when deciding whether to order support that differs from the guidelines. Courts have also ordered parents to split daycare costs as additional support. The outcome depends on your facts and what is in your order or agreement.

Who pays for daycare if the order does not mention it?

If the order says nothing, the paying parent is generally only responsible for the amounts the order states, and the parent paying for daycare may carry that cost. You can ask the court to address it, usually through a modification. Talk with a family law attorney about whether your circumstances support a change.

Can I lower child support if my daycare costs go down?

Not on your own. Keep paying the ordered amount until the court changes it. If costs or income have changed significantly, you can ask the other parent to agree to a change or file a motion to modify.

Is there help paying for child care if the other parent does not pay?

Possibly. The Child Care Services program offers scholarships to eligible Texas families, and you can call 2-1-1 for local help. Separately, if the other parent is not paying ordered support, the Attorney General’s Child Support Division and the court can enforce the order.

Sources

• Guidelines Review Report, Texas Attorney General Child Support Division (PDF)
• Guidelines Review Report, Texas Attorney General (alternate host, PDF)
• Child Support in Texas, Texas Law Help
• Texas Family Code § 154.125, FindLaw
• Monthly Child Support Calculator, Texas Attorney General
• How Child Support Works, Texas Attorney General
• Ponzio v. Ponzio, Texas Third Court of Appeals (2025)
• Child care scholarships, Texas Child Care Connection

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