Understanding Child Support Calculations in Texas

How Texas Child Support Works: The Basic Framework

Texas child support is a legal obligation requiring one parent to contribute money toward the financial care of their child. The state treats child support as a responsibility separate from custody arrangements. Even if a parent has primary custody, the other parent typically must pay support. Texas courts base these calculations on specific formulas and guidelines outlined in the Texas Family Code, which ensures consistency across cases.

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The child support system in Texas involves several key players. The state operates through the Office of the Attorney General, which handles child support enforcement. Local courts make initial determinations about payment amounts. Child Support Enforcement offices in each county help locate parents, establish paternity, and collect payments. When a case goes to court, a judge applies Texas law to determine what one parent must pay the other.

Texas distinguishes between two main scenarios: cases with an existing court order and cases needing a new order. If parents never married or a custody order doesn't exist, one parent must petition the court to establish child support. If an order already exists but circumstances change—such as a job loss or income increase—either parent can request modification.

The amount a parent pays depends primarily on their net monthly income and how many children need support. Texas uses what's called the "percentage of income model," meaning support obligations are calculated as a percentage of the paying parent's income rather than on case-by-case discretion. This approach creates predictability and reduces litigation over payment amounts.

Practical Takeaway: Understanding that Texas uses a formula-based system helps you recognize what information will be most important in any support calculation. The paying parent's income and the number of children are the foundation of the calculation.

Understanding Net Monthly Income in Texas Calculations

Net monthly income is the starting point for all Texas child support calculations. This isn't the same as gross income or what appears on a paycheck after taxes. Net monthly income refers to the actual money available to a parent after certain required deductions. Texas law specifies exactly what counts as income and what can be subtracted, creating a standardized approach across all cases.

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Income includes obvious sources like wages, salaries, and commissions. But Texas also counts self-employment income, rental income from property, interest and dividend income, capital gains, pension and retirement distributions, annuity payments, and benefits from Social Security or workers' compensation. If someone receives unemployment benefits, those count too. Even income from a business the parent owns gets included in the calculation.

The deductions allowed from gross income are specific and limited. Parents can subtract federal income tax withholding, Social Security taxes, Medicare taxes, health insurance premiums for all children (not just the ones needing support), and child support payments the parent is already making for other children. Some parents can also deduct spousal support they're paying. Notably, items like rent, groceries, car payments, and entertainment expenses do not reduce income for child support purposes—the calculation works with money available before personal living expenses.

Self-employed parents face additional scrutiny. They must report net income from their business (revenue minus legitimate business expenses). A parent who owns a business cannot reduce their income by personal expenses disguised as business costs. The court may hire a business evaluator to determine actual net income if there's disagreement. Someone earning $80,000 gross but claiming only $25,000 in net income must provide documentation supporting those deductions.

Texas recognizes that income fluctuates for some parents. Those with seasonal work, commission-based pay, or variable self-employment income should provide documentation of income over a reasonable period—often the previous two years. A parent working in construction might earn much more in summer months than winter months. The court looks at average income to prevent unfair calculations based on temporary income dips.

Practical Takeaway: Gather recent tax returns, pay stubs, and business income statements. Being able to clearly show your actual net income—with documentation—prevents disputes and ensures accurate calculations from the start.

The Texas Child Support Guidelines and Percentage Formula

Texas uses specific percentages applied to net monthly income to determine the baseline child support obligation. These percentages vary based on how many children need support. Understanding these percentages helps you see how the calculation works and what the expected obligation might be.

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For one child, the percentage is 20 percent of net monthly income. For two children, it's 25 percent. For three children, it's 30 percent. For four children, the obligation is 35 percent of income. For five children, it's 40 percent. And for six or more children, the percentage can go up to 50 percent. These are called the "guideline amounts," and they represent what Texas considers fair and reasonable.

Here's a practical example: A parent earning $3,000 per month in net income with two children would have a guideline child support obligation of $750 per month ($3,000 × 0.25). If that same parent had three children, the obligation would be $900 per month ($3,000 × 0.30). The percentages increase because more children means more expenses to cover.

However, the guideline percentages only apply to the first $9,200 of monthly net income as of 2024. This amount adjusts annually for inflation. If a parent earns $15,000 per month, the guidelines apply only to the first $9,200. For income above that cap, called "excess income," the court can apply the percentage but is not required to. The judge has discretion over how much of that excess income should go to child support.

Texas law recognizes that high-income earners don't spend their income proportionally on children the same way lower-income earners do. A parent making $20,000 per month doesn't spend four times as much on a child as someone making $5,000 per month. Therefore, judges often calculate support on the capped amount and then make separate decisions about excess income contributions.

The guidelines are described as "rebuttable," meaning either parent can argue the guideline amount is unjust or inappropriate. Courts can deviate from these percentages if circumstances warrant, such as when a parent has multiple families with support obligations, significant debts, or special needs children. However, the burden falls on the parent arguing against the guidelines to provide persuasive reasons.

Practical Takeaway: You can estimate a basic child support obligation by multiplying your net monthly income by the appropriate percentage for your number of children (up to the $9,200 cap). This gives you a baseline figure, though actual court-ordered amounts may differ based on other factors.

Factors That Can Modify the Standard Calculation

While Texas guidelines provide a clear baseline, judges can adjust support amounts based on various circumstances. Understanding these factors helps explain why two similar cases might result in different support amounts. Texas law lists specific factors courts must consider when deciding whether to deviate from guidelines.

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The financial resources of both parents matter beyond just income. If one parent has significant savings, investments, or property generating income not captured in the basic income calculation, the court can consider this when setting support. A parent with a trust fund or inheritance might have the ability to pay more, even if their monthly income is modest. Similarly, if a parent is deliberately underemployed—such as choosing part-time work when they could work full-time—the court can calculate support based on their earning capacity rather than actual income.

The time each parent spends with the child affects calculations. In Texas, if a parent has primary custody (the child lives with them more than 50 percent of the time), they generally don't pay support or pay less support. But the state recognizes varying custody arrangements. If parents share custody roughly equally, the paying parent's obligation might be lower. However, Texas doesn't automatically reduce support for shared custody—the law is clear that reduced custody time doesn't eliminate the obligation to contribute to a child's expenses.

Childcare expenses create another modification factor. If the custodial parent pays for childcare so they can work, this genuine expense increases the child's costs. The paying parent might be ordered to pay a portion of documented childcare costs in addition to regular support. Medical and dental insurance for the child also gets considered. One or both parents might be ordered to maintain insurance, and uninsured medical expenses can be split between parents.

Educational needs of the child can increase support obligations. If a child attends private school or has documented learning disabilities requiring specialized instruction, these costs might be added to the standard support amount. Similarly, if a child has special needs or medical conditions, ongoing treatment expenses might increase the support obligation.