Dealing with child support in Texas can feel overwhelming, especially when you’re also dealing with the emotional issues of divorce or separation. At Warren & Migliaccio, we’ve helped many families through this process and understand the financial uncertainty it can cause.
Need-to-Know Highlights for This Article
- Texas uses a clear, percentage-based system governed by the Texas Family Code.
- Courts assess gross income from wages, self-employment, benefits, and assets for net resources.
- Support percentages range from 20% (one child) to 40% (five+), capped at $9,200.
- Orders often include medical, dental, child care, and special educational expenses.
- Non-payment leads to strict enforcement; modifications require significant changes or time elapsed.
The good news is that Texas uses clear guidelines for calculating child support. Unlike states where payments might seem random, Texas follows a straightforward, percentage-based system. In this system, the person who pays child support is the “obligor,” and the person who receives it is the “obligee.” Knowing how these calculations work can help you plan your budget and ensure that your children get the support they need. This article explains the process of calculating child support payments in Texas, including how courts arrive at the specific dollar amount based on income, legal guidelines, and statutory limits. Parents can use a child support calculator, such as the Texas Child Support Calculator, to help calculate child support and estimate their potential payments.
In this guide, you’ll learn how the state defines your income, which percentages apply to your situation, and what extra costs might be part of your support order.
Understanding Texas Child Support Guidelines
Overview of Texas Child Support Laws
Texas child support is governed by the Texas Family Code, giving courts across the state a uniform set of rules. The Texas Office of the Attorney General is in charge of enforcing these guidelines, making sure courts apply them fairly.
The main priority is always the best interest of the child. Texas law says child support payments must serve the child’s needs first, no matter how the parents feel about each other. Under Texas law, one or both parents may be ordered to pay child support depending on the circumstances. I’ve seen this system work well because it removes much of the emotional element from the money side. These consistent guidelines help parents all over Texas—from Dallas to small rural towns—get similar outcomes for similar cases.
Key Components of Child Support Orders
A Texas child support order typically covers these main points:
- Monthly child support payments based on the paying parent’s income
- Health insurance and dental insurance requirements for the children
- Dental support obligations
- How long must the support continue
- Rules for changing the order if things change over time
Medical coverage is often a big part of child support orders. Usually, one parent must keep health insurance for the children, and both parents often share any uninsured costs.
Support usually lasts until the child turns 18 or finishes high school, whichever happens later. But if a child has special needs, the court can order support to continue indefinitely until the child’s disability is removed, as allowed under Texas law.
How Is Child Support Calculated: Income Assessment
Determining Gross Income for Calculations
The first step in figuring out child support is to list every source of income. Texas takes a broad view and counts more than just a regular paycheck.
Gross income includes:
- Wages, salaries, tips, and bonuses
- Self-employment income (calculated differently than regular wages)
- Investment and rental income
- Business profits
- Unemployment benefits
- Social security payments (except SSI)
- Disability and retirement benefits
- Military allowances
- Workers’ compensation
I once had a client who forgot to list his side business earnings at first. When the other parent learned about it, it caused major delays. Being thorough and honest about your income at the start prevents problems later.
When Parents Try to Hide Income: A Lesson from the Field
Last year, I helped a mother whose ex-husband said he could only pay $200 a month in child support. He claimed he was struggling as a freelance handyman. But their 8-year-old daughter talked about her dad’s “new truck” and weekend trips to fancy restaurants.
We looked closer and found out he was running a cash-heavy landscaping business under his brother’s name. Bank records showed deposits of over $6,000 every month. When we showed this in court, the judge was not happy. Instead of $200, he had to pay $1,200 a month plus back child support.
Here’s the lesson: Texas courts know all the tricks. They can “impute” income, which means they decide what you could earn, not just what you say you make. Trying to hide income usually backfires and costs you more in the end. If there is no evidence about the payor’s income, the court considers the obligor’s assets, residence, and other background circumstances.
Besides reported income, the court looks at all financial resources each parent has. They also consider how much the custodial parent spends on the child’s everyday needs, like food, housing, and clothing. This helps the court make a fair child support calculation.
Converting to Monthly Net Resources
Texas bases child support on net monthly resources, not gross income. Certain specific deductions are allowed before the guidelines are applied. The Attorney General adjusts the child support cap every six years to keep up with inflation.
The calculation starts with your gross monthly income, then subtracts:
- Federal income tax
- State income tax (if any)
- Social security taxes
- Union dues (if needed for your job)
- Health insurance premiums for the children
The law doesn’t allow you to deduct personal loans or credit card payments. Child support helps cover the child’s everyday expenses, including food, housing, and clothing. You can only deduct the items listed by law. After applying these deductions, you calculate your net monthly resources (or net income), which determines your support percentage.
Texas Child Support Guidelines: Payment Percentages
Standard Percentage-Based Calculations
Texas uses a simple percentage chart based on how many children you support, applied to your net monthly resources up to $9,200. Below is the breakdown:
- One child: 20% of net monthly resources (based on the noncustodial parent’s net monthly income)
- Two children: 25% of net monthly resources
- Three children: 25% of the noncustodial parent’s average monthly net resources
- Four children: 35% of net monthly resources
- Five children: 40% of net monthly resources
- Six children: at least 40% of net monthly income, as required by Texas law
For instance, if your net monthly resources are $5,000 and you have two children, you’d pay $1,250 per month, which is 25% of $5,000. If you have more than one child, the percentage of your net monthly resources increases according to the guidelines. For three children, child support is generally calculated as 30% of the obligor’s net monthly income. For three children, child support is set at 30% of the noncustodial parent’s net monthly income. There isn’t a fixed “average” child support payment in Texas, but this chart offers a common range.
The $9,200 cap means you don’t pay a percentage on money above that amount unless the court orders otherwise for very high incomes. The court might also consider travel costs for child custody and visitation when setting child support.
How Much Child Support for Multiple Children
Support gets trickier if you have children from more than one relationship or if custody differs for each child. Courts look at all children you’re responsible for when setting child support. They want to treat every child fairly. The court may determine that the guidelines are unjust or inappropriate and deviate if justified.
Additional Child Support Scenarios
- If you have children in different homes, the court first calculates your total child support obligation, then splits it among the different households. The court also considers whether you have other children from different relationships when determining the final support amount.
- If you share parenting time with the child for significant periods, the court might lower your payments since you cover expenses during your custody times.
- Split custody (when each parent has primary custody of a different child) often results in the higher earner paying the other parent the difference between the two calculated amounts.
- For three children, child support is calculated as 25% of the noncustodial parent’s average monthly net resources.
- For four children, child support is calculated as 30% of the noncustodial parent’s average monthly net resources.
Pay Child Support: Additional Obligations
Medical Support Requirements
Most child support orders also include medical support terms beyond the basic monthly payment. This makes sure children have proper health coverage at all times.
Health Insurance & Uninsured Costs
- The court usually orders one parent to keep health insurance for the children. That parent covers the premium.
- Both parents often split any uninsured costs. These might be:
- Copays for doctor visits
- Deductibles
- Prescriptions not covered by insurance
- Dental or orthodontic care
- Mental health services
- Copays for doctor visits
- Deductibles
- Prescriptions not covered by insurance
- Dental or orthodontic care
- Mental health services
Child Care and Educational Expenses
Child care costs can be added to child support if the custodial parent works or goes to school. However, child support guidelines may not fully account for the contributions of a stay at home parent, whose unpaid work supports the child’s needs. Courts often split these costs between parents.
Educational expenses can also raise your total payments. While public school typically doesn’t trigger extra support, private school tuition might if both parents previously agreed on private education or if there are special reasons for it. Extracurricular activities or special needs services can also be included if the court believes it’s necessary and reasonable.
Child Support Payments: Special Circumstances
High-Income Parent Calculations
If your net monthly resources exceed $9,200, the standard percentages only apply to the first $9,200. The judge can order additional child support based on the child’s needs, your ability to pay, and the lifestyle the child was used to before the separation.
In my work, I’ve helped clients who worry that there’s no limit to child support if their income is high. Although the judge can go above the guidelines, the focus is still on the child’s reasonable needs, not just applying a percentage to all income.
Self-Employment and Variable Income
Self-employment income or variable pay like commissions also gets close review. Courts average out income over time to account for highs and lows. They also check for any efforts to hide or reduce income to lower child support.
Legitimate business expenses lower your net income, but personal costs disguised as business expenses won’t be approved. If the court decides a parent is voluntarily underemployed, it may “impute” income, meaning it assigns a higher income level to ensure a fair support amount.
Case Study: When Quitting Your Job Backfires – The $102,000 Mistake
James Iliff quit his $102,000-per-year job in the chemical industry in January 2006. This was six months before his wife filed for divorce. Even though he had a Bachelor’s degree in chemistry and an MBA, he only earned about $200 per month from occasional tractor work and consulting.
The trial court found that Iliff was intentionally underemployed. Instead of using his actual low income, the court calculated his child support based on a potential earning of $5,000 per month.
The Texas Supreme Court agreed with this decision in Iliff v. Iliff, 339 S.W.3d 74 (Tex. 2011). The court said that judges can set child support based on what a parent could reasonably earn, not just what they currently earn.
This means courts can impute income when a parent is purposely unemployed or underemployed. They do not need to prove that the parent quit specifically to avoid paying child support.
This important ruling protects children from parents who try to lower their income to reduce child support payments. It is based on Texas Family Code Section 154.066.
Dallas and Texas Regional Considerations
County-Specific Implementation
Texas has statewide guidelines, but counties might use different local procedures. In bigger places like Dallas or Harris County, family courts often move faster and have more specialized processes. Rural counties might handle cases a bit differently.
Still, the main child support guidelines don’t change by location. Higher living costs in large cities sometimes prompt judges to allow extra child support if the child’s expenses are higher than normal.
Enforcement and Legal Compliance
Consequences of Non-Payment
Texas strictly enforces child support. Missing payments can lead to:
- Wage withholding (automatic deductions from your paycheck)
- License suspensions (driver’s, professional, hunting)
- Taking money from bank accounts or tax refunds
- Negative credit reporting
- Contempt of court, which can mean jail time
The Office of the Attorney General can start these actions quickly, so it’s critical to make child support payments on time or seek changes through the legal system if you can’t keep up.
Working with a Child Support Attorney
Many straightforward child support cases don’t require an attorney. But if you have complicated income (like a business), high assets, or disagreements, it’s wise to hire a family law attorney.
At Warren & Migliaccio, we often see parents who tried to handle everything alone and faced bigger problems later. Early legal advice can save you time, money, and stress.
General FAQs About How Is Child Support Calculated in Texas
What percentage of income is child support in Texas?
Child support in Texas is 20% of the noncustodial parent’s net monthly income for one child, then goes up by 5% for each additional child. So it’s 25% for two children, 30% for three, 35% for four, and 40% for five or more.
These percentages are based on net monthly resources, which include all income minus allowed deductions (like federal income tax, Social security taxes, union dues, and health insurance premiums). The goal is consistency across the state.
What is the maximum child support amount in Texas for 2025?
The maximum guideline child support amount applies to net monthly resources of up to $9,200. That means the highest standard child support for one child is $1,840 (20% of $9,200). For two children, it’s $2,300 (25%); for three, $2,760 (30%); and up to $3,680 (40%) for five or more children.
Courts may order more than these amounts when a parent’s resources exceed $9,200 and the child has proven needs. The state reviews this cap every six years and last updated it in 2019. In Texas, courts can also order retroactive child support if the obligor has failed to pay support.
Does overtime and bonus pay count toward child support in Texas?
Yes. Overtime and bonuses count as income under Section 154.062 of the Texas Family Code. The law counts all compensation for personal services, including tips and commissions. When income is irregular, courts often average it over time.
This rule also applies to the “gig economy” and self-employment income. Providing detailed records is key to accurate calculations.
Do you still pay child support with 50/50 custody in Texas?
Yes. Having 50/50 custody (known as joint managing conservatorship) doesn’t automatically end child support obligations. Texas Family Code Section 153.138 says custody arrangements don’t affect the court’s power to order child support.
In equal custody setups, the judge looks at the parents’ incomes. If one parent makes a lot more, they may be required to pay support so the child’s standard of living stays consistent between homes.
How much does child support cost for someone making $50,000 per year in Texas?
For a $50,000 yearly salary, child support is roughly $683 per month for one child, assuming standard tax deductions (around 20%) and a resulting net monthly income of about $3,417. Then 20% of that is owed in child support.
The exact number depends on your actual deductions, such as federal income tax, social security taxes, and health insurance premiums. It may also change if you have other child support obligations or special expenses.
FAQs Re: Modification & Enforcement Questions
When can I modify child support in Texas?
You can change a child support order if:
1. At least three years have passed since the last order, and the new amount would differ by at least 20% or $100 from the current one, or
2. There’s been a “material and substantial” change in your circumstances.
Typical changes include big income shifts, job loss, new children, changed medical support needs, or altered custody. You can apply for a review through the OAG (Office of the Attorney General) or file a case in court.
What happens if I can’t pay child support in Texas?
If you can’t make child support payments, contact the Attorney General’s office right away to explore changes or modifications. Failing to meet your obligation for paying child support can result in enforcement actions and additional penalties.
Enforcement methods include wage garnishment, suspending licenses, taking assets, and contempt of court charges that can lead to jail.
Keep paying as much as you can while trying to modify the order. Unpaid support collects 6% interest yearly and won’t disappear on its own.
FAQs Re: Income & Calculation Details
What income counts toward child support in Texas?
Texas counts nearly all sources of income, such as:
Salary, wages, overtime, bonuses, and commissions
Self-employment income, rental income, interest, dividends
Social security taxes (but not SSI)
Unemployment benefits
Disability and retirement benefits
Gifts and prizes
Income that doesn’t count includes SSI, foster care payments, TANF, and your current spouse’s income. The primary goal of child support is to ensure the child’s best interests and financial needs are met. After totaling gross income, the court subtracts certain items to find your net monthly resources.
How is net income calculated for child support in Texas?
Start with your total gross monthly income, then take out:
Federal income taxes (for a single person with one exemption)
Social security taxes and Medicare taxes
State income tax (if any)
Union dues
Health/dental insurance premiums for the kids
You can’t subtract optional items like retirement or life insurance contributions. The remaining net monthly income is multiplied by the right percentage based on the number of children. The court doesn’t consider a new spouse’s income in child support calculations. Net resources do not include SSI, TANF, or payments received for foster care of a child.
FAQS Re: Medical Support & Special Circumstances
Who pays for health insurance and medical expenses in Texas child support?
The law usually requires the noncustodial parent (also called the obligor) to provide health insurance if it’s available at a ‘reasonable cost.’ This typically means the premiums don’t exceed 9% of their annual gross income, and dental insurance stays under 1.5%.
Any uninsured medical expenses are typically shared. It might not always be 50/50. The judge looks at both parents’ incomes to decide how to split costs for copays, deductibles, or other out-of-pocket expenses.
What if the child has special needs or high medical expenses?
A child with special needs or large medical costs might get above-guideline child support. Courts will adjust standard percentages if the child has big medical or educational expenses or other unusual needs.
Parents should keep detailed records of these higher expenses. A family law attorney can help show why the child needs more support, including therapy costs, special education fees, or needed equipment.
FAQS Re: Low-Income Situations
Is there a minimum child support amount in Texas?
Texas doesn’t set a strict minimum, but lower percentages apply if the obligor’s net monthly resources are $1,000 or less. In that case:
One child: 15%
Two children: 20%
Three children: 25%
Four children: 30%
Five or more children: 35%
However, courts can impute income if they think a parent is avoiding work or choosing to earn less to reduce child support.
Conclusion
Understanding how Texas child support is calculated can ease some of the stress during a breakup or divorce. The state’s percentage-based method gives you a clear idea of your potential costs, helping you plan finances and make sure your children’s needs are met. Percentages used for calculating child support can apply to the first $8,550 in net monthly resources as of changes after September 1, 2013.
These guidelines are only a starting point, though. Other issues—like medical support, child care expenses, and special needs—might require adjustments. If you’re facing a child support case or have special concerns, consider getting advice from a family law attorney.
Above all, remember that child support exists to protect children and keep them stable and secure, no matter what’s happening between the parents.
At Warren & Migliaccio, our Texas family law attorneys are here to provide you legal help so you understand your rights and options when it comes to child support. We invite you to schedule a consultation so we can learn more about your situation, answer your questions, and discuss how we can support you moving forward. Call our law firm at (888) 584-9614 or contact us online to get start.
Legal Disclaimer
This article offers general information about Texas child support laws and is not intended as legal advice. Every divorce case or child support case has unique facts needing individual attention. Consult a qualified child support attorney to learn about your specific rights and responsibilities under Texas law.
