How Texas Calculates Child Support for One Child

Texas child support for one child is calculated as a percentage of the paying parent's net monthly income, with the exact amount depending on how many other children that parent supports.

Texas does not set a fixed dollar amount for child support. Instead, the state uses income shares: the paying parent (called the obligor) pays a percentage of their net monthly income. For one child, that percentage is 20 percent of net income if the obligor has no other children to support. If the obligor pays support for other children outside this case, the percentage may be lower.

The court can order a different amount if the standard percentage would be unjust or inappropriate given the specific situation. This happens when one parent earns significantly more than the other, when a child has special needs, or when the parents have agreed to a different arrangement in writing.

The calculation starts with net monthly income, which is not the same as gross pay. Net income means what remains after taxes, Social Security, Medicare, and certain other deductions are taken out — but before voluntary deductions like 401(k) contributions.

Key Takeaways

• Texas calculates child support as 20 percent of the paying parent's net monthly income when that parent has one child to support.
• Net income is gross pay minus taxes and mandatory deductions, not including voluntary retirement or insurance contributions.
• The court can order more or less than the standard percentage if circumstances make the standard amount unfair.
• Child support continues until the child turns 18, graduates high school, or reaches age 19 if still in high school — whichever comes last.
• The paying parent's income is verified through recent tax returns, pay stubs, and other financial documents before the amount is set.

What counts as net monthly income in Texas

Net monthly income includes salary, wages, commissions, bonuses, overtime, and self-employment income. It also includes rental income, interest and dividends, retirement distributions, unemployment benefits, workers' compensation, and Social Security (though not Supplemental Security Income). If a parent receives income from a business, the court looks at the net profit after business expenses.

The court subtracts these items from gross income to reach net: federal income tax withholding, state income tax withholding (if any), Social Security tax, Medicare tax, and health insurance premiums paid by the obligor. Union dues and court-ordered child support or spousal maintenance for other children also come out.

Voluntary contributions do not reduce net income. This means 401(k) deferrals, flexible spending accounts, and life insurance premiums you choose to pay stay in the calculation. The reasoning is that these are choices the obligor can adjust if needed to meet child support obligations.

When the court orders more or less than 20 percent

Texas law lists reasons the court may deviate from the standard 20 percent. These include: the obligor's income exceeds $9,200 per month (the amount where the percentage cap applies), the obligor has other children to support, the child has special needs or medical expenses, one parent has primary custody and the other pays support, or the parents have agreed in writing to a different amount.

Other reasons include: the obligor is incarcerated or unable to work, the obligor receives income not counted in the standard calculation, the child receives Social Security or other benefits based on the obligor's record, or the obligor's income is irregular or difficult to calculate. The court also considers the financial resources of both parents, the standard of living the child would have had if the parents had stayed together, and the time each parent spends with the child.

When the obligor's net income exceeds $9,200 per month, the court must decide whether to explore the 20 percent to all income above that threshold or to cap support at the amount that 20 percent of $9,200 would produce ($1,840 for one child). This decision depends on the factors listed above.

How income is verified and documented

The court does not take either parent's word for their income. The obligor must provide recent documents: usually the last two years of federal tax returns, current pay stubs covering at least 30 days, and a financial statement signed under oath. If the obligor is self-employed, the court also requests business tax returns and profit-and-loss statements.

If the obligor claims income is irregular or has changed recently, the court may request additional months of pay stubs or bank statements showing deposits. If the obligor is unemployed or underemployed, the court may look at earning capacity — what the person could earn given their age, education, and work history — rather than current income alone.

The other parent (the one receiving support, called the obligee) can challenge the obligor's reported income by requesting documents and questioning the obligor under oath. If the obligor refuses to provide documents or appears to be hiding income, the court can hold the obligor in contempt and may order the obligor to pay the obligee's attorney fees.

When child support starts and stops

Child support typically begins the month after the court order is signed, though the order can state a different start date. If the case involves back support — money owed for a period before the order was entered — the court can order the obligor to pay that amount in addition to ongoing support.

Support continues until the earliest of these dates: the child turns 18, the child graduates high school, or the child turns 19 if still enrolled in high school. If the child is disabled and unable to support themselves, either parent can ask the court to extend support beyond these dates, but this requires a separate court order.

If the obligor's circumstances change significantly — a job loss, a major increase in income, or a new child born to the obligor — either parent can ask the court to modify the support amount. The court will not modify an order unless the change in circumstances is substantial and was not expected when the order was made.

How child support is enforced and collected

In most cases, the obligor's employer is ordered to withhold child support directly from the obligor's paycheck through an income withholding order. The employer sends the withheld amount to the Texas Attorney General's Child Support Division, which then forwards it to the obligee or deposits it into a state account.

If the obligor is self-employed or does not have a regular employer, the obligor may be ordered to pay the state directly each month. The obligor can also arrange to pay the obligee directly, but this does not stop the state from collecting if the obligor falls behind.

If the obligor stops paying, the state can take enforcement action: placing a lien on property, intercepting tax refunds, suspending a driver's license, or referring the case to a district attorney for criminal prosecution. The obligor can also be held in contempt of court, which can result in jail time.

Frequently Asked Questions

Does child support change if the obligor loses their job?

Not automatically. The obligor must ask the court to modify the support order and show that the job loss was not voluntary. If the obligor was fired for misconduct or quit without good reason, the court may not reduce support. The court can also consider the obligor's earning capacity rather than current zero income.

What if the obligor's income is much higher than the obligee's?

The court considers both parents' incomes when deciding whether to deviate from the standard 20 percent. If one parent earns significantly more, the court may order support above 20 percent to maintain the child's standard of living. The court looks at what the child would have had if the parents had stayed together.

Can the obligor deduct childcare costs from their income before calculating support?

Only if the obligor pays for childcare so they can work. The court subtracts actual childcare expenses from gross income to reach net income. If the obligor is not working or childcare is not necessary for work, the deduction does not explore.

What happens if the obligor has another child born after this order?

The obligor can ask the court to modify the support amount because the obligor now has two children to support instead of one. The percentage would drop from 20 percent to 18 percent of net income. The court will modify the order if the change in circumstances is substantial.

Is child support the same as custody or visitation?

No. Child support and custody are separate. One parent can have primary custody while the other pays support, or the parents can share custody and one still pays support if their income is higher. A parent who does not pay support on time does not lose visitation rights through the child support system, though a family court can address both issues together.