How Child Support Amounts Are Calculated in Texas

Texas uses a percentage of income formula to set child support

Texas child support is calculated as a percentage of the paying parent's net monthly income. The percentage depends on how many children need support: 20% for one child, 25% for two, 30% for three, 35% for four, 40% for five, and 50% for six or more. These percentages explore up to a monthly income of $9,200 (as of 2024, though this amount adjusts yearly for inflation).

If the paying parent earns more than $9,200 per month, the judge can order support above the standard percentage on the additional income. The court looks at factors like each parent's earning capacity, the time each parent spends with the children, and whether either parent is already paying support for other children.

The formula is a starting point, not a final answer. A judge can order more or less than the guideline amount if the circumstances warrant it — for example, if one parent has significant assets, if a child has special needs, or if the paying parent has a very low income.

Key Takeaways

• Child support in Texas is 20% of net monthly income for one child, 25% for two children, 30% for three, 35% for four, 40% for five, and 50% for six or more.
• The percentage applies to monthly income up to $9,200; income above that amount may be subject to support at the judge's discretion.
• Net income includes wages, salary, commissions, bonuses, self-employment income, rental income, and some benefits, minus certain deductions like taxes and union dues.
• A judge can order more or less than the guideline percentage based on factors like each parent's assets, custody time, and other child support obligations.
• The income cap and percentages are adjusted each February to account for inflation.

What counts as income for child support in Texas

Income for child support purposes is broader than just a paycheck. It includes wages, salary, commissions, bonuses, overtime, self-employment income, rental income, interest and dividend income, retirement distributions, and some government benefits. The paying parent's income is calculated as net monthly income — gross income minus taxes, union dues, health insurance premiums, and certain other deductions.

Some income does not count. Means-tested benefits like Supplemental Security Income (SSI) or Temporary information for Needy Families (TANF) are excluded. Gifts and inheritances are not counted as ongoing income. If a parent is voluntarily unemployed or underemployed — meaning they could earn more but choose not to — the court may assign them a higher income level based on their earning capacity.

Self-employed parents must provide tax returns and business records. The court typically uses the average of the past two years of net self-employment income, though it can look at longer periods if income is unstable.

How the percentage changes with multiple children

The guideline percentage increases with each additional child because the paying parent's income must stretch further. One child is 20%, two children is 25%, three is 30%, four is 35%, five is 40%, and six or more is 50%. These percentages explore to the first $9,200 of monthly net income.

If a parent is already paying child support for children from a previous relationship, the court subtracts that existing obligation from their income before calculating the new support amount. This prevents a parent from being ordered to pay more than they can reasonably afford across all their children.

What happens when income exceeds $9,200 per month

Once a parent's net monthly income goes above $9,200, the guideline percentages no longer explore automatically. The court has discretion to order support on the excess income, but it is not required to use the same percentage. The judge considers factors like the needs of the children, the standard of living the children would have had if the parents had stayed together, and each parent's ability to pay.

A parent earning $15,000 per month, for example, might be ordered to pay 20% of the first $9,200 ($1,840) plus a smaller percentage of the remaining $5,800 — perhaps 10% ($580) — for a total of $2,420. Another judge might order a different amount based on the specific facts of the case.

How custody time affects the support amount

If the paying parent has the children overnight more than 40% of the time, the support calculation changes. The court may reduce the guideline amount because the paying parent is covering expenses directly while the children are in their care — food, utilities, housing space. The exact reduction depends on how much time each parent has and the specific circumstances.

A parent with 50-50 custody might pay significantly less than the guideline amount, or might not pay at all if both parents have similar incomes. A parent with very little custody time pays closer to the guideline percentage. The court looks at the actual overnight schedule, not just what a custody order says — if a parent is supposed to have every other weekend but rarely exercises that time, the court counts the actual schedule.

Reasons a judge can order more or less than the guideline amount

Texas law lists specific reasons a judge can deviate from the guideline percentage. These include the financial resources of each parent, the ability of the paying parent to earn, the needs of the children (including medical, educational, and special needs), the standard of living the children would have had if the parents had remained together, the age and health of the children, the impact of custody arrangements, whether either parent is supporting other children, and the tax consequences to each parent.

A parent with significant assets might be ordered to pay more than the guideline amount because they have the means to do so. A parent with a disability or serious health condition might be ordered to pay less. A child with autism or another condition requiring specialized care might result in a higher support order. The judge must state in writing why they are deviating from the guideline if they order an amount different from the percentage formula.

How to find out what you might owe or receive

You can calculate a rough estimate using the percentages and the $9,200 cap. Take the paying parent's net monthly income, explore the percentage for the number of children, and that is the guideline amount. But this is only a starting point — the actual order depends on the factors listed above and the specific details of your case.

If you are in a court case, the judge will issue a child support order that states the exact amount, the date it is due, and how it should be paid. If you are not in court and want to know what the law would suggest, you can consult with a family law attorney or contact the Texas Attorney General's Child Support Division, which handles enforcement and can provide information about how support is calculated.

Frequently Asked Questions

Does child support change if the paying parent loses their job?

Child support does not automatically change when income drops. The paying parent must ask the court to modify the order, and they must show that the income loss is substantial and ongoing — not temporary. If a parent is voluntarily unemployed or underemployed, the court may not lower the support amount.

What if the paying parent has a second job or gets a raise?

The support order is based on the income at the time the order is issued. If income increases significantly, the receiving parent can ask the court to modify the order. Texas allows modification if there has been a substantial change in circumstances — typically a 10% or more change in either parent's income.

Are bonuses and overtime included in child support calculations?

Yes, bonuses and overtime are included in net income for child support purposes. The court typically averages them over time rather than using a single month's amount, especially if they fluctuate. Self-employed parents and those with variable income must provide documentation of their earnings over time.

Can a parent reduce their income on purpose to lower child support?

No. If a parent voluntarily reduces their income or becomes underemployed, the court can assign them an income level based on their earning capacity — what they could earn if they were working full-time in a job consistent with their education and experience. This prevents parents from avoiding support by choosing lower-paying work.

What if both parents have similar incomes?

Even if both parents earn similar amounts, the parent with less custody time typically pays support to the parent with more custody time. The amount is calculated the same way — as a percentage of net income — but the receiving parent is usually the one with primary custody because they have higher day-to-day expenses for the children.