How Child Support Amounts Are Calculated in Texas

Texas uses a formula based on the paying parent's income, not a fixed dollar amount

Child support in Texas is not a set number. Instead, the court calculates it using the Texas Child Support Guidelines, which take the paying parent's gross monthly income and explore a percentage. The percentage depends on how many children need support. A parent paying for one child pays 20 percent of gross income; for two children, 25 percent; for three children, 30 percent; for four children, 35 percent; and for five or more children, not less than 40 percent.

The court can order a different amount if the standard percentage would be unjust or inappropriate given the specific circumstances of the case. This happens when, for example, one parent has significant assets, the children have special needs, or the paying parent's income is very high or very low. The judge must state in writing why they departed from the guideline amount.

The calculation starts with gross monthly income, which includes wages, salary, commissions, bonuses, self-employment income, rental income, and certain other sources. It does not include means-tested benefits like Supplemental Security Income or TANF, or child support or spousal maintenance the parent is already paying for other children.

Key Takeaways

• Texas child support is calculated as a percentage of the paying parent's gross monthly income: 20 percent for one child, 25 percent for two, 30 percent for three, 35 percent for four, and at least 40 percent for five or more.
• The court can order a different amount if the guideline percentage would be unjust, and must explain in writing why it did so.
• Gross income includes wages, self-employment earnings, bonuses, and rental income, but excludes means-tested benefits and support already being paid for other children.
• The amount can change if the paying parent's income changes significantly or if the custody arrangement changes.

What counts as income for the calculation

The Texas Family Code defines gross income broadly. It includes hourly wages, salary, commissions, bonuses, overtime, and self-employment income. It also includes income from rental property, royalties, dividends, and interest. Unemployment benefits, workers' compensation, and disability payments count as income for this purpose.

Some income sources are excluded. The paying parent does not count means-tested public benefits like Supplemental Security Income (SSI), Temporary information for Needy Families (TANF), or food stamps. Child support or spousal maintenance the parent is already ordered to pay for other children is subtracted from gross income before the percentage is applied. If the parent is already paying support for two other children, that amount comes off the top before calculating support for the child in question.

If a parent is self-employed or has variable income, the court typically averages income over the previous two or three years or uses the most recent year's tax return. A parent who claims lower income through deductions or business losses may be asked to explain those deductions, and the court can add back certain expenses if it finds the parent is intentionally reducing income to lower support.

The cap on income subject to the guideline percentage

Texas law sets a cap on the income to which the guideline percentage applies. As of 2024, that cap is $10,140 per month in gross income. If a parent earns more than that, the court applies the percentage only to the first $10,140 and then decides separately what, if anything, to order for income above that amount.

For income above the cap, the court considers factors such as the needs of the child, the paying parent's ability to pay, the standard of living the child would have had if the parents had stayed together, and the financial resources of both parents. A parent earning $20,000 per month might pay 20 percent of $10,140 (which is $2,028) plus an additional amount for the income above the cap, but that additional amount is not automatic and depends on the judge's decision.

The income cap adjusts annually on January 1 to account for inflation. The State Bar of Texas publishes the current year's cap, and it is also available through the Texas Attorney General's office, which oversees child support enforcement.

How custody arrangements affect the amount

The standard guideline percentage assumes the paying parent does not have the children overnight. If the paying parent has the children at least 30 percent of the time (roughly 110 days per year), the calculation changes. The court may reduce the guideline amount, and the reduction depends on how much time the paying parent actually spends with the children and the costs associated with that time, such as housing and food.

If both parents share custody equally (50-50), the court may order a lower amount or no support at all, depending on the income difference between the parents. If one parent earns significantly more, that parent may still owe support even in equal custody. The court looks at the actual expenses each parent bears when the children are in their care.

A change in custody can trigger a modification of the child support order. If the paying parent gains more custody time, they can request that the court lower the amount. If the receiving parent gains more custody time, they can request that the amount increase.

When child support can be modified

A child support order is not permanent. Either parent can request a modification if there has been a material and substantial change in circumstances. A significant change in income—either an increase or a decrease—is the most common reason. If the paying parent loses a job or gets a substantial raise, that is grounds to modify.

A change in custody also justifies modification. If the children move in with the paying parent, or if the paying parent gains significantly more time with them, the support amount can be adjusted. A change in the number of children for whom support is owed—such as when a child turns 18 and ages out of support—also triggers a recalculation.

To request a modification, the parent files a motion with the court that issued the original order. The court will not modify an order straightforward because time has passed; the change in circumstances must be material. A small income increase does not usually may have access to, but a job loss or a promotion with a significant raise typically does.

How long child support lasts

In Texas, child support continues until the child turns 18, unless the child is still in high school, in which case it continues until the child graduates or turns 19, whichever comes first. Support also ends if the child marries, joins the military, or is declared emancipated by the court.

If the child has a disability and cannot support themselves, the parents may be ordered to continue support beyond age 18. The court can order support to continue indefinitely in cases of severe disability, but this requires a specific finding and order.

The paying parent's obligation to pay does not end automatically on the child's 18th birthday. The order remains in effect until it is modified or terminated by the court, or until the child reaches the age of majority and the conditions for termination are met. If the paying parent stops paying before the child ages out, the receiving parent can pursue enforcement through the Texas Attorney General's Child Support Division or through the court.

Frequently Asked Questions

Does Texas have a standard child support table I can look up?

Texas does not publish a straightforward lookup table. Instead, the amount is calculated using the percentage formula applied to the paying parent's gross income. The Texas Attorney General's office provides a calculator on its website that can estimate the amount based on income and number of children, but the actual order depends on the specific facts of the case and whether the judge departs from the guideline.

What if the paying parent is unemployed or has very low income?

The court can still order child support even if the paying parent has little or no income. The minimum amount is typically $100 per month, though the court has discretion to order less or more depending on the circumstances. If the parent is unemployed, the court may consider their earning capacity—what they could earn if they were working—rather than their current income.

Can child support be modified if the paying parent's income goes down?

Yes. If the paying parent's income decreases significantly, they can request a modification. The court will look at whether the decrease is temporary or permanent and whether the parent caused it intentionally. A job loss or business failure usually justifies a reduction, but a voluntary career change to a lower-paying job may not.

Does the receiving parent's income affect the amount?

The receiving parent's income does not directly affect the guideline calculation, which is based only on the paying parent's income. However, if the receiving parent has substantial income or assets, the court may consider that when deciding whether to depart from the guideline amount or when calculating support above the income cap.

What happens if the paying parent does not pay?

The Texas Attorney General's Child Support Division can enforce the order through wage garnishment, interception of tax refunds, suspension of driver's licenses, and other collection methods. The receiving parent can also file a motion for contempt of court, which can result in fines or jail time for willful non-payment.