How Texas Calculates Child Support Percentages

Texas uses a percentage of the paying parent's income, not a fixed dollar amount

Texas child support is calculated as a straight percentage of the paying parent's net monthly income. The percentage depends on how many children need support. There is no separate calculation for each child — the law sets one percentage for the total number of children, and that percentage applies to the parent's entire income up to a cap.

The paying parent is called the obligor. The parent receiving support is called the obligee. Texas courts use these percentages unless there is a written agreement between the parents or a reason to deviate from the standard amount.

Key Takeaways

• Texas child support is 20 percent of net monthly income for one child, 25 percent for two children, 30 percent for three children, 35 percent for four children, 40 percent for five children, and not less than 50 percent for six or more children.
• Net monthly income includes wages, salary, commissions, bonuses, self-employment income, rental income, and some benefits, but excludes certain deductions like taxes and union dues.
• The percentage applies only to income up to $9,200 per month as of 2024, though this cap adjusts annually for inflation.
• A court can order a different percentage if the standard amount would be unjust or inappropriate given the specific circumstances of the case.
• Both parents' incomes matter — the court looks at each parent's ability to support the children and may adjust the percentage accordingly.

The standard percentages for each number of children

The Texas Family Code sets these percentages:

Number of Children	Percentage of Net Monthly Income
1 child	20%
2 children	25%
3 children	30%
4 children	35%
5 children	40%
6 or more children	Not less than 50%

These percentages are the guideline amount. If a parent's net monthly income is $3,000 and there are two children, the guideline support is $750 per month (25 percent of $3,000).

The percentage does not change if the children are from different relationships. If a parent has three children with one person and two children with another, the percentage is still 40 percent — the total number of children determines the rate.

What counts as net monthly income in Texas

Net monthly income is not the same as gross income. Texas law defines it as income minus certain deductions. Income includes wages, salary, commissions, bonuses, overtime, self-employment income, rental income, interest and dividends, retirement benefits, and some government benefits like unemployment or disability payments.

Deductions that reduce net income include federal, state, and local income taxes; Social Security taxes; union dues; and health insurance premiums. Child support paid for other children is also deducted from income before the percentage is applied.

Income from a new spouse or partner does not count toward the paying parent's income. Only the obligor's own earnings and benefits are included in the calculation.

The income cap and how it works

As of 2024, the percentage applies only to the first $9,200 of net monthly income. This is called the cap or threshold. Income above $9,200 is not subject to the guideline percentage.

If a parent earns $15,000 per month in net income and owes support for two children, the calculation is: 25 percent of $9,200 equals $2,300. The remaining $5,800 in income is not automatically included in the support amount, though a court can order additional support from that income if it finds the guideline amount is unjust or inappropriate.

The cap adjusts each year on January 1 to account for inflation. The Texas Office of the Attorney General publishes the updated cap amount annually.

When a court can order a different percentage

A judge is not required to use the guideline percentage if doing so would be unjust or inappropriate. This is called a deviation. The court must state in writing why it is deviating and what factors led to that decision.

Reasons a court might deviate include: the paying parent has very high income; the children have significant special needs; one parent has primary custody and incurs most childcare costs; the children spend substantial time with the paying parent; or the paying parent is already paying support for other children not in this case.

A written agreement between the parents can also set a different amount, but a court must still find that the agreed amount is in the best interest of the children before approving it.

How the percentage changes if custody or income changes

If the number of children decreases — for example, if one child turns 18 and ages out of support — the percentage drops to the next lower tier. A parent can request a modification of the support order by filing a motion with the court.

If the paying parent's income increases or decreases significantly, either parent can ask the court to recalculate the support amount using the new income. A material and substantial change in circumstances is usually required to modify an existing order.

If custody changes and the other parent becomes the obligor, the percentages explore to that parent's income instead. The court recalculates the entire support obligation based on the new arrangement.

Self-employment income and how it is calculated

Self-employment income is included in net monthly income, but it is calculated differently than wages. The obligor must provide tax returns, profit and loss statements, and business records to show actual net income from self-employment.

Net self-employment income is the gross income from the business minus ordinary and necessary business expenses. Personal expenses, depreciation, and one-time losses are treated carefully by the court. If income is inconsistent, the court may average income over a period of time or use the most recent year's tax return.

A parent who is self-employed should keep detailed records and be prepared to show how income was calculated if support is modified or challenged.

Frequently Asked Questions

Does the percentage change if I have a new child with a different partner?

The percentage itself does not change based on who the children are with. However, if you become the obligor for a new child, you can request a modification of your existing support order. The court will recalculate your total obligation based on the total number of children you now owe support for, which may increase or decrease your monthly payment depending on the circumstances.

What if the paying parent makes more than $9,200 per month?

Income above $9,200 is not automatically included in the guideline calculation. However, the court can order additional support from income above the cap if the guideline amount would be unjust or inappropriate given the parent's actual earnings and the children's needs. The court must document its reasoning for any amount ordered above the guideline.

Can two parents agree to a different percentage than Texas requires?

Yes, parents can agree to a different amount in writing. The court must approve the agreement and find that it is in the best interest of the children. An agreement that is significantly lower than the guideline may be scrutinized more carefully by the judge.

How often does the income cap adjust?

The cap adjusts annually on January 1 to reflect inflation. The Texas Office of the Attorney General announces the new cap amount each year. You can find the current cap on the Attorney General's website or by contacting your local child support office.

Does overtime or bonus income count toward child support?

Yes. Overtime, bonuses, commissions, and other variable income are included in net monthly income. If income is irregular, the court may average it over time or use recent tax returns to determine a fair monthly amount.