How Is Child Support Calculated in Texas? Net Resources and the Guidelines
Most people know Texas child support starts at 20 percent for one child. Fewer know what the 20 percent is taken from. The answer is net resources, a term the Texas Family Code defines with its own list of income and deductions. If you want to know how child support is calculated in Texas, that definition is where the math starts.
This post explains the guideline in plain language for the parent asking for support and the parent who will pay it. It does not calculate your number.
What are net resources in Texas child support?
Net resources are the paying parent's income after specific deductions (Texas Family Code § 154.062). Income is broad. It includes wages, overtime, tips, commissions and bonuses, self-employment income, rental income after expenses, and most other money a parent actually receives.
The deductions are a closed list. They include Social Security taxes, federal income tax figured at the rate for a single person, union dues, and the cost of the child's health and dental insurance. Everyday bills such as rent, car payments and credit cards are not deducted.
What are the Texas child support guideline percentages?
Once net resources are known, the guideline applies a percentage based on the number of children before the court (§ 154.125).
One child: 20 percent
Two children: 25 percent
Three children: 30 percent
Four children: 35 percent
Five children: 40 percent
The percentages apply to net resources up to a cap that the state adjusts for inflation. Above the cap, a court can order more only based on the proven needs of the child. The percentages are lower when the paying parent supports children in another household, and a separate low-income schedule can apply.
What if a parent is unemployed or underemployed?
A court can set support on earning potential when a parent is intentionally unemployed or underemployed (§ 154.066). When there is no evidence of income at all, the court presumes the parent earns the federal minimum wage for a 40-hour week (§ 154.068).
What must a Texas child support order include?
A support order covers more than the monthly payment. It must address medical support and dental support for the child. It orders income withholding, which means the payment comes out of the paying parent's paycheck, and it routes payments through the State Disbursement Unit so there is an official record. Paying the other parent directly, outside that record, is a common and expensive mistake.
How is Texas child support changed or enforced?
Support generally continues until the child turns 18 or graduates from high school, whichever is later. An order can be modified when circumstances have materially and substantially changed. It can also be modified when three years have passed and the guideline amount would differ from the order by 20 percent or $100 (§ 156.401).
An order that is not followed can be enforced through income withholding, a money judgment, liens, license suspension and contempt of court. Unpaid support does not disappear with time.
Free checklist: the Texas Divorce Checklist puts the steps on one page, in order, and is sent to your inbox. Get the free checklist.
Frequently asked questions
How much is child support for one child in Texas?
The guideline is 20 percent of the paying parent's net resources for one child, up to the cap on net resources (§ 154.125). Medical and dental support are addressed in addition to that amount.
Does child support go down automatically if the paying parent loses a job?
No. The order stays in force until a court changes it. A parent who cannot pay should file to modify promptly, because a court generally can change support only for the period after the other side is served with the modification case (§ 156.401).
Does equal possession time eliminate child support in Texas?
Not automatically. The guideline amount is presumed to be in the child's best interest. A court may order a different amount after considering factors that include the time each parent has the child (§ 154.123).
Get the full guide
Get Child Support in Texas as an eBook and work through net resources, the guideline, the order and enforcement in the order a case happens. Read Child Support in Texas.
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Legal information, not legal advice. Laws change, and every situation is different. For advice about your situation, talk to a licensed Texas attorney.
