Texas uses a formula based on the paying parent's income, not a judge's discretion

Texas child support is calculated using the Texas Child Support Guidelines, a formula set by state law. The amount depends almost entirely on how much the paying parent earns and how many children need support. A judge does not decide the amount based on what seems fair — they apply the formula, unless both parents agree to something different in writing.

The formula starts with net monthly income: what the paying parent takes home after taxes, Social Security, and union dues. The state then applies a percentage to that income. For one child, that percentage is 20 percent. For two children, 25 percent. For three, 30 percent. For four, 35 percent. For five or more, 40 percent.

The formula stops applying once net monthly income reaches a certain threshold. That threshold changes each year — it was $9,200 per month in 2024, but you should check the current year's amount with the Texas Attorney General's office or a family law attorney, because it adjusts for inflation. Income above that threshold may still be ordered as child support, but the judge has discretion on how much.

Key Takeaways

  • Child support in Texas is calculated by taking the paying parent's net monthly income and multiplying it by a set percentage: 20 percent for one child, 25 percent for two, 30 percent for three, 35 percent for four, and 40 percent for five or more.
  • Net income means take-home pay after taxes, Social Security, and certain deductions — not gross salary.
  • The formula applies only up to a monthly income threshold that changes yearly; income above that threshold is discretionary.
  • Both parents can agree in writing to a different amount, and the judge will usually approve it unless it harms the children.

What counts as income for the formula

Income includes salary and wages, but also bonuses, commissions, overtime, self-employment income, rental income, interest and dividends, and income from retirement accounts. It also includes unemployment benefits, disability payments, and workers' compensation. If the paying parent receives spousal support from a previous relationship, that counts as income too.

Some things do not count. Child support the paying parent already pays to other children is subtracted from income before the formula is applied. So does spousal support the paying parent pays to an ex-spouse. Court-ordered health insurance premiums for the child are also subtracted. If the paying parent is ordered to pay for childcare so the other parent can work, that is subtracted too.

Income from means-tested benefits — like Supplemental Security Income or Temporary Assistance for Needy Families — does not count. Neither does the value of food stamps or housing assistance. If the paying parent is in school full-time and receiving no income, the court may impute income (assume they could earn something), but that is a separate decision and requires a hearing.

How the court determines net monthly income

Net monthly income is not what the paying parent claims it is. The court looks at tax returns, pay stubs, and bank statements. If the paying parent is self-employed, the court usually uses the average net income from the past two years of tax returns. If income is irregular — like commission or seasonal work — the court may average it over a longer period or use the most recent year, depending on what the evidence shows.

If the paying parent is unemployed or underemployed, the court may decide the person could earn more and impute income based on their education, work history, and local job market. This does not happen automatically — the other parent has to ask for it and present evidence. A parent who quits a job to avoid child support can be imputed income at the level they were earning before.

The paying parent can present evidence that their actual income is lower than what appears on paper — for example, if they have large business expenses or if they recently lost a high-paying job. But they have to prove it with documents, not just their word.

When the court can order more than the formula amount

If the paying parent's net income is above the threshold, the judge has discretion to order more child support than the formula would produce. The judge considers factors like the actual needs of the children, the paying parent's ability to pay, the standard of living the children would have had if the parents stayed together, and any other relevant circumstances.

The judge can also order the paying parent to pay for health insurance, dental insurance, vision insurance, and uninsured medical expenses for the child. These are separate from the base child support amount. The judge decides who pays and in what proportion — often split between the parents based on their incomes.

The judge can also order the paying parent to pay for childcare expenses, summer camp, private school tuition, or extracurricular activities. Again, this is separate from base support and requires the judge to find that the expense is reasonable and necessary.

How custody arrangement affects the calculation

The formula assumes one parent has primary custody and the other pays support. If the parents share custody equally — meaning the child spends roughly the same amount of time with each parent — the calculation changes. Each parent's support obligation is reduced based on the percentage of time they have the child.

If one parent has the child 60 percent of the time and the other 40 percent, the parent with 40 percent still pays support, but the amount is lower than it would be if that parent had no custody time. The exact reduction depends on the income difference between the parents and the custody split.

If the parents alternate custody of different children — one parent has primary custody of one child, the other parent has primary custody of another — the court calculates support for each child separately and then offsets the amounts. If Parent A owes $400 for one child and Parent B owes $350 for another, Parent A pays Parent B $50.

Modifications when income or circumstances change

Child support orders are not permanent. If the paying parent's income drops by 10 percent or more, or if custody changes, either parent can ask the court to modify the order. The court will recalculate using current income and circumstances. A job loss, a significant raise, a change in custody, or the child turning 18 can all trigger a modification.

The paying parent cannot simply stop paying while waiting for a modification hearing. Payments are still due. If the paying parent falls behind, the other parent can ask the court to enforce the order, and the court can garnish wages, seize tax refunds, or hold the paying parent in contempt.

Either parent can ask for a modification every three years, or sooner if there has been a substantial change in circumstances. The court will not modify an order just because the paying parent wants to pay less — there has to be a real change in income or custody.

How to find the current income threshold and percentages

The Texas Attorney General's Child Support Division publishes the current year's income threshold and guidelines on their website. You can also find them in the Texas Family Code, Section 154.125. If you are working with a family law attorney, they will have the current numbers.

The threshold and percentages are adjusted each year on September 1 to account for inflation. If you are looking at an old order or an article written in a previous year, the numbers may have changed. Always check the current year's guidelines before relying on a calculation.

Frequently Asked Questions

Does the paying parent's new spouse's income count toward child support?

No. Only the paying parent's own income is counted. A new spouse's income does not increase the paying parent's obligation. However, if the new spouse's income allows the paying parent to spend less on household expenses, the court might consider that when deciding whether to impute income or modify an existing order.

What if the paying parent is self-employed or has irregular income?

The court usually averages self-employment income over two years of tax returns. If income is seasonal or commission-based, the court may average over a longer period or use the most recent year, depending on what the evidence shows. You will need to provide tax returns, profit-and-loss statements, and bank records.

Can parents agree to pay less than the formula amount?

Yes, but only in writing and only if the judge approves it. The judge will not approve an agreement that leaves a child without adequate support. Both parents usually need to sign a written agreement, and it has to be filed with the court. The judge reviews it before making it an order.

What happens if the paying parent's income goes above the threshold?

The formula stops applying at the threshold, but the judge can still order child support on the income above it. The judge looks at the child's actual needs, the paying parent's ability to pay, and the standard of living the child would have had if the parents stayed together. There is no automatic percentage — it is up to the judge's discretion.

Can child support be modified if the paying parent gets a raise?

Only if the raise is large enough to count as a substantial change in circumstances — usually 10 percent or more of the current support amount. A small raise does not trigger a modification. The other parent would have to ask the court for a modification, and the court would recalculate based on the new income.