Texas child support amounts are set by a formula, not by what you ask for

Texas uses a percentage-of-income formula to calculate child support. The court takes your gross monthly income, applies a percentage based on how many children you support, and that becomes the order amount. For one child, the standard percentage is 20 percent of your gross income. This is the starting point — a judge can order more or less, but only if they find reasons to deviate and put those reasons in writing.

The formula applies to the first $9,200 of gross monthly income (as of 2024; this cap adjusts annually). If you earn more than that, the judge has discretion to order support on the additional income, but it is not automatic. The order covers child support only — medical support, child care costs, and health insurance are handled separately.

Key Takeaways

  • One child in Texas means 20 percent of your gross monthly income up to $9,200, which is the standard formula amount a judge starts with.
  • If you earn more than $9,200 per month, the judge decides whether to order support on the extra income and how much.
  • The order is based on gross income before taxes, not take-home pay, and includes salary, bonuses, self-employment income, and some benefits.
  • A judge can order more or less than the formula amount if specific reasons exist — like the child's actual needs, your other children, or your ability to pay.
  • The order does not include health insurance, medical costs, or child care; those are separate court orders.

What counts as income for the calculation

The court uses gross income, which means before taxes come out. This includes your salary or hourly wages, bonuses, commissions, overtime, self-employment income, rental income, Social Security benefits (except SSI), unemployment benefits, and some disability payments. It does not include means-tested benefits like TANF or SNAP, or Supplemental Security Income (SSI).

If you are self-employed, the court looks at your net profit from your business (revenue minus ordinary business expenses), not your gross business revenue. If you own a business with a spouse or partner, only your share counts. If you are unemployed or underemployed, the court may use your earning capacity — what you could reasonably earn — rather than what you actually earn now, but only if the judge finds you are intentionally not working or working below your ability.

How the 20 percent formula works in practice

Take a concrete example: if you earn $3,000 per month gross, the calculation is straightforward. Twenty percent of $3,000 is $600. That is the standard child support order amount before any adjustments.

If you earn $10,000 per month gross, the first $9,200 is subject to the 20 percent formula: $9,200 × 0.20 = $1,840. The remaining $800 is above the cap. The judge then decides whether to order support on that $800 and at what percentage — it could be zero, or it could be 20 percent, or somewhere in between. The judge must state their reasoning in the order.

If you support other children outside this case — from another relationship, for example — the percentages change. Two children is 25 percent, three is 30 percent, four is 35 percent, five is 40 percent, and six or more is not less than 40 percent. But those percentages apply only if you are actually ordered to pay support for those other children or if they live with you.

Reasons a judge might order more or less than the formula

Texas law lists specific factors a judge can use to deviate from the standard percentage. These include the child's actual needs and standard of living before the separation, the ability of each parent to contribute to the child's needs, the age and health of the child, the child's educational needs, the financial resources of both parents, the amount of time each parent spends with the child, and whether either parent has other children they support.

A judge might order more than 20 percent if the child has special medical or educational needs, or if the paying parent has a much higher income and the child's standard of living was very high. A judge might order less if the paying parent has very limited income, or if the other parent has substantial resources and the child's needs are already met, or if the paying parent has other children from other relationships who depend on them.

The judge must write down the specific reasons for any deviation. If you disagree with the amount, you can appeal, but you will need to show that the judge abused their discretion — meaning they acted without reason or applied the law incorrectly.

Medical support and other costs are separate orders

Child support for one child covers basic living expenses — housing, food, clothing, transportation. It does not automatically include health insurance, medical costs, or child care. The court issues separate orders for those.

One parent is usually ordered to carry health insurance on the child if it is available through their job at a reasonable cost (generally under 10 percent of their gross income). The other parent may be ordered to reimburse that parent for the insurance premium, or to pay a portion of uninsured medical expenses. Child care costs related to work or school are typically split between the parents, often in proportion to their incomes.

How the order is enforced and when it changes

Once the court signs the child support order, the paying parent's employer is notified and money is withheld from their paycheck — this is called wage withholding. The money goes to the state's child support collection agency, which forwards it to the other parent. If you are self-employed or paid in cash, you pay directly to the agency or the other parent, depending on the order.

The order stays in place until the child turns 18, graduates high school (whichever is later), or dies. You can ask the court to change the amount if your income changes significantly — either up or down — or if the other parent's circumstances change. A change in income of 10 percent or more, or a change in custody, usually gives you grounds to ask for a modification. You must file a motion with the court; the amount does not change automatically.

Frequently Asked Questions

Does child support stop when the child turns 18?

Child support continues until the child turns 18 and graduates high school, or until the child turns 19 if they are still in high school. If the child does not graduate, support stops at 19. Support does not continue for college or after high school, even if the child is still in school.

What if I lose my job or my income drops?

You can file a motion to modify the order. The court will look at your new income and may lower the amount. However, the order does not change on its own — you must ask the court. If you fall behind on payments while waiting for a hearing, you may owe back support even if the judge later lowers the amount going forward.

Can the mother ask for more than 20 percent?

Yes. The mother can ask the judge to order more than the standard 20 percent if she shows the child has special needs, high medical costs, or attended an expensive school before the separation. The judge must find a reason to deviate and write it down. The judge can also order support on income above $9,200 per month.

Does child support include money for the mother, or only the child?

Child support is for the child's living expenses, not for the mother's personal use. However, the money typically goes to the parent with primary custody, who uses it for housing, food, utilities, and other household costs that benefit the child. The court does not require an accounting of how the money is spent.

What if I have another child with a different partner after this order?

If you have another child and are ordered to pay support for that child, your percentage for the first child does not automatically change. You would need to file a motion to modify the original order, showing that your income is now divided among more children. The court may lower the amount for the first child, but only if you ask and the judge agrees.