Texas uses a formula based on your income, not a flat rate
Texas child support is not a fixed dollar amount. The court calculates what you owe using the Texas Child Support Guidelines, which take your net monthly income and multiply it by a percentage that depends on how many children you support. The percentage starts at 20% of net income for one child and goes up to 25% for five or more children.
The guidelines apply to most cases, but a judge can order a different amount if the guideline amount would be unfair to either parent or the child. This happens when one parent earns significantly more than the other, when a child has special needs, or when a parent has other court-ordered support obligations.
Net monthly income means your gross pay minus taxes, Social Security, Medicare, and health insurance premiums — not deductions like car payments or credit cards. If you are self-employed, own a business, or receive income from investments or rental property, those count too.
Key Takeaways
- Texas multiplies your net monthly income by 20% for one child, 25% for two children, 30% for three, 35% for four, and 40% for five or more.
- The guideline amount stops applying once your net income exceeds $9,200 per month, after which the judge decides the amount based on the factors in the law.
- Income includes wages, self-employment earnings, bonuses, rental income, and investment returns, but not welfare or food stamps.
- A judge can order more or less than the guideline amount if following it would be unjust or if the child has special circumstances.
- Child support continues until the child turns 18, graduates high school, or reaches age 19 — whichever comes first — unless the child is disabled.
What counts as income for the calculation
The Texas Family Code lists what the court counts as income. Wages and salary are the most straightforward: your gross pay before taxes. If you receive a bonus, commission, or overtime, that counts too. If you are paid hourly, the court uses your average over the past two years or your current rate, whichever is more reliable.
Self-employment income is calculated as your gross revenue minus ordinary business expenses. If you own a business, you will need to provide tax returns and business records. Rental income, interest, dividends, and capital gains all count. Retirement account withdrawals and pension payments count as income in the month you receive them.
Income does not include welfare, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), food stamps, or housing vouchers. It also does not include child support you receive for a different child, though that can affect how much you owe for another child.
If you are unemployed or underemployed, the court may impute income — meaning it assigns you an income based on your work history, education, and job market conditions in your area. This prevents someone from deliberately earning less to avoid support.
How the percentage changes based on number of children
| Number of Children | Percentage of Net Income |
|---|---|
| One child | 20% |
| Two children | 25% |
| Three children | 30% |
| Four children | 35% |
| Five or more children | 40% |
The percentage applies to all children you are ordered to support, whether they live with you or not. If you have two children with one parent and one child with another, you owe 30% of your net income total — not 25% for two and then 20% for one.
The guideline percentages apply only if your net monthly income is $9,200 or less. If you earn more than that, the court uses the guideline amount as a starting point but can order any amount it finds just and right based on the factors in the Texas Family Code, including the financial resources of both parents, the standard of living the child would have had if the parents had stayed together, and the time each parent spends with the child.
When a judge can order more or less than the guideline amount
A judge is not required to follow the guideline percentage if doing so would be unjust or inappropriate. The law lists specific reasons a judge may deviate, and either parent can ask the court to consider them.
Common reasons to order more include: the child has special needs or a disability requiring ongoing care or therapy; one parent has significant assets or income beyond what shows on tax returns; the child attends private school; or one parent is hiding income. Common reasons to order less include: the paying parent has other children from a different relationship that they are already supporting; the paying parent has significant medical or disability expenses; or the child spends substantial time with the paying parent, reducing the other parent's expenses.
The court also considers whether the paying parent is incarcerated, disabled, or unable to work. A judge will not reduce support simply because the paying parent chose a lower-paying job or because they have new debts like a car loan or credit cards.
How child support changes if your income changes
Child support is not permanent at the amount ordered on the day of the hearing. Either parent can ask the court to change the amount if there has been a material and substantial change in circumstances. This usually means a change of at least 10% in either parent's income, or a significant change in custody or visitation.
If you lose your job, get a raise, or your custody arrangement changes, you can file a motion to modify support. The court will recalculate using the current income and circumstances. Until the court issues a new order, you still owe the original amount — paying less without a court order puts you in arrears and can result in wage garnishment or contempt charges.
If you are receiving support and the paying parent's income has increased, you can also ask the court to increase the amount. The process is the same: file a motion, provide evidence of the income change, and let the court decide.
How support is collected and enforced
In most cases, child support is collected through wage withholding. The court sends an order to the paying parent's employer, and the employer deducts the support amount from each paycheck and sends it to the state disbursement unit. The state then forwards it to the receiving parent or their attorney.
If the paying parent is self-employed or does not have a regular employer, they may be ordered to pay directly to the state disbursement unit or to the other parent. The court can also place a lien on property, intercept tax refunds, suspend a driver's license, or hold the paying parent in contempt if they fall behind.
If you fall behind on support, arrears accumulate with interest. The Texas Attorney General's office can pursue collection through the state's enforcement system, and the paying parent can face criminal charges if the arrears are substantial and willful.
When child support ends
Child support continues until the child turns 18, graduates high school, or reaches age 19 — whichever comes first. If the child is disabled and unable to support themselves, the court may order support to continue indefinitely.
Support also ends if the child joins the military, gets married, or becomes emancipated. If a child is still in high school after turning 18, support continues until graduation or age 19, whichever is sooner.
The paying parent does not have the right to stop paying because the other parent is not allowing visitation. If visitation is being denied, the paying parent must ask the court to enforce the custody order — not withhold support.
Frequently Asked Questions
What if I make more than $9,200 a month?
The guideline percentage stops applying at $9,200 net monthly income. Above that amount, the judge decides the support amount based on the factors in the law, including both parents' financial resources, the child's needs, and the standard of living the child would have had if the parents stayed together. The judge often uses the guideline amount as a starting point but can order more or less.
Does child support include health insurance and daycare?
The guideline amount covers basic support only. The court usually orders the paying parent to also provide health insurance for the child and to split unreimbursed medical expenses. Daycare costs are often split between parents or ordered as additional support, depending on the circumstances and who has custody.
Can I get child support reduced if I lose my job?
You can ask the court to reduce support if you lose your job, but you must file a motion and prove the job loss was not intentional. If the judge believes you quit to avoid support, they may impute income based on your earning capacity instead. You must file the motion before you fall behind — paying less without a court order creates arrears.
What if the other parent is not working?
The court can impute income to a parent who is not working, based on their education, work history, and the job market in your area. The court will not impute income at minimum wage if the parent is caring for a young child, but it may impute income if the child is school-age or if the parent is capable of working but choosing not to.
Does child support change if custody changes?
Yes. If the child moves to live primarily with the other parent, or if custody becomes more equal, the support amount recalculates based on the new arrangement. The parent who now has less custody may owe more support, or the amount may decrease significantly if custody is now split evenly.