Texas child support is calculated using a formula, not a fixed dollar amount

Texas does not set a flat payment for one child. Instead, the state uses a percentage-of-income formula that depends on how much the paying parent earns. The court takes the paying parent's net monthly income, applies a percentage based on how many children need support, and that becomes the monthly obligation. For one child, the percentage is 20% of net income.

This means a parent earning $2,000 per month would pay roughly $400 per month for one child. A parent earning $5,000 per month would pay roughly $1,000 per month. The actual amount in your case depends entirely on the paying parent's income and whether any adjustments apply.

Texas also has a cap on the income used in the calculation. As of 2024, the formula applies only to the first $9,200 of net monthly income (this figure changes annually). Income above that cap may still be considered by a judge, but the standard percentage does not automatically apply to it.

Key Takeaways

  • Child support for one child in Texas is 20% of the paying parent's net monthly income, up to the state income cap of $9,200 per month.
  • Net income means gross income minus taxes, Social Security, and certain other deductions — not take-home pay after all expenses.
  • A judge can order more or less than the standard percentage if circumstances warrant it, such as high income, custody arrangements, or special needs.
  • The paying parent's income is verified through tax returns, pay stubs, and sometimes a financial affidavit, and changes in income can lead to a modification of the order.

How net income is calculated in Texas

The 20% figure applies to net monthly income, which is not the same as what appears on a paycheck. Net income starts with gross income (wages, salary, self-employment income, rental income, and other sources) and subtracts specific items: federal income tax withholding, Social Security tax, Medicare tax, state income tax (if any), union dues, and health insurance premiums paid by the employee.

Expenses like rent, utilities, car payments, and credit card bills are not subtracted from income for this calculation. Neither are child support or spousal support obligations the paying parent already has. Those are handled separately — if the paying parent is already paying support for other children, the court may adjust the percentage downward.

Self-employed parents and business owners must provide tax returns and sometimes a detailed accounting of business expenses to establish net income. The court typically uses the most recent two years of tax returns to determine an average.

When the court orders more or less than 20%

A judge can deviate from the 20% standard if the case meets certain conditions. Reasons to order more than 20% include: the paying parent earns significantly more than the income cap, the child has special needs or medical expenses, the child attends private school, or the custody arrangement requires it (such as the paying parent having the child most weekends).

Reasons to order less than 20% include: the paying parent already pays support for other children, the paying parent has significant medical expenses or disabilities, the paying parent has the child more than the standard schedule, or the paying parent's income is very low. A parent earning minimum wage might pay less than the full 20% if the judge finds it would create undue hardship.

Any deviation from the standard percentage must be documented in the court order with a written explanation of why the judge chose a different amount. This matters because it affects how the order can be modified later.

Income changes and modifications

Child support orders in Texas can be modified if the paying parent's income changes by 10% or more, or if three years have passed since the order was entered. A parent can request a modification by filing a motion with the court that issued the original order.

If income decreases — due to job loss, demotion, or reduced hours — the paying parent should file for modification before falling behind on payments. Continuing to pay based on old income when income has dropped does not protect the paying parent from owing back support if the modification is granted retroactively.

If income increases, the receiving parent can request a modification to raise the amount. The court will look at the new income and recalculate using the same 20% formula (or whatever percentage was ordered originally).

What income sources are included

Texas counts most sources of income toward the child support calculation. This includes W-2 wages, self-employment income, rental income, interest and dividend income, capital gains, retirement account withdrawals, and bonuses. It also includes income from unemployment benefits, disability benefits, and workers' compensation.

Some income is excluded: means-tested public benefits (like TANF or SNAP), gifts, inheritances, and proceeds from the sale of a primary residence. Overtime and commission income are included but may be averaged over time if they fluctuate significantly.

If a parent deliberately reduces income to lower child support — such as quitting a job or turning down a promotion — the court can impute income, meaning it assigns an income level based on the parent's earning capacity rather than actual current earnings.

How child support is enforced and collected

Once a child support order is in place, the paying parent typically pays through wage withholding, where the employer deducts the amount directly from the paycheck and sends it to the state. The state then distributes it to the receiving parent. This is the most common method because it does not rely on the paying parent to send a check.

If the paying parent is self-employed or does not have an employer, payment is usually made directly to the state's child support collection unit or to the receiving parent, depending on the order. Payments can also be made through a private payment plan if both parents agree.

If a paying parent falls behind, the state can take enforcement action: intercepting tax refunds, placing a lien on property, suspending a driver's license, or referring the case to the district attorney's office. Arrears (back support owed) accrue interest and do not go away, even if the child turns 18.

When child support ends in Texas

Child support in Texas continues until the child turns 18 and graduates from high school, whichever is later. If the child is still in high school after turning 18, support continues until graduation or age 19, whichever comes first.

Support ends earlier if the child marries, joins the military, becomes emancipated, or dies. If the child is disabled and unable to support themselves, either parent can request that support continue past age 18, but this requires a separate court order.

The paying parent does not have the right to stop paying because the receiving parent denies visitation or because the child refuses contact. Visitation and support are separate legal matters, and the paying parent must go to court to address visitation problems.

Frequently Asked Questions

Does Texas child support change if I get custody of the child part-time?

Yes, if you have the child more than the standard schedule (typically one weekend per month and 30 days per year), the court may reduce the percentage or adjust the amount. The more time you have the child, the more the obligation may decrease. You would need to file for modification and provide documentation of the custody arrangement.

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

Income above $9,200 is not automatically included in the 20% calculation, but a judge can order support based on that higher income if circumstances warrant it. The judge must document reasons for doing so. High-income cases often result in orders that cover private school, extracurricular activities, or other expenses beyond basic support.

Can child support be waived if both parents agree?

No. Even if both parents agree to waive support, a judge will not approve it. Child support is considered the child's right, not the parents' right to negotiate away. A judge must review any agreement and ensure it serves the child's best interest.

What happens if the paying parent loses their job?

The obligation does not automatically stop. The paying parent should file for modification as soon as possible, showing proof of job loss and efforts to find new work. Until the modification is granted, the original amount is still owed. If the parent does not file and falls behind, arrears accumulate.

Is child support tax-deductible for the paying parent?

No. As of 2019, child support is not tax-deductible for the paying parent and is not counted as income for the receiving parent. This is different from spousal support (alimony), which has different tax treatment.