Texas uses a formula based on your income, not a fixed dollar amount

Child support in Texas is not a set number. The amount depends on how much the paying parent earns, how many children need support, and whether the paying parent has other children from previous relationships. Texas courts use the Child Support Guidelines, which apply a percentage of the paying parent's income to calculate the monthly obligation.

The percentage starts at 20% of the paying parent's gross monthly income for one child and increases with each additional child. The calculation stops once the paying parent's monthly income reaches $9,200 (as of 2024, though this figure adjusts annually). Above that income level, a judge has discretion to order support based on what the child's actual needs are.

Both parents' incomes matter, but the paying parent's income is what gets multiplied by the percentage. The receiving parent's income can affect the final amount, but it does not reduce the guideline calculation in the same direct way.

Key Takeaways

  • Texas child support is 20% of gross monthly income for one child, 25% for two children, 30% for three children, 35% for four children, 40% for five children, and 50% for six or more children.
  • The guideline percentage applies only to the first $9,200 of the paying parent's gross monthly income; income above that amount gives the judge discretion to order additional support based on the child's needs.
  • Gross income includes wages, salary, commissions, bonuses, self-employment income, rental income, and some types of benefits, but excludes child support already being paid for other children.
  • A judge can order more or less than the guideline amount if the guideline would be unjust or inappropriate given the specific circumstances of the case.
  • The amount can change if either parent's income changes significantly or if custody arrangements change.

What counts as income for the calculation

Texas courts look at gross monthly income, which means income before taxes are taken out. This includes wages from a job, self-employment income, commissions, bonuses, overtime, rental income from property, interest and dividends, and some government benefits like unemployment or workers' compensation.

Income does not include child support the paying parent is already ordered to pay for other children, or spousal support (alimony) already being paid. If the paying parent is self-employed, the court uses net income after business expenses, not the full revenue.

If a parent is not working or is underemployed, the court may "impute" income — meaning it assigns an income level based on what the parent could earn. This happens when a parent deliberately reduces income to avoid paying support, or when a parent is capable of earning more than they currently do.

How the percentage changes with more children

The guideline percentage increases for each child in the household who needs support. The structure is straightforward: one child is 20%, two children is 25%, three is 30%, four is 35%, five is 40%, and six or more is 50%. These percentages apply to the first $9,200 of gross monthly income.

The count includes only children for whom the paying parent has a legal duty to support. If the paying parent has children from a previous relationship who are already receiving court-ordered support, those children count toward the percentage. Children born to the current relationship also count, even if they were born after the divorce or separation.

If the paying parent has children with multiple partners, the calculation becomes more complex. A judge may divide the guideline obligation among all the children, rather than applying the full percentage to each household separately.

What happens when income exceeds $9,200 per month

Once the paying parent's gross monthly income goes above $9,200, the guideline percentage no longer applies automatically. Instead, the judge has discretion to order child support based on what the child actually needs and what the paying parent can afford to pay.

In practice, judges often continue to apply the guideline percentage to the income above $9,200, but they are not required to do so. A judge might order less support if the guideline amount would be excessive relative to the child's needs, or more support if the child has special needs or the paying parent has substantial resources.

The paying parent can request a hearing to argue that the guideline amount is unjust or inappropriate. The receiving parent can also request that support be higher than the guideline if the child has significant medical, educational, or other needs that the guideline amount would not cover.

Reasons a judge might order more or less than the guideline amount

Texas law allows judges to deviate from the guideline percentage if applying it would be unjust or inappropriate. Common reasons include the child's special needs, the child's educational expenses, the paying parent's ability to pay, the receiving parent's income and resources, and the amount of time each parent spends with the child.

If the paying parent has custody for more than the standard amount of time (typically more than 40% of the year), the guideline amount may be reduced. If the paying parent has very high income and the guideline amount would be far more than the child needs, a judge might order less. Conversely, if the child has significant medical or educational needs, a judge might order more.

Either parent can request a deviation by presenting evidence at the hearing. The judge must state in writing why the guideline amount is unjust or inappropriate if a deviation is ordered.

How child support changes over time

Child support does not automatically increase or decrease when circumstances change. Either parent can request a modification if there has been a material and substantial change in circumstances — typically a significant change in income, a change in custody, or a change in the child's needs.

In Texas, if the paying parent's income has changed by at least 10% since the last order, or if three years have passed since the order was entered, either parent can request a review and possible modification. The court will recalculate based on current income and circumstances.

Child support continues until the child turns 18, graduates from high school (whichever is later), or becomes emancipated. If the child is disabled and unable to support themselves, support can continue beyond age 18.

How to find out what you would owe or receive

You can estimate the amount using the guideline percentages and your gross monthly income. Multiply your income by the percentage for the number of children (up to the $9,200 cap), and you have a rough figure. For example, if you earn $4,000 per month and have two children, 25% of $4,000 is $1,000 per month.

The actual amount ordered by a court may differ based on the receiving parent's income, custody arrangements, special needs, or other factors the judge considers. An attorney or a family law mediator can provide a more precise estimate based on your specific situation.

Texas also offers a Child Support Calculator on the Texas Attorney General's website that walks through the guideline calculation. This tool is informational and does not replace a court order, but it can help you understand how the formula works with your numbers.

Frequently Asked Questions

Does the receiving parent's income reduce what the paying parent owes?

The receiving parent's income does not directly reduce the guideline calculation. However, a judge can consider the receiving parent's income and resources when deciding whether to deviate from the guideline amount. If the receiving parent has substantial income, a judge might order less support than the guideline suggests, but this is not automatic.

What if the paying parent loses their job or income drops significantly?

You can request a modification of the child support order. You must show the court that your income has changed materially and substantially. The court will recalculate based on your current income. If you are unemployed, the court may impute income based on your earning capacity, so simply being out of work does not automatically eliminate your obligation.

Can child support be ordered for a child over 18?

Child support normally ends when the child turns 18 or graduates from high school, whichever is later. If the child is disabled and unable to support themselves, the court can order support to continue beyond 18. The paying parent can also agree to pay support for college or other expenses, but the court cannot order this unless the child is disabled.

What if the paying parent has children with multiple partners?

The court divides the guideline obligation among all children for whom the paying parent has a legal duty to support. The percentage still applies, but the total amount is divided proportionally. For example, if you owe support for four children total but two are with one partner and two with another, the court may order 35% of your income divided between the two households.

How often can child support be modified?

Either parent can request a modification at any time if there is a material and substantial change in circumstances. Texas also allows a review every three years or if income has changed by at least 10% since the last order. The court will not modify an order simply because time has passed without a change in circumstances.