Texas uses a formula based on your income and how much time each parent spends with the child

Texas child support is calculated using the Texas Child Support Guidelines, a formula set by state law. The calculation starts with the paying parent's net monthly income, applies a percentage based on how many children need support, and then adjusts for custody time and other factors. The result is a number the court uses as a starting point — judges can order more or less, but they must explain why in writing if they do.

The formula itself is straightforward to understand, but the income calculation and adjustments require you to gather specific documents. This section walks through what the formula actually does and what numbers go into it.

Key Takeaways

  • Texas applies a percentage (15% to 20% depending on child count) to the paying parent's net monthly income, capped at $9,200 per month as of 2024, though this cap adjusts yearly.
  • Net income includes wages, self-employment earnings, bonuses, and rental income, but excludes child support already being paid for other children and certain benefits like SNAP.
  • If both parents share custody roughly equally, the guideline amount is reduced by a formula that accounts for the non-paying parent's income and custody time.
  • The court can order more or less than the guideline amount if it finds the guideline unjust or inadequate, but must state its reasons on the record.
  • You will need recent pay stubs, tax returns, and documentation of custody time to present an accurate income picture to the court.

The percentage brackets and income cap

Texas law sets a flat percentage of net monthly income for each child. The percentages are: 15% for one child, 20% for two children, 25% for three children, 30% for four children, 35% for five children, and not less than 40% for six or more children. These percentages apply only to income up to a monthly cap. As of 2024, that cap is $9,200 per month, but the cap adjusts each year on January 1 based on inflation.

The cap means that if the paying parent earns $15,000 per month, only $9,200 is subject to the percentage. For example, a parent earning $15,000 per month with two children would pay 20% of $9,200 ($1,840), not 20% of $15,000. The court can order support above the cap if it finds the guideline amount unjust or inadequate, and it must explain why.

What counts as net income

Net income is not the same as take-home pay. It starts with gross income — wages, salary, self-employment earnings, bonuses, commissions, overtime, rental income, and interest or dividend income — and then subtracts specific deductions. The deductions are: federal, state, and local income taxes (based on an estimate, not what you actually paid); Social Security and Medicare taxes; health insurance premiums you pay; and child support you are already paying for other children.

Income that does not count includes SNAP benefits, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), workers' compensation benefits, and unemployment benefits. If you are self-employed, you subtract ordinary business expenses, but the court will look closely at what you claim as an expense — personal vehicle use, meals, and entertainment are common areas of dispute.

If you are unemployed or underemployed, the court may impute income — meaning it assigns you an income you are not actually earning — if it finds you are deliberately working less to avoid child support. The court uses your work history, education, and job market conditions to set an imputed income amount.

Adjustments when both parents share custody time

If the paying parent has the child at least 30% of the time (roughly 110 days per year), the guideline amount is reduced. The reduction is calculated by multiplying the guideline amount by a fraction: the paying parent's net income divided by the sum of both parents' net incomes, then multiplied by the percentage of time the child is with the paying parent. This sounds complex, but it reflects the idea that the paying parent is already spending money on the child during custody time.

For example, if the guideline amount is $1,000 per month, the paying parent earns $3,000 per month, the other parent earns $2,000 per month, and the paying parent has the child 40% of the time, the reduction would be roughly $400 per month. The paying parent would owe approximately $600 instead of $1,000. The exact calculation depends on how the court counts custody time — overnight stays, school days, and summer breaks are all counted differently depending on the custody order.

When the court orders more or less than the guideline

The guideline amount is a starting point, not a ceiling or floor. A judge can order more or less if the guideline would be unjust or inadequate. The law lists 13 factors the court can consider: the age and needs of the child, the paying parent's ability to pay, the other parent's income, the standard of living the child would have had if the parents had stayed together, the tax consequences of the support order, and whether either parent has other children to support, among others.

If a judge orders a different amount, the order must state the specific reasons why the guideline was unjust or inadequate. This written explanation is important because it becomes part of the record if either parent later asks to change the order. Common reasons for deviating include: the child has special needs requiring more support, the paying parent has a very high income and the guideline amount would be inadequate to meet the child's needs, or the paying parent has other children from previous relationships and the guideline would leave those children without adequate support.

Documents you need to calculate support accurately

To present an accurate income picture, gather the last two years of federal tax returns (both 1040 and schedules), the last three months of pay stubs, and documentation of any bonuses, commissions, or overtime you received in the past year. If you are self-employed, bring profit and loss statements, business tax returns, and bank statements showing business income. If you receive rental income, bring the lease and documentation of expenses.

You will also need proof of health insurance premiums you pay, documentation of any child support you are already paying for other children, and a record of custody time — either the existing custody order or a calendar showing when the child is with each parent. If you claim deductions for self-employment expenses, be prepared to document them with receipts or business records. The court will verify income through tax returns and may request additional documentation if your pay stubs do not match your tax returns.

How the calculation changes if income varies

If your income is not stable — you work on commission, have seasonal work, or your hours vary — the court will average your income over the past two years using your tax returns. If you recently started a job or had a major change in income, tell the court and bring documentation of the change. The court can use current income instead of averaged income if circumstances have changed significantly.

If you lose your job or your income drops, you can ask the court to modify the child support order. The modification is not automatic — you must file a motion and show the court that your income has decreased. The court will not reduce support retroactively unless you filed the motion before the income dropped, so do not wait to ask for a change.

Frequently Asked Questions

Does overtime count as income for child support?

Yes. The court looks at your average overtime over the past two years using your tax returns. If you regularly work overtime, it counts as part of your income. If overtime is rare or new, the court may not include all of it, but you should disclose it and let the court decide.

What if I am self-employed and my income varies a lot?

The court will average your net self-employment income over the past two years using your tax returns and Schedule C forms. If your business is new or has changed significantly, bring documentation of the change and explain it to the court. The court can use current income if the change is substantial and permanent.

Can the court order child support above the income cap?

Yes. If the court finds the guideline amount unjust or inadequate — usually because the paying parent has very high income and the child's needs are substantial — it can order support above the cap. The order must explain why the guideline was inadequate.

If I pay child support for another child, does that reduce what I owe in this case?

Yes. Child support you are already paying for other children is subtracted from your gross income before the percentage is applied. Bring documentation of the existing support order and proof that you are paying it.

What happens if the paying parent refuses to disclose income?

The court can hold the parent in contempt, impose sanctions, or impute income based on the parent's work history and education. If you believe the other parent is hiding income, bring documentation of their employment, assets, or lifestyle to court and ask the judge to investigate.