Texas uses a percentage of the paying parent's income, not a flat fee
Texas child support is calculated as a straight percentage of the paying parent's net monthly income. The state does not use a dollar amount or a case-by-case negotiation. Instead, the law sets a fixed percentage based on how many children need support. A judge can order a different amount only if both parents agree or if the judge finds the standard percentage would be unjust or inappropriate for your specific situation.
The percentage applies to income after taxes, Social Security, and certain court-ordered deductions are removed — not gross income. This means the actual dollar amount depends entirely on what the paying parent earns each month.
Key Takeaways
- Texas law sets child support at 20% of net monthly income for one child, 25% for two children, 30% for three children, 35% for four children, 40% for five children, and not less than 50% for six or more children.
- Net monthly income means income after taxes and mandatory deductions, not the gross amount on a paycheck.
- The percentage applies to income up to $9,200 per month; income above that amount is handled differently and requires a judge's decision.
- A judge can order more or less than the standard percentage if both parents agree or if applying the standard amount would be unjust in your case.
- The paying parent's income is verified through tax returns, W-2 forms, pay stubs, and sometimes a sworn statement about self-employment income.
The standard percentages for each number of children
Texas Family Code Section 154.125 sets these percentages:
| Number of Children | Percentage of Net Monthly Income |
|---|---|
| One child | 20% |
| Two children | 25% |
| Three children | 30% |
| Four children | 35% |
| Five children | 40% |
| Six or more children | Not less than 50% |
These percentages are the presumed amount — meaning they are what the court will order unless there is a reason not to. The percentages do not change based on custody arrangement, how much time each parent spends with the child, or the receiving parent's income. They depend only on the number of children and the paying parent's net income.
If the paying parent has other children from other relationships who are not part of the current case, a judge may reduce the percentage. This is called a deviation, and it requires the judge to find that applying the standard percentage would be unjust or inappropriate.
What counts as net monthly income
Net monthly income starts with gross income — wages, salary, self-employment earnings, bonuses, commissions, overtime, rental income, and certain benefits. Then you subtract taxes (federal, state, and Social Security), health insurance premiums the paying parent pays, and court-ordered child support or spousal support already being paid for other children or a former spouse.
Income does not include means-tested benefits like SNAP, TANF, or Medicaid. It also does not include the value of food, housing, or transportation provided by an employer, though the actual cash value of those things may be counted in some cases.
Self-employment income is trickier. The paying parent must provide tax returns, business records, or a sworn statement. A judge may average income over time if it fluctuates, or may use the most recent year's tax return as the baseline.
The income cap and what happens above it
The standard percentages apply only to the first $9,200 of net monthly income. Any income above $9,200 is not automatically subject to the percentage. Instead, a judge must decide whether to order support on that extra income and, if so, how much.
This decision is called a deviation above the cap. The judge considers factors like the paying parent's actual ability to pay, the needs of the child, the standard of living the child would have had if the parents had stayed together, and any other relevant circumstances. A judge might order 10% of income above $9,200, or 20%, or nothing at all — it depends on the case.
This cap is adjusted every two years based on inflation. The current cap of $9,200 took effect in 2024. Check with the Texas Attorney General's office or your local court to confirm the current cap if you are working on a case now.
When a judge can order a different percentage
A judge may order child support that is higher or lower than the standard percentage if the judge finds that applying the standard amount would be unjust or inappropriate. This is called a deviation. Common reasons for deviation include:
- The paying parent has other children from other relationships who are not part of this case.
- The paying parent is disabled, retired, or has very low income.
- The child has special needs or medical expenses.
- The paying parent has significant assets or income from sources other than wages.
- Both parents agree to a different amount.
- The standard percentage would leave the paying parent unable to meet basic living expenses.
A deviation requires a written finding by the judge explaining why the standard percentage is unjust or inappropriate. The judge must state the specific factors considered and the amount ordered. If both parents agree in writing to a different amount, the judge usually approves it without requiring a deviation finding, though the judge still has the authority to reject an agreement if it appears not to be in the child's best interest.
How income is verified in court
The paying parent must provide proof of income. The most common documents are:
- The most recent two years of federal income tax returns (Form 1040 and all schedules).
- Recent pay stubs covering at least the last three months.
- W-2 forms from the current and previous year.
- For self-employed parents, business tax returns, profit-and-loss statements, and bank statements.
- A sworn statement (affidavit) about income if documents are not available.
If the paying parent refuses to provide documents or the documents do not match what they claim to earn, a judge may order them to appear in court and testify under oath. A judge can also order the paying parent to sign a release allowing the court to request income information directly from employers or the Texas Workforce Commission.
The receiving parent (or the attorney representing the state, if the state is collecting support) can challenge the paying parent's claimed income. If there is a dispute, the judge decides what the actual income is based on the evidence presented.
Frequently Asked Questions
Does the percentage change if the parents share custody equally?
No. Texas law does not reduce the percentage based on how much time each parent spends with the child. The percentage depends only on the number of children and the paying parent's income. However, if one parent pays support and the other also has income, a judge may consider both incomes when deciding whether to deviate from the standard percentage.
What if the paying parent's income changes after the order is made?
A significant change in income — usually a 10% or more change — can be grounds to ask a judge to modify the child support order. You would file a motion to modify with the court that issued the original order. The judge will recalculate based on the new income and may increase, decrease, or leave the support amount the same.
Can child support be ordered on income above $9,200 per month?
Yes, but only if a judge decides to order it. The standard percentages do not automatically apply to income above the cap. A judge must make a separate decision about whether and how much support to order on that extra income, considering the child's needs and the paying parent's circumstances.
What if the paying parent is unemployed or has no income?
A judge can still order child support. The amount might be based on the paying parent's earning capacity — what they could earn if they were working — rather than actual current income. A judge may also order a minimum amount. If the paying parent later finds work, the order can be modified based on the new income.
Does the percentage include health insurance for the child?
No. The percentage is for basic child support only. A judge typically orders the paying parent to also provide health insurance for the child if it is available through their employer or at a reasonable cost. This is ordered separately from the percentage-based support amount.