If you’re going through a divorce or custody case in Texas, one of the most pressing questions is: how much child support will be owed? Texas uses a structured, guideline-based formula to calculate child support, but the details and the exceptions matter. Here’s a clear breakdown of how the process works and what factors can influence your final child support amount.
Texas Uses “Guideline” Child Support
Texas Family Code Chapter 154 establishes guideline child support, a formula based primarily on the paying parent’s (the “obligor’s”) net monthly income and the number of children involved. Courts presume that guideline support is in the best interest of the child, though this presumption can be challenged with sufficient evidence.
Step One: Calculate Net Monthly Resources
Before applying the percentage guidelines, the court must determine the paying parent’s net monthly resources, which generally includes:
- Wages and salary
- Self-employment income
- Commissions, tips, bonuses, and overtime
- Interest, dividends, and royalty income
- Rental income
- Retirement and pension benefits
- Social Security benefits (excluding SSI)
- Unemployment or disability benefits
From gross income, the court subtracts:
- Federal income taxes (based on a single-person tax rate table)
- Social Security taxes
- Union dues, if applicable
- The cost of health and dental insurance for the child
The result is the net monthly resources figure used to calculate the support obligation.
Step Two: Apply the Guideline Percentages
Once net monthly resources are determined, Texas applies a percentage based on how many children the parent is supporting:
| Number of Children | Percentage of Net Monthly Resources |
|---|---|
| 1 child | 20% |
| 2 children | 25% |
| 3 children | 30% |
| 4 children | 35% |
| 5 children | 40% |
| 6+ children | Not less than for 5 children |
These percentages may be adjusted downward if the paying parent also supports children from another relationship who are not part of the current case.
The Income Cap
Texas applies the guideline percentages to net monthly resources up to a statutory cap, which is adjusted periodically by the state (it has generally increased over time from its original $7,500 monthly cap). Income above this cap isn’t automatically subject to the same percentage though a court can order additional support above the cap if the requesting parent proves the child’s proven needs exceed the guideline amount, particularly in higher-income households.
What If a Parent Is Unemployed or Underemployed?
If a parent is intentionally unemployed or underemployed to avoid paying child support, Texas courts can calculate support based on earning potential rather than actual income. This is known as applying support based on “intentional underemployment,” and courts look at factors like education, work history, and job market conditions to estimate what the parent should reasonably be earning.
Medical and Dental Support
In addition to guideline monetary support, Texas law generally requires the paying parent (or sometimes both parents) to provide health insurance for the child if it’s available at a reasonable cost, along with a contribution toward uninsured medical and dental expenses. These obligations are calculated and ordered separately from the base guideline percentage.
When Courts Deviate From the Guidelines
While guideline support is presumed appropriate, Texas judges have discretion to deviate up or down based on factors including:
- The child’s specific educational, medical, or special needs
- Extraordinary travel expenses for possession and access
- Each parent’s ability to contribute additional support
- Childcare expenses necessary for either parent’s employment or education
- The amount of time each parent spends with the child
- Alimony or spousal maintenance being paid or received
- Debts or debt-related expenses assigned to either parent
If you believe your case involves circumstances that justify a deviation from the standard guidelines, it’s important to present clear evidence supporting that request.
How Long Does Child Support Last in Texas?
Generally, child support continues until the child turns 18 or graduates from high school, whichever occurs later. Support may continue indefinitely for a child with a disability that existed before age 18, and it typically ends earlier if the child is emancipated, marries, or joins the military.
Can Child Support Orders Be Modified?
Yes. Either parent can request a modification of child support if there has been a material and substantial change in circumstances, such as a significant change in income, a change in the child’s needs, or a change in the possession schedule. Texas also allows for review and modification if it has been three years since the order was established and the guideline amount would differ by either 20% or $100 from the current order.
What Happens If Child Support Isn’t Paid?
Texas takes child support enforcement seriously. Nonpayment can lead to wage garnishment, tax refund interception, suspension of a driver’s or professional license, liens on property, and even contempt of court, which can carry fines or jail time in severe cases.
Why You Need a Child Support Attorney
While the Texas guideline formula looks straightforward on paper, real cases often involve disputes over income calculation, self-employment earnings, deviation requests, or enforcement issues. An experienced family law attorney can make sure your child support order accurately reflects your circumstances whether you’re seeking support, contesting an amount, or requesting a modification.
Get Help From a Houston Child Support Lawyer
At Daniel Ogbeide Law, we help parents throughout Houston, Austin, San Antonio, Dallas, and the surrounding Texas communities calculate, negotiate, enforce, and modify child support orders. Whether you’re establishing a new order or need help with an existing one, our team is ready to advocate for your child’s needs and your rights.
Call (832) 321-7005 today for a free consultation.
