Introduction
Child support is a cornerstone of family law in Texas, ensuring that children’s financial needs are met even when parents are no longer together. If you’re navigating a divorce, separation, or child custody case, one of the most pressing questions you might face is, “How much child support am I required to pay or entitled to receive?”
In Texas, the calculation of child support is governed by strict state guidelines under the Texas Family Code. However, many factors—such as income level, number of children, and specific family circumstances—can impact the final calculation.
- What is Child Support?
Child support refers to the financial obligation a non-custodial parent (the parent who does not have primary custody) owes to the custodial parent (the parent with primary custody). These payments are designed to cover a child’s basic needs, including: Housing, Food and clothing, Healthcare and insurance, Educational expenses
Child support in Texas is governed by the Texas Family Code, Section 154, which outlines the percentage of income a non-custodial parent must pay based on their net monthly resources and the number of children requiring support.
Step-by-Step Guide to Calculating Child Support in Texas
- Determine Net Monthly Income
The first step in calculating child support is determining the non-custodial parent’s net monthly income, which includes:
- Salary or wages
- Self-employment income
- Bonuses, commissions, and tips
- Investment income (e.g., rental property or dividends)
- Retirement benefits or pensions
Key Deductions Allowed by Texas Law:
The following deductions are subtracted from gross income to arrive at net monthly income:
- Federal income tax
- Social Security tax or mandatory retirement contributions
- Union dues
- Health insurance premiums for the child(ren)
- Apply the Texas Child Support Guidelines
Once the net monthly income is determined, Texas uses a percentage-based formula depending on the number of children:
- 1 child: 20% of net income
- 2 children: 25% of net income
- 3 children: 30% of net income
- 4 children: 35% of net income
- 5 children: 40% of net income
- 6+ children: At least 40%, but the court may adjust based on circumstances
Important Note: If the non-custodial parent’s net monthly resources exceed $9,200 (as of 2023), the guidelines only apply to the first $9,200. Courts may order additional child support for high-income earners based on the child’s specific needs.
- Consider Adjustments for Multiple Families
If the non-custodial parent has children from another relationship, the percentage of income applied to child support may be reduced. For example:
- If the parent has one child from a previous relationship and one child in the current case, the guideline percentage for two children (25%) is reduced to account for the first child.
Scenario-Based Examples
Example 1: Calculating Child Support for One Child
John is a non-custodial parent with a gross monthly income of $5,000. His deductions for taxes, health insurance, and union dues total $1,200, leaving a net monthly income of $3,800. Under Texas guidelines:
- 20% of $3,800 = $760
John would owe $760 in monthly child support for one child.
Example 2: High-Income Parent with Two Children
Maria earns a gross monthly income of $12,000. Her deductions total $2,000, leaving a net income of $10,000. Since Texas guidelines cap net income at $9,200:
- 25% of $9,200 = $2,300
Maria would owe $2,300 in monthly child support for her two children.
Example 3: Multiple Families
Eric has two children from a previous marriage and one child from a current relationship. His net monthly income is $4,000. For his current case:
- The guideline percentage for three children is 30%, but it is reduced to 24.75% due to the two children from the prior relationship.
- 24.75% of $4,000 = $990
Eric would owe $990 in monthly child support.
Special Circumstances That Can Affect Child Support
- Shared Custody Arrangements
In shared custody cases, the court may deviate from the standard guidelines if both parents spend significant time with the child. The court considers the expenses incurred by each parent during their custodial time.
- Non-Standard Income Situations
For parents with irregular income (e.g., self-employed individuals or seasonal workers), courts may calculate child support based on an average income over a specific period.
- Extraordinary Expenses
If a child has extraordinary medical, educational, or other needs, the court may order additional support beyond the guideline amount.
Modifying Child Support Orders in Texas
Child support orders are not set in stone. A parent can request a modification if there is a significant change in circumstances, such as:
- A substantial increase or decrease in income
- A change in custody arrangements
- The child’s needs changing significantly
To request a modification, you must file a petition with the court and provide evidence of the changed circumstances.
How can we assist?
Calculating child support in Texas may seem complicated, but understanding the guidelines and processes can help both custodial and non-custodial parents navigate their financial responsibilities. Whether you’re dealing with a straightforward case or unique circumstances, consulting an experienced family law attorney can make all the difference.
At our firm, we have extensive experience assisting clients with divorce cases. Our team includes a board-certified family law attorney, with advanced business degrees, and a specialist in negotiation and mediation. Contact us at 832-538-0833 to schedule a consultation and get personalized legal advice on your situation.