Child support is one of the most critical financial issues in Texas family law. Whether you are paying or receiving support, understanding how courts determine the amount is key to planning for your family’s future. The Texas Child Support Guidelines provide a formula, but it is not always as simple as plugging numbers into a calculator.
The Basics: What Are the Texas Child Support Guidelines?
The Texas Family Code § 154.125 establishes clear guidelines for setting child support. The guidelines create a “presumptive amount” based mainly on the noncustodial parent’s net monthly resources and the number of children involved.
Standard Guideline Percentages:
- 1 child: 20% of net resources
- 2 children: 25% of net resources
- 3 children: 30% of net resources
- 4 children: 35% of net resources
- 5 children: 40% of net resources
- 6+ children: No less than 40%
Step 1: Calculating Net Resources
Net resources are not just “take-home pay.” Courts start with gross income and deduct:
- Federal income taxes
- Social Security taxes (or mandatory retirement contributions)
- Union dues (if any)
- Health insurance premiums for the child
Income sources include:
- Wages and salaries
- Self-employment income
- Bonuses, commissions, overtime
- Rental income
- Retirement or pension income
Scenario: David earns $5,000 gross per month. After taxes and insurance deductions, his net resources are $3,800. He has one child, so the court would presumptively set child support at 20% of $3,800, or $760 per month.
Step 2: Applying the Percentage to Net Resources
Once net resources are determined, the appropriate percentage (based on the number of children) is applied. If the parent has other children from different relationships they support, the court may adjust the percentage slightly lower.
Scenario: Monica supports a child from a previous relationship. When calculating child support for her current divorce, the court adjusts her obligation for her new child downward slightly to account for her prior support responsibilities.
Step 3: High-Income Cases: The “Cap” on Net Resources
As of 2024, Texas places a cap on the net resources used for guideline support calculations at $9,200 per month. Courts will apply the percentage only to the first $9,200 of net income unless the child’s proven needs justify higher support.
Scenario: James earns $15,000 net monthly. For child support, only $9,200 is considered. With one child, 20% of $9,200 = $1,840 monthly child support.
Step 4: Factors That Can Alter Guideline Amounts
Courts can deviate from the guideline amount if:
- A child’s special needs require higher support
- A parent has unusually high medical or travel costs for visitation
- There is evidence of intentional unemployment or underemployment
Scenario: Sara’s son has special medical needs requiring $500 in monthly therapy expenses. The court orders an increase above guideline child support to help cover these needs.
How can we assist?
Understanding the Texas Child Support Guidelines isn’t just about knowing a number, it is about understanding what your child is entitled to and what you are obligated to provide. With the right information and the right legal help, you can protect your child’s financial security and your own peace of mind.
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.