How much is child support in Texas?

What the law says

Texas uses a percentage of the paying parent’s income. Under section 154.125(b) of the Texas Family Code, when the paying parent’s monthly net resources are at least $1,000 and not above the guideline cap, the court presumptively applies this schedule:

• 1 child: 20% of net resources, under section 154.125(b) of the Texas Family Code
• 2 children: 25%, under the same section 154.125(b) of the Texas Family Code
• 3 children: 30%, and 4 children: 35%, under section 154.125(b) of the Texas Family Code
• 5 children: 40%, and 6 or more: not less than the amount for 5, under section 154.125(b) of the Texas Family Code

Lower rates on lower incomes. Under section 154.125(c) of the Texas Family Code, when monthly net resources are less than $1,000, the rates are 15% for 1 child, 20% for 2, 25% for 3, 30% for 4 and 35% for 5, and not less than the amount for 5 children when there are 6 or more.

The guideline is presumed right. Section 154.122(a) of the Texas Family Code says the guideline amount is presumed reasonable, and:

“an order of support conforming to the guidelines is presumed to be in the best interest of the child.”

How net resources are worked out

What counts. Under section 154.062(b) of the Texas Family Code, resources include 100% of wages and salary, with commissions, overtime, tips and bonuses. They also include interest, dividends, self-employment income and net rental income. Other income actually received counts too: severance, pensions, social security, unemployment and workers’ compensation, gifts and prizes, and spousal maintenance.

What does not count. Under section 154.062(c) of the Texas Family Code, resources do not include a return of principal or capital, accounts receivable, Temporary Assistance for Needy Families or other federal public assistance benefits, or foster care payments.

What is subtracted. Under section 154.062(d) of the Texas Family Code, the court subtracts social security taxes and federal income tax for a single person. It also subtracts state income tax, union dues, and court-ordered health and dental insurance for the child. What is left is net resources.

The cap. Under section 154.125(a) of the Texas Family Code, the percentages apply up to a maximum of monthly net resources that the state’s child support agency publishes in the Texas Register, adjusted for inflation every 6 years. Under section 154.126, above that cap the court applies the percentage to the capped amount and may order more based on the child’s proven needs.

What changes the answer

Children in more than one household. Under section 154.129 of the Texas Family Code, when the paying parent also supports other children, the court may use a separate table with lower percentages. For example, for 1 child before the court and 1 other child, the rate is 17.50%.

A court can depart from the guideline. Under section 154.123 of the Texas Family Code, the court may order a different amount if the evidence shows the guideline would be unjust or inappropriate. It weighs factors such as the child’s age and needs and each parent’s ability to pay. Time with the child, child care, health costs and travel for visits count too.

Reasons in writing. Under section 154.130 of the Texas Family Code, the court must state its figures in the order: each parent’s net resources, the percentage used, and why it departed, if it did. This applies if a party asks in time, or if the amount differs from the guideline.