Texas
Can We Agree to Less Than Guideline Child Support in a Texas Uncontested Divorce?
Quick answer
Texas sets a standard child support formula, but divorcing parents who agree can ask the court to approve a different amount. Here is how that works in an uncontested case, and where the agreed number actually goes in your paperwork.
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated June 2026
Texas guideline support, and when you can agree to less
Texas calculates child support using a percentage of the paying parent's net monthly resources. For one child, the guideline amount is 20%. That number is the starting point, not a locked-in requirement.
Parents can agree to a different amount, higher or lower, as long as the judge finds the agreement is in the child's best interest. In amicable, uncontested divorces, judges approve below-guideline agreements regularly, especially where both parents share time with the child and both are meeting the child's needs. The judge still has the final say, though. An agreement between parents does not become enforceable child support until a judge signs off on it.
There is no separate form, the amount goes in your Final Decree
A common point of confusion: there is no special child support deviation form to file alongside the Original Petition for Divorce. The petition just opens the case. The agreed child support amount is written into the Final Decree of Divorce, which is the document the judge signs at the end of the case and which contains all of your final terms, including conservatorship (the Texas term for custody), the possession schedule, and support.
In an uncontested case, you and your spouse prepare the decree together, both sign it, and present it to the judge at a short final hearing, often called a prove-up. If your agreed amount is below guideline, the decree should say so plainly and state the guideline amount it deviates from, along with the reasons the agreed amount serves the child's best interest. Spelling that out in the decree makes approval smoother and protects the agreement later.
What the judge looks at during the prove-up
At the prove-up hearing, the judge reviews the decree and asks a few short questions to confirm the basics: both parents agree, the child's needs are covered, and the deviation has a reason behind it. Common reasons judges accept include a near-equal possession schedule, the paying parent covering extra expenses directly (like school, activities, or travel), or both households having similar incomes.
Be ready to briefly explain why the lower amount still meets your child's needs. Also know that medical and dental support are handled separately in Texas. Even with a reduced cash support amount, the decree still needs to address who provides health and dental insurance for the child and how uncovered costs get split.
Making the agreement hold up over time
Either parent can ask to modify child support later if circumstances change substantially, so a below-guideline agreement is not necessarily permanent. Documenting the reasoning in the decree matters here too, since it gives the court context if the issue ever comes back.
Keep the possession schedule and the support amount consistent with each other. If your decree describes a shared schedule, an agreed amount that reflects that shared time will make sense to the judge on its face. A written calendar both parents follow also helps avoid the disputes that turn amicable cases into contested ones.
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Where to check this
Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.
This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.