How Child Support is Calculated in Texas

The percentage-of-income model

Texas uses a percentage-of-income model for child support, which means the calculation is based almost entirely on the paying parent's (obligor's) income — not both parents' incomes as in some other states. The percentages are set by statute in § 154.125 of the Texas Family Code:

• 1 child: 20% of net monthly resources
• 2 children: 25% of net monthly resources
• 3 children: 30% of net monthly resources
• 4 children: 35% of net monthly resources
• 5 or more children: 40% of net monthly resources

What are “net monthly resources”?

Net resources under § 154.062 are calculated by starting with gross income and making specific deductions:

• Gross income includes: wages, salary, bonuses, commissions, self-employment income, rental income, interest and dividends, retirement benefits, Social Security benefits, and other regular income
• Deductions allowed: Social Security taxes, federal income taxes (based on a single taxpayer with one exemption), state income taxes, union dues, cost of health insurance for the child

Notably, Texas does not deduct retirement contributions, voluntary deductions, or expenses from net resources. What remains after the above deductions is the “net monthly resources” number.

The monthly cap

Texas caps the net resources used to calculate support at a statutory amount that is adjusted every six years. As of 2023, the cap is $9,200 per month in net resources (§ 154.125(a)). This means no matter how high the obligor's income, the guideline support for one child will not exceed $1,840/month under the cap.

Children with other relationships

If the obligor has other children not covered by this order, Texas adjusts the applicable percentage downward using a formula in § 154.128. The more support obligations a parent already has, the lower the percentage applied to the new case.

Medical support and health insurance

In addition to monthly support, Texas courts order one or both parents to provide health insurance for the child (§ 154.182). The cost of the child's portion of health insurance premiums is deducted from net resources before calculating support. The court will also order each parent to pay a share of uninsured medical expenses.

Requesting a deviation from guidelines

The guideline percentages are a rebuttable presumption, not an absolute rule. A court may order a different amount if the guideline amount is unjust or inappropriate based on factors in § 154.123, including:

• The age and needs of the child
• The financial resources of the child
• Travel expenses for possession and access
• The amount of time each parent has possession of the child
• Whether either parent has managing conservatorship of other children
• Special or extraordinary educational, medical, or other expenses