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Update: June 10, 2024
Author: Justin Sisemore
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How much is child support in Texas and how is it calculated? While TX child support may be straightforward in some cases, that isn’t always the case. One thing is clear, parents who pay or receive child support in Texas are subject to the strict guidelines defined in Texas child support laws, as well as the child’s best interests. Here’s how Texas child support works.
To determine the child support required, Texas uses a statutory formula based on the overriding principle of standard visitation. For calculating child support, the formula takes into account how many children a couple has together AND the net monthly resources of the payor (obligor). The payor is usually the non-custodial parent, while the payee (obligee) is generally the custodial parent who has primary physical custody of the child.
Wondering how much child support is in Texas and what percentage applies? Texas child support laws provide specific guideline percentages based on the number of children. For one child, the noncustodial parent typically pays 20% of their net monthly income. This percentage increases by 5% for each additional child—25% for two children, 30% for three, 35% for four and up to 40% for five or more children.
To determine an obligor’s net monthly income or resources, the court first determines the obligor’s gross income then deducts certain expenses. Per Texas Family Code Sec. 154.062, a parent’s financial resources generally include:
For child support purposes, there are also items that may be excluded from gross resources. These include return of principal or capital, accounts receivable, benefits paid in accordance with the Temporary Assistance for Needy Families program (or other federal public assistance program) and payments for foster care.
Once gross monthly resources are determined, the court will then deduct certain expenses to determine net monthly resources as dictated by Texas law. Key items that can be deducted from gross monthly resources include:
Once the net monthly resources are determined and agreed to by the judge, that amount will be listed in the co-parents’ custody orders. That amount must then be paid monthly (or by other terms the court may order) by the non-custodial parent until child support ends or is modified.
When does child support end? When a child graduates from high school or turns 18 years old, whichever comes later—unless the child has special needs or the parents agree to other terms.
When determining how much is child support in Texas, Texas Family Code Chapter 154 also includes certain allowances for children with special needs, disabilities and mental health issues, as well as what medical support a parent must provide.
If your child requires special medical care or support, your attorney can help you determine how much is child support Texas based on your specific circumstances and negotiate a settlement that addresses those needs.
How Texas calculates child support is different than other states, which typically consider the amount of time each parent has possession, what expenses each parent will pay and what resources each parent has available to them (financially and otherwise). In my opinion, this approach is more logical and fair than Texas child support guidelines but I’ll take a deeper dive into that in another blog.
Yes, Texas places a cap on net monthly resources, which is adjusted every six years based on inflation. Effective Sept. 1, 2019, Texas raised the child support cap from $8,550 to $9,200. This means the child support percentage in Texas would not apply to net monthly income over the current amount of $9,200, save and except for very limited circumstances.
Based on the current cap of $9,200, the maximum child support a non-custodial parent would pay to the custodial parent they share children with would be:
The next cap adjustment should occur in September 2025, which is just around the corner. It will be interesting to see how much the Texas legislature will increase the child support cap, in light of the higher inflation our country has experienced in recent years.
According to Texas Family Code Sec. 154.003, the court can order (or parents can agree) how child support will be paid. Parents may be required to pay periodically or via a lump sum. Payments may be set up for disbursement through an annuity account, administration of property, retirement or other benefits source, or a combination of the above.
The Office of the Attorney General does offer parents different options for making payments of child support in Texas. In some cases, the OAG may also dictate how child support payments are made. For example, parents who need to pay retroactive child support or are refusing to pay, may be ordered to pay through their employer. The different manners of payment include:
Your family law attorney can help you weigh options for disbursement and provide additional details on how to submit child support payments in Texas. Just ask.
One of the biggest causes of division when negotiating a child support agreement is not taking time to hash out what the child support will actually cover. One parent may assume it covers extracurricular activities, while the other may not. If you want to avoid conflict down the road, it’s important to clarify—in writing—what expenses will be covered by child support and who will be paying for what (including and beyond what Texas child support guidelines dictate).
Other parents run into problems when they agree to split heftier expenses like private school tuition. Those expenses can vary greatly depending on which private school a child attends, so it’s important to spell out specifically how much you are willing to pay. School, extracurriculars and other expenses also get more costly as kids get older, so you’ll want to keep that in mind as well.
If you live in Tarrant County or surrounding counties like Dallas, Denton, Ellis, Johnson, Parker or Wise County and have more questions about child support in Texas, contact us to speak with a child support lawyer. We would be happy to review your case. To schedule a confidential case review, please call the firm at (817) 336-4444 or visit our contact page to schedule online.
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In Texas, a non-custodial parent who shares three children with a custodial parent would pay 30% of their net monthly resources in child support.
A non-custodial parent would be required to pay 20% of their net monthly resources in child support for one child they share with another parent.
The maximum child support is $3,680 per month, because Texas currently caps net monthly resources at $9,200 (as of Sept. 1, 2019), and the maximum child support rate is 40% for five children or more. However, Texas Family Courts may consider extenuating factors like a child’s disability or other special needs when considering child support matters.
While we don’t have any statistics on average child support payments, that number is irrelevant, since the child support amount in Texas that a non-custodial parent pays is based on their individual circumstances. In accordance with Texas child support laws, the amount is contingent on how many children they share with the custodial parent and the non-custodial parent’s net monthly resources.
Yes. In most cases, one or both parents will still be required to pay child support under a 50/50 custody arrangement. Since custody is shared equally, the court will take both parents’ income under consideration along with Texas child support guidelines. The parent who earns more will likely be ordered to pay support to the other parent. You’ll find more details in this 50/50 custody blog.
Yes. Texas parents must wait at least three years since the child support order originated or was last modified before requesting a modification or show that the child support amount differs by at least 20% or $100/month from current child support guidelines. In addition, if a material and substantial change has occurred (e.g., a change in income or the child’s health and wellbeing, among others), a modification of child support may also be justified.
Child support is “big business” in Texas, In fact, Texas child support is akin to more than a $4.8 billion business, the amount collected in 2020—higher than any other state in the nation.