How is child support calculated in Texas?

Child support in Texas is typically based on the non-custodial parent's net monthly income and the number of children for whom they have to provide support. As of my last update in September 2021, the Texas child support guidelines specified the following percentages of the non-custodial parent's average net monthly resources to be paid as child support:

1. 20% for one child,
2. 25% for two children,
3. 30% for three children,
4. 35% for four children,
5. 40% for five children,
6. Not less than 40% for six or more children.

To determine the non-custodial parent's "net resources," one would take the total of all the person's income and resources, then subtract social security taxes, federal income tax (based on a single person claiming one personal exemption and the standard deduction), state income tax (though Texas doesn't have state income tax), and the cost of health insurance for the child (if the non-custodial parent is paying it).

However, it's important to note:

• There is a presumptive cap on the net resources amount used to calculate child support, which means that only up to a certain monthly net income will be used to determine the support amount under the guidelines. As of my last update, that cap was set at $9,200 of net monthly resources, but this can change, so you would need to verify current numbers.
• Judges have the discretion to order child support amounts that deviate from these guidelines if the circumstances warrant it, considering the best interests of the child.
• Additional factors can influence the amount, like travel costs if the parents live far apart, and other expenses.
• If the non-custodial parent has other children for whom they have a legal duty to support (e.g., from a different relationship), this can reduce the percentage of their net resources that they owe.

It's always a good idea to consult with an attorney or use resources provided by the Texas Office of the Attorney General to understand the most current guidelines and how they might apply in a specific situation. Additionally, child support rules and percentages can change, so always make sure you are referring to the most recent guidelines when seeking specific information.

We encourage you to make your first step a phone call to the Law Office of Arthur J. White III, P.C. While we cannot guarantee results, we can promise that should you work with the Law Office of Arthur J. White III, P.C., we will work hard for you.