In Texas, child support is calculated using guidelines set out in the Texas Family Code. The guidelines are based on the net monthly resources of the parent ordered to pay support (the obligor). Net resources generally include wages, salary, commissions, overtime, tips, bonuses, self-employment income, interest, dividends, rental income, and most other sources of income — reduced by Social Security taxes, federal income tax withheld, and union dues.
Texas Child Support Guidelines
For most cases, Texas courts apply the following percentage of net monthly resources for child support:
- 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+ children — 40% of net monthly resources (or not less than for 5 children)
The guidelines apply to the first $9,200 in net monthly resources (as of 2024). For obligors with net monthly resources above this ceiling, the court may order additional support based on the proven needs of the child.
Click here to go to the Texas Attorney General's Child Support Calculation Pages to estimate how much child support should be in your case.
Deviating From the Guidelines
A court can order more or less than the guideline amount if there is a compelling reason to do so. Factors a court may consider when deviating from the guidelines include the age and needs of the child, whether the paying parent has custody of other children, travel expenses related to visitation, educational or medical expenses, and the financial resources available to both parents.
Health Insurance and Uninsured Medical Expenses
In addition to base child support, Texas courts require one parent to provide health and dental insurance for the child. The cost of coverage is factored into the child support calculation. Uninsured medical expenses — such as co-pays, deductibles, and non-covered treatments — are typically divided equally between the parents.
Modifying Child Support
Child support can be modified when there has been a material and substantial change in circumstances since the last order was signed, or when it has been three years since the order was last reviewed and the amount differs from what the guidelines would currently produce by 20% or $100. Common reasons to seek a modification include a significant change in the obligor's income, a change in the child's needs, or a change in the possession schedule.
Enforcement of Child Support
A parent who fails to pay court-ordered child support can face serious legal consequences. Texas courts can hold a non-paying parent in contempt, which may result in fines and jail time. Other enforcement tools include wage withholding orders, suspension of the obligor's driver's license and professional licenses, seizure of tax refunds, liens on real property, and passport denial.
Enos Family Law handles both enforcement actions against non-paying parents and defense of parents who have fallen behind on support through no fault of their own. Contact our office to discuss your situation.
Note on retroactive support: Texas courts may order retroactive child support going back up to four years in cases involving paternity suits or where a parent concealed the child from the other parent.