Texas uses a formula based on the paying parent's income and the number of children

Texas child support is calculated using the Texas Child Support Guidelines, a formula set by state law that applies to most cases. The amount depends on how much the paying parent earns each month and how many children need support. The formula is the same whether parents are married, divorced, or never married — the only difference is which parent is ordered to pay.

The paying parent's income is multiplied by a percentage that increases with each additional child. For one child, the percentage is 20 percent of monthly income. For two children, it is 25 percent. For three children, it is 30 percent. For four children, it is 35 percent. For five children, it is 40 percent. For six or more children, it is 50 percent. This percentage applies only to income up to a monthly cap, which the Texas Legislature adjusts periodically — you can find the current cap on the Texas Attorney General's website under Child Support Resources.

The formula assumes the paying parent keeps some income to live on and does not account for the other parent's income unless that parent earns significantly more than the paying parent. If the paying parent's income exceeds the cap, a judge can order support above the guideline percentage, but must state reasons in writing for doing so.

Key Takeaways

  • Texas multiplies the paying parent's monthly income by a set percentage (20 percent for one child, 25 percent for two, and so on) up to a state income cap.
  • The formula applies to all parents — married, divorced, or never married — and does not change based on custody arrangement.
  • Income includes wages, salary, self-employment earnings, bonuses, and some benefits, but the definition of income varies by situation.
  • A judge can order more or less than the guideline amount if circumstances warrant it, such as high medical expenses, significant assets, or a parent's inability to work.
  • The paying parent's income cap is adjusted by the Texas Legislature and changes periodically, so the exact dollar threshold varies by year.

What counts as income for the calculation

Income for child support purposes is broader than just a paycheck. It includes wages and salary, self-employment income, bonuses, commissions, overtime, rental income, interest and dividend income, and income from retirement accounts. It also includes some government benefits — specifically Temporary information for Needy Families (TANF) and Supplemental Security Income (SSI) — though not all benefits count.

Income does not include Supplemental Nutrition information Program (SNAP) benefits, housing information, or Medicaid. If a parent receives workers' compensation or disability benefits, those may or may not count depending on whether they replace lost wages. A parent who is self-employed must report net income after business expenses, not gross revenue.

If a parent is unemployed or underemployed, the court may impute income — meaning it assigns an income amount based on what the parent could earn. The court looks at the parent's education, work history, and job market in the area. A parent cannot straightforward quit a job to lower support; the court will consider whether the job loss was voluntary and whether the parent made a good-faith effort to find comparable work.

How the guideline percentage changes with custody time

The standard percentages (20 percent, 25 percent, and so on) assume the paying parent does not have the children overnight most of the time. If the paying parent has the children at least 30 percent of the time — roughly 110 days per year — the calculation changes. The court adjusts the percentage downward to account for the paying parent's direct expenses for housing, food, and care during those days.

The adjustment is not automatic; the paying parent must request it and prove the actual custody time. The court uses the custody order or a parenting schedule to count the days. If custody is split roughly equally (each parent has the children about 50 percent of the time), the guideline percentage may be reduced significantly or the court may order each parent to pay the other based on income difference.

The adjustment applies only to the percentage calculation, not to the income cap. Even if a parent has substantial custody time, support is still calculated only on income up to the state cap unless the judge finds reason to go above it.

Reasons a judge can order more or less than the guideline amount

Texas law lists 13 factors a judge can consider to deviate from the guideline percentage. These include the age and needs of the children, the ability of each parent to contribute to the child's support, the nature and amount of assets available to each parent, the earning potential of each parent, whether either parent has other children to support, and the cost of health insurance and childcare.

A judge can also consider whether a parent has been ordered to pay support for other children, whether the children have significant medical or dental expenses not covered by insurance, whether a parent receives substantial gifts or inheritance, and whether a parent is incarcerated. The judge must state in writing which factors led to the deviation and why the guideline amount would be unjust or inappropriate.

Deviations are common in cases where one parent has much higher income than the other, where a child has special needs, where childcare costs are very high, or where a parent is already paying support for other children. A judge cannot deviate straightforward because both parents agree to a different amount — the court must find that the guideline amount would not serve the child's best interest.

How income changes affect support over time

Child support orders remain in effect until the child turns 18 or graduates from high school, whichever is later. If a parent's income changes significantly — either increases or decreases — either parent can ask the court to modify the order. A change is considered significant if it would result in a difference of at least 20 percent in the monthly support amount, or if circumstances have changed substantially since the last order.

To modify support, the parent requesting the change must file a motion with the court that issued the original order. The parent must show the new income through recent pay stubs, tax returns, or other documentation. The court will recalculate support using the current guideline percentage and the new income, then decide whether to change the order.

If a parent's income drops due to job loss, illness, or other hardship, the parent should request modification promptly. If a parent continues paying the old amount while waiting for a court hearing, the difference between the old and new amounts is not automatically refunded, though the parent can ask the judge to credit the overpayment against future support.

How to find the current income cap and guideline percentages

The Texas Attorney General's office publishes the current child support guidelines and income cap on its website under the Child Support section. The income cap is adjusted each January based on changes in the state average wage. You can also find the guidelines in the Texas Family Code, Section 154.125, which is available through the Texas Legislature Online website.

If you are calculating support for a specific situation, you will need the paying parent's gross monthly income and the number of children. Multiply the income by the appropriate percentage (up to the income cap), and that is the guideline amount before any adjustments for custody time or other factors. Many county district courts also have worksheets or calculators available on their websites, though these are for reference only and do not replace a court order.

Frequently Asked Questions

Does the mother's income affect how much the father pays?

Not under the standard formula. Texas child support is based on the paying parent's income alone, regardless of the other parent's earnings. However, if the other parent earns significantly more than the paying parent, a judge can consider that when deciding whether to deviate from the guideline amount. The court may also consider the other parent's income when deciding how to split childcare costs or health insurance premiums.

What happens if the paying parent makes a lot of money above the income cap?

The guideline percentage applies only to income up to the state cap. For income above the cap, a judge has discretion to order additional support or not, depending on the child's needs and the parent's ability to pay. The judge must explain in writing why the guideline amount is unjust or inappropriate. High earners often pay significantly more than the guideline percentage would suggest, but the amount is not automatic.

Can child support be modified if the paying parent gets a raise?

Yes, if the raise results in a 20 percent or greater increase in the monthly support amount. Either parent can file a motion to modify. The court will recalculate support based on the new income and decide whether to change the order. If the paying parent's income drops, modification is also possible, but the parent must request it — support does not automatically decrease.

How is self-employment income calculated for child support?

Self-employment income is calculated as net income after business expenses, not gross revenue. You will need to provide tax returns, profit and loss statements, or other business records to show what you actually earned. If you are self-employed and your income varies month to month, the court may average your income over the past year or use the most recent year's tax return as a starting point.

Does overtime count as income for child support?

Yes, overtime is included in income for child support calculation. However, if overtime is not may provide and varies from month to month, the court may average it over time or exclude it if it appears temporary. If a parent regularly works overtime as part of their job, it counts as regular income. If a parent takes on extra shifts only occasionally, the court may not include it in the base calculation.