Texas Family Law
Child Support in Texas
Child support in Texas starts as arithmetic and turns into an argument about one number: what counts as your net resources.
How the guideline calculation works
Texas applies percentage guidelines to the paying parent's monthly net resources (Tex. Fam. Code § 154.125). The percentages step up with the number of children before the court, with adjustments when the obligor also supports children in another household.
The guidelines apply up to a cap on net resources — and that cap is not written into the statute. It is set and periodically republished by the Texas Attorney General (Tex. Fam. Code § 154.125), which is why any figure you read on a website may already be stale. Above the cap, a court can order more, but the parent asking for it has to show the proven needs of the child.
Net resources is where cases are actually won
Net resources is not take-home pay and it is not the number on a W-2. It is nearly all income from nearly all sources — wages, commissions, bonuses, overtime, self-employment income, rental income, severance, retirement and pension income, interest and dividends — reduced by a specific short list of deductions including social security or equivalent taxes, federal income tax for a single person claiming one exemption, union dues and the child's health and dental insurance premiums.
Notice what is not deductible: the mortgage, the car note, credit cards, the other household's expenses. A parent who assumes a heavy debt load reduces support is usually working from a mistaken premise, and the disagreements that follow are about characterizing income rather than about the percentage.
Self-employment and variable pay
When the paying parent is an owner, a contractor or a commissioned salesperson, the calculation stops being clerical. Business income is gross receipts less the ordinary and necessary expenses of producing that income — and the tax definition of an ordinary and necessary expense is broader than the family-law one. A vehicle, a phone, a home office and travel that a return treats as fully deductible may be added back in whole or in part.
Bonuses, commissions, restricted stock and irregular overtime raise a different problem: what number represents a year. Courts commonly look back over a period rather than annualizing a good quarter or a bad one.
Changing an order later
Support is modifiable, on two independent paths (Tex. Fam. Code § 156.401). Either the circumstances of the child or an affected person have materially and substantially changed since the order, or three years have passed since the order was rendered or last modified and the current amount differs from the guideline amount by 20 percent or $100.
The three-year path matters because it does not require proving a change at all — the passage of time and the gap in the numbers do the work. It also cuts both directions, which is worth knowing before filing.
Common Questions About Child Support
How is child support calculated in Texas?
Texas Family Code § 154.125 applies percentage guidelines to the paying parent's monthly net resources, with the percentage rising with the number of children before the court. The guidelines apply up to a maximum amount of net resources that is set and periodically republished by the Texas Attorney General rather than fixed in the statute.
What counts as net resources?
Net resources includes wages, salary, commissions, bonuses, overtime, self-employment income, rental income, severance, retirement and pension income, interest and dividends. It is reduced only by a specific list of deductions — social security or equivalent taxes, federal income tax for a single person claiming one personal exemption, union dues, and the cost of the child's health and dental insurance. Household debts such as a mortgage or car payment are not deductible.
Can child support be more than the guideline amount?
Yes. Above the cap on net resources, a court may order additional support, but the parent requesting it must prove the proven needs of the child rather than simply pointing to the other parent's income. Courts may also vary from the guidelines where applying them would be unjust or inappropriate under the circumstances.
When can I modify a child support order?
Texas Family Code § 156.401 provides two routes. Either the circumstances of the child or a person affected by the order have materially and substantially changed since the order was rendered or since a mediated or collaborative settlement agreement it was based on, or three years have passed since the order was rendered or last modified and the current monthly amount differs from the guideline amount by 20 percent or $100.
Does child support stop automatically at 18?
Not necessarily. Support generally continues until the child turns 18 or graduates from high school, whichever is later, so a child who turns 18 in a senior year continues to be supported through graduation. Support for a child with a disability that requires substantial care can be ordered for an indefinite period.
What happens if the other parent stops paying?
Unpaid support is enforced through a separate enforcement action, which can result in a judgment for arrearages, wage withholding, license suspension, interception of tax refunds, liens, attorney's fees and in serious cases contempt. What it does not permit is withholding the child — Texas Family Code § 153.001(b) forbids conditioning possession or access on payment of support.
For a fuller treatment of child support in Texas, including the situations this page only summarises, see Texas Child Custody Attorney.
Lisa G. Garza has practiced Texas family law for more than 30 years and is board certified in the field. If your situation needs an answer rather than an article, the firm offers consultations.