Texas uses statutory guidelines based primarily on the paying parent’s net monthly income and the number of children before the court, with set percentages that increase with each additional child. Courts can deviate from the guideline amount in certain circumstances, and additional factors such as health insurance and childcare costs are typically addressed separately in the order.
The starting point for the calculation is “net resources,” not gross income. Guidelines in the Texas Family Code define net resources broadly to include wages, salary, and most other forms of income, then subtract certain items – such as the average federal income tax, Social Security tax, union dues – to arrive at the net monthly resources figure the guideline percentages are applied to. The guideline percentages themselves increase with the number of children before the court, and a different, lower percentage schedule generally applies when the paying parent also owes support for children in another household.
A 50/50 custody schedule does not mean that child support will not be ordered. This is a common misconception.
The guideline percentages don’t apply without limit. Texas caps the amount of net resources to which the standard guideline percentages apply, and that cap is periodically adjusted. Above that cap, a court has discretion to order additional child support based on the child’s proven needs, but isn’t required to simply keep applying the percentage to every additional dollar of income. For a paying parent with irregular income – for example, someone who is self-employed or paid on commission – the court will typically need to look at income history to determine an appropriate net resources figure, rather than relying on a single pay stub. The court may also include fringe benefits to include in the income of the person to be paying child support, effectively backing out some of the things that person would normally deduct from their income on taxes. This is another reason adjusted net income is not used to calculate child support.
Beyond the base guideline amount, Texas child support orders typically also address health insurance for the child and can sometimes include provisions childcare costs, as separate components of the order rather than folding them into the percentage-based number. Support generally continues until the child turns 18 or graduates from high school, whichever is later, though there are exceptions, including for a child with a disability, where support can extend beyond that point.
Because a guideline calculation depends on several moving pieces – the payor’s actual net resources, the number of children involved, any multiple-household adjustment, and whether resources exceed the statutory cap – the guideline percentage alone often isn’t enough to estimate an accurate number without looking at the full financial picture.
If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.