Texas Uses Statutory Child Support Guidelines

One of the first questions parents ask during a divorce or child custody case is how child support is calculated.

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Unlike many states that use complex formulas involving both parents' incomes and the amount of parenting time exercised by each parent, Texas generally calculates child support using statutory guidelines contained in Chapter 154 of the Texas Family Code. In most cases, the court begins with the paying parent's monthly net resources and applies a percentage established by statute.

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Although the formula appears straightforward, determining a parent's net resources can become surprisingly complicated, particularly when the parent is self-employed, owns a business, receives bonuses or commissions, earns rental income, or has multiple sources of compensation.

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The Court Begins With Monthly Net Resources

The first step in calculating child support is determining the obligor's monthly net resources.

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Section 154.062 of the Texas Family Code defines the types of income that are included in the calculation. Depending upon the circumstances, net resources may include wages, salary, commissions, overtime, bonuses, self-employment income, rental income, dividends, interest, retirement income, unemployment benefits, trust income, severance pay, workers' compensation benefits, and many other forms of compensation.

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After determining gross resources, certain deductions authorized by the Family Code are applied to arrive at the parent's monthly net resources.

Because every family's financial circumstances differ, calculating net resources is often the most heavily disputed issue in child support litigation.

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Guideline Child Support

Once the court determines the obligor's monthly net resources, the Texas Family Code provides guideline percentages that generally apply.

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For one child, the guideline amount is 20 percent of the obligor's monthly net resources.

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For two children, the guideline amount is generally 25 percent.

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For three children, it is generally 30 percent.

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For four children, the guideline amount is generally 35 percent.

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For five children, the guideline amount is generally 40 percent.

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For six or more children, the court may award not less than 40 percent.

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These percentages are found in Tex. Fam. Code § 154.125 and create a rebuttable presumption that guideline child support is in the child's best interest.

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Guideline Support Is Presumed to Be Appropriate

Texas law presumes that the statutory guideline amount is appropriate in most cases.

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Under Tex. Fam. Code § 154.122, application of the child support guidelines is presumed to be reasonable and in the best interest of the child. A party requesting an amount different from the guideline calculation generally has the burden of presenting evidence explaining why a deviation is appropriate.

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The existence of the statutory presumption promotes consistency while still allowing courts flexibility when unusual circumstances exist.

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Can the Court Order More or Less Than Guideline Support?

Yes.

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Although guideline support is presumed appropriate, the court has discretion to deviate from the guidelines when the evidence demonstrates that doing so would better serve the child's best interest.

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Section 154.123 of the Texas Family Code lists numerous factors that may justify a deviation. Depending upon the circumstances, the court may consider the child's educational needs, extraordinary medical expenses, travel costs associated with possession, special educational or healthcare needs, the parents' financial resources, periods of possession that substantially exceed the standard schedule, or other factors affecting the child's welfare.

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Every request for a deviation depends upon the specific facts presented to the court.

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Does a 50/50 Custody Schedule Eliminate Child Support?

No.

Perhaps the most common misconception in Texas family law is that equal possession automatically means neither parent pays child support.

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Texas law does not provide that child support is eliminated simply because parents share equal parenting time.

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Instead, child support and possession are analyzed separately. Even when parents exercise an equal or nearly equal possession schedule, one parent may still earn substantially more income than the other. In those circumstances, the court may conclude that guideline child support—or a modified amount—is necessary to ensure that the child's needs are adequately met.

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Some parents negotiate alternative support arrangements during settlement, but there is no automatic rule that a 50/50 schedule eliminates child support.

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What If a Parent Is Self-Employed?

Self-employment often complicates child support calculations.

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Unlike traditional employees who receive regular paychecks, business owners may receive income through salaries, business distributions, retained earnings, reimbursements, depreciation, or other financial arrangements.

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Determining a self-employed parent's actual net resources may require review of tax returns, profit and loss statements, balance sheets, bank records, general ledgers, business expenses, and other financial documents.

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Because self-employment income varies considerably from case to case, these matters often require careful financial analysis.

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Is There a Maximum Income Considered?

Yes.

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Texas places a statutory cap on the amount of monthly net resources to which the guideline percentages automatically apply. That cap is adjusted periodically by the Legislature.

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When a parent's net resources exceed the statutory maximum, the court first applies the guidelines to the capped amount. Additional child support above the guideline amount generally requires evidence that the child's proven needs exceed the amount produced by the statutory calculation.

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High-income child support cases therefore involve additional legal analysis beyond simply applying the statutory percentages.

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How Long Does Child Support Continue?

In most cases, child support continues until the child reaches eighteen years of age or graduates from high school, whichever occurs later.

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However, support may continue beyond adulthood when authorized by statute, such as when an adult child has a disability requiring ongoing support.

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The court's order controls the duration of child support, and parents should not assume that payments automatically stop upon a child's eighteenth birthday.

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Child Support Can Be Modified

Child support orders are not necessarily permanent.

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Under Chapter 156 of the Texas Family Code, child support may be modified when there has been a material and substantial change in circumstances or when the statutory requirements for modification are otherwise satisfied.

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Examples may include significant changes in income, changes in health insurance costs, changes in the child's needs, or changes in conservatorship or possession.

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Because every modification case depends upon its particular facts, parents should review existing orders before assuming that child support should be increased or decreased.

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Child Support and Visitation Are Separate Issues

Parents sometimes believe they may withhold child support because visitation has been denied, or refuse visitation because child support has not been paid.

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Texas law treats these issues separately.

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A parent generally must continue paying court-ordered child support even if possession problems arise. Likewise, a parent generally must comply with court-ordered possession even when child support is delinquent.

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Each obligation is independently enforceable by the court.

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Fergus & Tomanka Helps Parents Navigate Child Support Issues

Although the child support guidelines provide a starting point, calculating child support is not always as simple as applying a percentage. Business ownership, self-employment income, bonuses, commissions, high-income earners, deviations from the guidelines, and modification proceedings all present legal and financial issues that require careful analysis.

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At Fergus & Tomanka, we represent parents throughout Central Texas in divorce, child custody, child support, enforcement, and modification cases. Whether you are seeking guideline support, requesting a deviation, or responding to a modification action, we work to ensure that child support is calculated accurately and in accordance with Texas law.