Child support in Texas is one of the most misunderstood areas of family law. People walk into hearings with assumptions about what they’ll pay or receive — and they’re often completely wrong. Understanding how the numbers actually work gives you a significant advantage, whether you’re the obligor or the recipient.
The Percentage of Income Model
Texas uses a percentage of income model for calculating child support. The starting point is the net monthly income of the parent who is ordered to pay (the obligor). From that net income, the court applies a percentage based on the number of children:
- 1 child — 20%
- 2 children — 25%
- 3 children — 30%
- 4 children — 35%
- 5 or more children — 40%
These are the guideline amounts under the Texas Family Code. They are the starting point — not always the ending point, as we’ll discuss below.
What Counts as “Net Monthly Income”?
This is where things get more complex — and more important. Net monthly income is not simply your take-home pay. It’s calculated by starting with gross income and subtracting specific deductions.
What counts as gross income:
- Wages and salary
- Overtime, commissions, bonuses
- Self-employment income
- Rental income
- Retirement and pension income
- Social Security benefits
- Unemployment and disability benefits
- Gifts and prizes (if recurring)
Allowable deductions from gross income:
- Federal income tax (based on the tax tables for a single person)
- Social Security and Medicare taxes
- State income tax (Texas has none, but other states do)
- Union dues
- Expenses for the child’s health insurance
- Non-discretionary retirement contributions
The Cap on Net Resources
Texas law caps the net monthly resources used for guideline child support calculations. As of recent updates, that cap is $9,200 per month. If the obligor earns more than that, the court applies the guideline percentage to $9,200 — but may consider additional support above that amount based on the child’s proven needs.
Deviations From the Guidelines
The guideline amounts are a starting point, not a mandate. Courts can deviate from the guidelines — up or down — based on a variety of factors, including:
- The age and needs of the children
- The amount of time each parent spends with the children
- The ability of each parent to contribute to the child’s support
- Any special needs of the child requiring additional expense
- Educational or extracurricular costs
- The obligor’s other child support obligations
If you have a reason to argue for a deviation — either higher or lower than the guideline — you need to come to your hearing prepared to make that argument with evidence.
When Someone Hides Income
This is more common than people realize. A self-employed parent, a cash-heavy business owner, or someone who has recently “reduced” their hours suspiciously may be hiding income to lower their support obligation.
When a court suspects income concealment, it can impute income — meaning it assigns an income figure based on the person’s earning capacity, work history, and the job market, rather than their reported income. This is a powerful tool, but you need to bring evidence to support the argument: past tax returns, lifestyle spending, business records, employment history.
Discovery — specifically subpoenas for bank records and tax returns — is often the key to uncovering hidden income. This is one of the most valuable things I help my students prepare for.
Medical Support and Additional Expenses
Child support in Texas often includes more than the base monthly payment. Courts also address health insurance coverage (who provides it and at what cost) and can order additional contributions toward uninsured medical expenses, childcare costs, and other recurring needs.
Make sure you understand the full picture of what’s being ordered — not just the monthly number.
Call: 830.507.3250 | ben@prosecoachtx.com
— Ben Schooley, Pro Se Coach