Texas Child Support Policy 2024-2026

Texas Family Code § 154.062 defines net resources as gross income minus: Social Security taxes, federal income tax (single person with standard deduction), state income tax (none in TX), union dues, health insurance for obligor's children, and non-discretionary retirement contributions. Unlike some states, Texas does NOT deduct health insurance for the obligor alone or voluntary 401(k) contributions. Net resources cannot exceed the statutory cap of $9,200/month ($110,400/year) for guideline calculations.

Texas uses a straightforward percentage-of-obligor-income model under Family Code § 154.125. The statutory percentages are: 20% for 1 child, 25% for 2 children, 30% for 3 children, 35% for 4 children, and 40% for 5+ children. These percentages apply to the obligor's net monthly resources up to $9,200. The resulting amount is presumed to be in the child's best interest and courts rarely deviate absent specific findings.

When net resources exceed $9,200/month, the guideline percentage applies only to the first $9,200, resulting in maximum guideline amounts of $1,840 (1 child) to $3,680 (5+ children) per month. For income above the cap, the obligee (receiving parent) may prove the child's needs exceed the guideline amount. If proven, the court has discretion to order additional support based on specific needs, but the burden is on the obligee to demonstrate those needs with evidence.

Texas uses a "multiple family adjustment" under Family Code § 154.128-154.129. If the obligor has children in the current case AND children for whom support is ordered in other cases: (1) Calculate the total percentage for ALL children (e.g., 30% for 3 total), (2) Apply to net resources, (3) Subtract amounts already ordered for other children, (4) Divide remainder proportionally among the cases based on number of children in each. This ensures fair allocation while preventing total support from exceeding the appropriate percentage.

Yes, but only under specific circumstances with court findings under Family Code § 154.123. Courts may deviate below guidelines if: (1) obligor has substantial custody/access (e.g., extended periods or 50/50 custody), (2) obligor has high travel costs for visitation, (3) child has special needs or medical expenses covered by obligor, (4) obligor supports other children not before the court, or (5) obligee has significantly greater resources. Any deviation requires specific written findings explaining why guideline amount would be unjust or inappropriate.

Texas Family Code § 154.125(b) establishes $200/month as the minimum support obligation, regardless of the obligor's income level. Even if applying the guideline percentage results in a lower amount (e.g., unemployed parent with minimal income), the court will typically order at least $200/month unless there are extraordinary circumstances. This minimum ensures children receive some level of support and maintains the obligor's connection to their support obligation.