Overview: The Presumption and Rebuttal
Texas child support guidelines in Texas Family Code § 154.125 establish a rebuttable presumption that guideline support is in the best interest of the child (TFC § 154.130).
However, TFC § 154.123(a) allows the court to deviate from guidelines if applying them would be "unjust or inappropriate under the circumstances of the case." The party seeking deviation must prove by a preponderance of evidence that the guideline amount is unjust, and the court must make written findings explaining the deviation.
Statutory Deviation Factors
Texas Family Code § 154.123(b) lists factors the court may consider when determining whether to deviate:
1. Age and Needs of the Child
Courts consider the child's age, health, educational needs, and any special requirements. For example:
- Special Needs: Disabilities, chronic medical conditions, or educational interventions that require additional expenses
- Extraordinary Educational Costs: Private school tuition, tutoring, or specialized programs
- Age-Related Expenses: Infants vs. teenagers may have different cost profiles
If the child's needs significantly exceed or fall short of what the guideline amount would cover, deviation may be appropriate.
2. Ability of Parents to Contribute
The court examines both parents' financial capacity:
- Obligee's Income: If the custodial parent has substantially higher income than the obligor, the court may reduce guideline support
- Assets and Wealth: Significant assets, trust income, or other resources available to either parent
- Income Trends: Whether income is stable, increasing, or declining
The goal is to ensure the child's standard of living is consistent with both parents' financial situations.
3. Financial Resources Available for Support
This includes:
- Investment income
- Trust distributions
- Inheritances or gifts
- Rental property income
- Other passive income sources
If either parent has substantial non-wage resources, this may justify deviation.
4. Amount of Time the Child Spends with Each Parent
Texas courts may consider extended possession schedules, but do not automatically reduce support for 50/50 time-sharing. Key points:
- The guideline percentages already assume the obligor has standard possession (about 45% of time)
- Even with equal possession, if the obligor has significantly higher income, guideline support may still apply
- Courts focus on ensuring the child's needs are met in both households
- Deviation is more likely if equal possession results in the obligee having higher income and the child's expenses being equally shared
5. Amount of Obligee's Net Resources
If the custodial parent's income is substantially higher than the obligor's, the court may deviate below guidelines. This factor prevents windfall situations where the obligee doesn't need support to maintain the child's standard of living.
6. Childcare Expenses
Necessary work-related or education-related childcare costs are considered. If already accounted for separately (e.g., as an add-on to support), the court may adjust the base support to avoid double-counting.
7. Benefits Furnished by Employer or Others
If the obligor receives:
- Company car or housing
- Free or subsidized meals
- Other non-cash compensation
These may reduce the obligor's actual living expenses, justifying higher support. Conversely, if the obligee has such benefits, it may support a downward deviation.
8. Other Deductions from Wage or Salary
Significant mandatory deductions (beyond those allowed in net resources calculation) may justify deviation if they substantially reduce the obligor's ability to pay.
9. Provisions for Health Insurance and Medical Expenses
If the obligor pays health insurance premiums or significant uninsured medical expenses for the child, the court may consider this when determining deviation. However, TFC § 154.182 allows health insurance costs to be added to child support rather than used as a deviation factor.
10. Special or Extraordinary Educational Needs
Private school, tutoring, enrichment programs, or college preparatory expenses may justify upward deviation if both parents' income can support them and they align with the child's standard of living.
11. Travel Costs for Exercising Possession
When parents live far apart, the obligor may incur significant travel expenses to exercise visitation. Courts may reduce guideline support to account for these costs.
12. Other Children the Obligor Has a Legal Duty to Support
If the obligor has children from multiple relationships, the total guideline amount is divided pro-rata. If the obligor is already paying support for other children, this may affect the court's discretion on deviation, particularly if it causes financial hardship.
High-Income Deviations (Above $9,200 Cap)
For net resources exceeding $9,200/month, the guideline percentage applies only to the first $9,200. The court may order additional support above the guideline if the obligee proves the child's needs justify it (TFC § 154.125(a)).
In high-income cases, courts typically consider:
- Child's Standard of Living Before Separation: If the family enjoyed a high standard of living, the child should continue to benefit
- Actual Needs: Private school, extracurricular activities, travel, college savings
- Obligee's Ability to Meet Needs: If the obligee also has high income, the court may limit above-guideline support
High-income deviations require specific factual findings and are not automatic. See our Texas Child Support Formula Guide for more on the cap.
Low-Income Considerations
For obligors with net resources under $1,000/month, TFC § 154.125(d) sets the minimum presumed support at $0. However, the court must still order support based on the obligor's ability to provide, considering:
- Actual living expenses
- Ability to work and earn income
- Whether unemployment or underemployment is voluntary
The court may impute income if it finds the obligor is voluntarily unemployed or underemployed.
Procedure for Requesting Deviation
- File Motion: The party seeking deviation must file a motion and present evidence supporting the deviation request
- Burden of Proof: The moving party must prove by a preponderance of evidence that guideline support would be unjust or inappropriate
- Hearing: The court holds a hearing where both parties present evidence and testimony
- Written Findings: Under TFC § 154.130(b), the court must make specific written findings explaining the basis for deviation, including:
- The guideline support amount
- The reasons deviation is warranted
- The factors considered
- The amount of the deviated support
Appeals and Review
Deviation decisions are reviewed on appeal for abuse of discretion. If the trial court fails to make adequate written findings, the appellate court may reverse the deviation and remand for proper findings. Parties challenging a deviation must show the court's decision was arbitrary, unreasonable, or unsupported by evidence.
Deviation and Modification
A deviation from guidelines at the time of the original order does not prevent future modification. If circumstances change materially, either party may seek modification under TFC § 156.401. Learn more in our Texas Modification Guide.
Calculate Your Estimated Support
Our Texas Child Support Calculator provides guideline support estimates. While it cannot predict court discretion on deviations, it gives you a baseline to understand whether deviation arguments may be relevant in your case.