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Texas Family Law Guide

Child Support & Alimony Laws for 2024

Updated 2024Texas Family CodeChild Support GuidelinesSpousal Support
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Texas Child Support Guidelines (Chapter 154)

Overview of Texas Child Support
Texas uses a percentage model for child support calculations under Texas Family Code Chapter 154

Texas follows a straightforward percentage model for child support calculations. The non-custodial parent pays a percentage of their monthly net resources based on the number of children requiring support. These guidelines are considered "presumptively" in the best interest of the child.

Key Features:

  • • Percentage of monthly net resources (not gross income)
  • • Income cap at $9,200 monthly net resources
  • • Different percentages for low-income obligors (under $1,000/month)
  • • Multiple family adjustments when supporting other children
  • • Standardized federal tax calculation (single filer, one exemption)
Texas Child Support Percentage Model
Standard percentages applied to monthly net resources (not gross income)

Standard Percentages ($1,000+)

1 child20%
2 children25%
3 children30%
4 children35%
5+ children40%

Low-Income Percentages (<$1,000)

1 child15%
2 children20%
3 children25%
4 children30%
5+ children35%

Effective for actions filed after September 1, 2021

Critical Limitations

  • • Monthly net resources cap: $9,200
  • • Income above cap: Court discretion for additional support
  • • Multiple family adjustments reduce percentages
  • • Federal tax calculated as single filer with one exemption
  • • Health insurance "reasonable cost" test: 9% of gross income
  • • Dental insurance "reasonable cost" test: 1.5% of gross income
Monthly Net Resources Calculation
Understanding what counts as "net resources" under Texas Family Code § 154.062

Included as Resources

  • • All wage and salary income
  • • Commissions, overtime, tips, bonuses
  • • Self-employment income
  • • Interest, dividends, royalties
  • • Net rental income
  • • Retirement benefits and pensions
  • • Trust income and annuities
  • • Social Security benefits (except SSI)
  • • VA disability benefits (service-connected)
  • • Unemployment compensation
  • • Workers' compensation
  • • Capital gains
  • • Gifts and prizes
  • • Alimony received

Excluded from Resources

  • • Return of principal or capital
  • • Accounts receivable
  • • TANF and federal public assistance
  • • Foster care payments
  • • Supplemental Security Income (SSI)
  • • VA non-service-connected disability pensions

Allowable Deductions

  • • Social Security taxes
  • • Federal income tax (standardized calculation)
  • • State income tax
  • • Union dues
  • • Court-ordered health/dental insurance for children

Texas Spousal Maintenance (Chapter 8)

Spousal Maintenance Eligibility Gateway
Two-step process: Must pass eligibility requirements before amount calculation (Texas Family Code § 8.051)

Step 1: Initial Hurdle - Insufficient Property

The spouse seeking maintenance must demonstrate they will lack sufficient property (including separate property and property awarded in divorce) to provide for their minimum reasonable needs.

Step 2: Must Meet One of Four Conditions

A. Family Violence

Spouse was convicted of family violence against the other spouse or child within 2 years before filing or while divorce was pending.

B. Marriage Duration + Inability

Marriage lasted 10+ years AND spouse lacks earning ability to provide for minimum reasonable needs.

C. Disabled Spouse

Spouse has an incapacitating physical or mental disability preventing employment sufficient for minimum reasonable needs.

D. Disabled Child Care

Spouse serves as custodian of child of any age who requires substantial care due to physical or mental disability, preventing employment.

Amount and Duration Limitations
Statutory caps on maintenance amounts and duration (Texas Family Code § 8.055)

Amount Limitations

Maintenance cannot exceed the lesser of:

  • $5,000 per month, OR
  • 20% of spouse's average monthly gross income

Court has discretion to award less than this maximum amount

Duration Limits by Marriage Length

10-19.9 years5 years maximum
20-29.9 years7 years maximum
30+ years10 years maximum

Shortest supportive period that allows spouse to earn sufficient income

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