Child Support Guidelines in Texas

Texas sets child support using a percentage of the paying parent’s net monthly resources: 20% for one child, 25% for two, 30% for three, and rising from there, under Texas Family Code § 154.125. Those percentages apply to net resources up to a cap that the Texas Attorney General adjusts every six years, so the guideline number is more nuanced than the flat percentages suggest. What actually counts as “net resources” is where most Houston support disputes are decided.

If you are trying to figure out what you will owe or receive, or you think the current number is wrong, our team at C. E. Schmidt & Associates PLLC can run your exact numbers and tell you where you stand. Call (281) 550-6650 or contact us online to schedule a case evaluation.

The Guideline Percentages, Step by Step

The percentages are the starting point, applied to the paying parent’s net monthly resources:

• One child: 20% of net resources.
• Two children: 25% of net resources.
• Three children: 30% of net resources.
• Four children: 35% of net resources.
• Five children: 40% of net resources.
• Six or more children: Not less than the amount for five children.

These figures assume all the children are before the same court. When the paying parent also supports children in another household, the percentages drop under a separate multi-family adjustment schedule, so a parent with children from more than one relationship rarely pays the full guideline rate for each group.

What Counts as “Net Resources”

This is the number that decides everything, and it is broader than a paycheck. Under Texas Family Code § 154.062, net resources include far more than salary:

• Wages, salary, tips, overtime, commissions, and bonuses
• Self-employment income
• Rental income, royalties, and dividends
• Severance, retirement, pension, and Social Security benefits
• Unemployment and disability benefits
• Interest income and net capital gains

From that total, the law subtracts specific items to reach net resources: Social Security and federal income taxes calculated for a single person claiming one exemption, state income tax where it applies, union dues, and the cost of the child’s health and dental insurance. Notably, the guideline calculation does not subtract your rent, car payment, or other living expenses. Two parents earning the same salary can end up with very different net resources depending on which of these categories apply, which is exactly why a five-minute online estimate so often misses.

The Cap on Net Resources

The guideline percentages only apply to net resources up to a statutory cap, which the Office of the Attorney General reviews and adjusts every six years. Income above that cap is not automatically subject to the percentages. To get support on income above the cap, the parent asking must prove the child has additional proven needs that justify going higher.

The Texas Attorney General’s Child Support Division publishes the current figure and a calculator. For high earners in the Houston area, this cap is often the central issue, because the fight is no longer about the percentage but about whether the child’s proven needs justify support above the guideline ceiling.

When Courts Depart From the Guidelines

The guideline number is presumed to be in the child’s best interest, but it is a presumption, not a rule. A Harris County judge can order more or less after weighing the factors in Texas Family Code § 154.123, including:

• The age and needs of the child
• The parents’ ability to contribute to support
• Childcare expenses needed for a parent to work
• Whether either parent has custody of another child
• The amount of time each parent spends with the child
• Extraordinary medical, educational, or other expenses
• Any positive or negative financial resources available to either parent

A child with substantial medical needs, a private-school tuition both parents once agreed to, or a large gap in the parents’ resources can all justify a number off the guideline. These deviations are where a well-built presentation of the facts changes the outcome.

What Support Is Supposed to Cover

Child support in Texas is meant to cover the child’s basic living costs: housing, food, clothing, and everyday needs. Medical and dental support are handled separately and ordered on top of the base amount, usually by requiring one parent to carry insurance and split the uncovered costs.

Support generally continues until the child turns 18 or graduates from high school, whichever is later, and can extend indefinitely for a child with a disability that prevents self-support. It is not automatically tied to visitation, so a parent cannot legally stop paying because they are being denied time with the child, and cannot withhold the child because support is late. That said, a support order is not set in stone either.

Modifying an Existing Child Support Order

A child support order is not permanent. Either parent can ask the court to change it, but only if they can show a material and substantial change in circumstances since the last order, such as a significant change in either parent’s income, a change in the child’s medical or educational needs, or a change in which parent has primary custody.

There is also a shortcut: if it has been three years or more since the order was set or last reviewed, and the new guideline amount would differ from the current amount by 20% or $100, that gap alone is enough to support a modification request. You do not need to separately prove a change in circumstances.

There is no limit on how many times an order can be modified, but each request goes back through the same court process, and the change does not apply retroactively; it only takes effect once the new order is signed. A parent who simply stops paying while waiting on a modification remains on the hook for the original amount in the meantime.

Why Choose Our Firm for a Houston Child Support Case

Guideline support looks like simple arithmetic until real income enters the picture, and that is where our attorneys spend their time. A parent paid partly in cash, a business owner who writes personal expenses off the books, or a spouse who quit a good job right before filing can all turn a “standard” calculation into a fight.

Our child support attorneys bring 100 years of combined experience in the Harris County family courts to pinning down what a parent truly earns and what a judge here will actually order. We give parents on both sides a clear picture: what the guidelines produce, where your case can deviate from them, and whether the number in front of you is fair. If you want a straight answer instead of a rough estimate from an online calculator, our firm can give you one.

Child Support Guideline FAQs

Does the Paying Parent’s New Spouse’s Income Count?

No. Texas calculates support on the parents’ own net resources, so a new husband or wife’s income is not added in. A new spouse’s income can matter indirectly if it frees up the parent’s own resources, but the new spouse is never directly on the hook.

Can Parents Agree to a Different Amount Than the Guidelines?

Yes, within limits. Parents can agree to support that differs from the guideline figure, but the judge still reviews it to confirm it serves the child’s best interest before signing. An agreement to pay nothing, or far below the child’s needs, is unlikely to be approved.

How Is Support Calculated When Parents Share Time Equally?

Texas guidelines do not have a built-in 50/50 formula, the way some states do. Even in equal-possession arrangements, one parent is typically ordered to pay, though the shared time can support a deviation. How that plays out depends heavily on the income gap and the specific judge.

What Happens If a Parent Simply Refuses to Pay?

Texas has strong enforcement tools, including wage withholding, license suspension, interception of tax refunds, liens, and contempt of court that can carry jail time. Unpaid support accrues as arrears (the legal term for past-due support) with interest and does not disappear, even in bankruptcy.

Know Your True Number Before You Agree to Anything

The guideline percentages are the easy part. What your support order should actually say depends on income that is often disputed, a cap that can be adjusted, and deviations a judge may or may not grant. Getting it wrong costs you every month for years. Our attorneys at C. E. Schmidt & Associates PLLC will calculate your real risk and fight for the right number, whether you are paying or receiving. Call (281) 550-6650 or contact us online to schedule your case evaluation.