What Factors Influence Child Support Calculations in Texas?

Child support in Texas is something legally owed, not to an ex-spouse or parent, but to a child. The intent behind it is that children receive the financial support they need from both parents after a divorce or separation, and Texas uses a structured formula to calculate these payments, with options to adjust based on a number of factors. A child support lawyer in Houston, TX can help you calculate what to request and expect, whether you need support to care for your children or are being required to give it. 

Texas uses a percentage-based formula outlined in the Texas Family Code to determine child support. The calculation begins with discovering the noncustodial parent’s net monthly income (be aware that Texas uses the term “conservator” and “conservatorship” where most people are accustomed to speaking of “custody.”) The number of children determines the percentage applied to this net income:

Thus, for example, if a parent’s net monthly income was $5,000, and they needed to provide support for one child, the base child support required would be assumed to be $1,000, which is 20% of $5,000. 

Net income is obviously quite a critical factor. The court first considers all income sources, and this is very comprehensive. It includes wages, salaries, bonuses, commissions, and tips. For self-employed parents, income is calculated by subtracting reasonable business expenses from gross revenue. Overtime pay is included if it’s consistent, but irregular bonuses may be averaged over several months.

Then, all passive income sources are considered. This could be anything from dividends, interest, or rental properties to royalties and even TikTok income. Certain benefits, like Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance for Needy Families (TANF), are excluded. 

The courts are well aware that some parents become voluntarily unemployed or underemployed simply to avoid higher payments. If the court suspects that’s what’s going on, it may calculate income based on education, work history, and earning potential rather than actual income to force the parent to look for a reasonable job and get to work supporting their child. 

Again, since the number of children directly impacts the percentage applied to the net income, this is another important consideration. It’s pretty straightforward, except in cases where the noncustodial parent has children from other relationships. In that case, the court may adjust the percentage downward. 

The court will strive to make a support order that requires the parent to fulfill all their parental responsibilities, but a child newly in need of support cannot totally supplant the rights of previous children from other unions who still require it. 

Typically, the noncustodial parent will be the one ordered to cover the child through their employer’s plan, if it’s available and it’s reasonable in cost. The cost of these premiums then gets factored into the support order, and the premium may be deducted from their support obligation.

On the other hand, if the custodial parent provides coverage, then the noncustodial parent’s support amount will likely increase to offset this cost. Uninsured medical expenses, such as copays, dental work, or therapy, are usually split between parents. Sometimes this is relatively equal and sometimes not; it’s proportional to their incomes.

If the custodial parent has to pay for daycare so they can keep their job, then the court may order the noncustodial parent to contribute a portion of these expenses. The amount is typically based on the actual cost of childcare and the parents’ relative incomes.

For example, say daycare costs $600 per month, and the parents’ incomes are split at about 60/40 between the custodial and noncustodial parent. In that case, the noncustodial parent might cover $360 of the $600. These costs are then added to the base child support amount so that the child has access to safe care while the custodial parent works and still has the daily, regular support needed.

Children with special needs, such as those with physical disabilities, developmental disorders, or chronic medical conditions, will often need additional financial support, and the courts will carefully calculate these. 

The court looks at all necessary expenses, like specialized therapy, medical equipment, or private schooling, and, obviously, these costs can significantly increase the support obligation beyond what’s ordered in the standard percentage guidelines. 

If there’s private school tuition or payment required for extracurricular activities, like sports or music lessons, this may also influence child support. These sorts of things aren’t mandatory, so the court will consider whether it’s in the best interests of the child to take part (or, if both parents agree that it is, already). 

Much will depend on the financial situation of the parents, the lifestyle of the child up to this point, and the parents’ earning potential. The costs are, again, typically divided based on income.

The standard guideline calculation assumes something other than a basically 50/50 custody situation. If the noncustodial parent has extended visitation and something closer to a 50/50 custody split, the court may reduce the support amount to reflect that there is already equally shared financial responsibility because the parents have the child in their care for equal amounts of time. 

However, income is still a factor. If one parent makes significantly more than the other, it’s likely that parent will still be paying support so the child has the same standard of living no matter which parent they are with at the moment.

If the parents live far apart, then travel expenses for visitation might impact child support. If, for example, the noncustodial parent has to spend quite a lot in airfare or gas to get to the child, the court may adjust their support obligation downwards to account for this. The goal is to make it possible for the parent-child relationship to continue as much as possible, since it’s usually assumed to be in the child’s best interests to maintain a thriving and intimate relationship with both parents.

Texas guidelines provide a clear formula, but that’s just the start. The courts can deviate from the standard percentage in that formulae if it believes something different is needed. If one or both of the parents have an unusually high or low parental income, for example, adjustments are often made. This will certainly be the case if the paying parents makes more than $9,200 a month, which is the upper cap in most cases. In other words, the percentages are only calculated based on a max of $9,200. For low-income parents, there are other percentages that may apply.

Whatever your need, whether it’s to request more support for your child or to make sure the support order you’ve been given is fair to you, you need strong evidence and the help of a qualified attorney to show the court what the situation really is and argue for what you believe is best for you and your child. Contact us now at C.E. Schmidt & Associates, PLLC in Houston, TX to speak with a team member.