Texas Child Support
A Strategic Guide to Calculating, Modifying, and Enforcing Support Obligations
Child support in Texas isn’t just a numbers game—it affects your children’s daily life, and both parents’ financial futures.
Whether you’re the parent seeking child support or the one being asked to pay it, getting an order that truly supports your children without creating unnecessary financial strain often comes down to credible documentation, clear legal strategy, and a strong case presentation that keeps both Texas law and local judges’ preferences in mind.
At Whitten Legal, we represent both recipients and payors of child support in high-conflict custody and divorce cases. We help ensure that support orders reflect the real facts—not assumptions, exaggerations, or gamesmanship.
If your case is in Collin, Denton, Rockwall, or surrounding counties, this guide will walk you through how courts calculate support, what exceptions exist, and what to do if enforcement or modification becomes necessary.
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Talk to Greg Whitten, a North Texas family law attorney who knows how to navigate support, strategy, and courtroom expectations with focus and credibility.
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How Texas Child Support Is Calculated
Texas law uses a straightforward percentage-based formula to calculate child support. Here are the guideline amounts.
When there are children from a different relationship, the percentage guidelines decrease 2.50% for each additional child that the obligor also has a duty to support.
Child Support Guidelines
Based on the monthly net resources of the Obligor:
1 child: 20% of Obligor’s Net Resources,
2 children: 25% of Obligor’s Net Resources
3 children: 30% of Obligor’s Net Resources
4 children: 35% of Obligor’s Net Resources
5 children: 40% of Obligor’s Net Resources
6+ children: Not less than the amount for 5 children
Low-Income Child Support Guidelines
If the Obligor’s monthly net resources are less than $1,000:
1 child: 15% of Obligor’s Net Resources
2 children: 20% of Obligor’s Net Resources
3 children: 25% of Obligor’s Net Resources
4 children: 30% of Obligor’s Net Resources
5 children: 35% of Obligor’s Net Resources
6+ children: Not less than the amount for 5 children
Courts apply these percentages to the first $11,700 of a parent’s monthly net resources (as of September 1, 2025). If a parent earns more than that, the court can order support above the guidelines, but only if there is clear evidence the child has additional proven needs, such as extraordinary medical expenses.
Therefore, for most parents, only the first $11,700 of their monthly net resources “counts” toward their child support obligations.
How Do Texas Judges Calculate a Parent’s “Monthly Net Resources”?
Support is based on net resources—not take-home pay.
Many parents are surprised by what counts as net resources for child support:
- Wages, including overtime, tips, commissions, and bonuses
- Capital gains, interest earned from savings accounts, and dividends
- Trust income and annuities
- Rental income
- Unemployment income
- Worker’s compensation benefits
- Social security retirement benefits and pensions
- Disability benefits such as SSDI, TIPP, and/or private disability insurance
However, Texas also allows certain deductions:
- Income taxes (including state income tax, if the obligor lives in a state such as California with a state income tax)
- Union dues
- The child’s health, vision, and dental insurance
Other Factors Texas Courts Consider When Calculating Child Support
Even when following guideline support amounts, Texas courts may adjust the final figure (up or down) based on factors outlined in Texas Family Code §154.123(b):
1. The age and needs of the child
2. The ability of the parents to contribute to the support
3. Any financial resources available for the child’s support
4. The amount of time each parent has with the child
5. The amount of alimony or spousal support paid or received
6. Costs associated with travel for visitation
7. Child care expenses incurred by either parent
8. Whether either parent has managing conservatorship or physical custody of another child
9. The expenses for the child’s education or healthcare
10. Any other reason consistent with the child’s best interest
However, it is not enough to just claim or argue these factors. There must be evidence admitted at trial to support these factors, and in the final order the Court must explain in writing why a deviation is being made from the guidelines.
Key Questions Courts Ask About Retroactive Child Support
Texas courts can order retroactive child support under Texas Family Code §154.009, often when no formal order was in place but one parent was entitled to support. The court looks at factors like:
- Whether the noncustodial parent knew (or should have known) of their obligation
- Whether the custodial parent attempted to obtain support
- The financial situation of both parties during the retroactive period
The general presumption is to limit retroactive support to four years, unless the obligor intentionally avoided support.
Child Support and Prior Period Support (Section 154.011)
Under Section 154.011 of the Texas Family Code, courts can also consider a lump sum “prior period support” award when a child support order is established. This is especially relevant when parents have been separated but never formalized child support through the court.
The court may:
- Order a one-time retroactive payment
- Establish an arrearage amount to be paid over time
This provision helps ensure children are supported even if the formal legal process was delayed.
Calculating Support for Business Owners and Self-Employed Parents (Section 154.065)
For self-employed parents or those who own a business, Section 154.065 of the Texas Family Code outlines how net resources are calculated. This includes:
- Income from self-employment, partnerships, and closely held corporations
- Reduction of business expenses that are legitimate and proven
Courts carefully scrutinize claimed business expense deductions, especially where personal and business finances overlap. Common red flags include:
- Personal car or travel costs reported as business expenses
- Unusually low reported income compared to lifestyle
- Missing or incomplete financial records
Self-employed parents should be prepared to show tax returns, profit-and-loss statements, and evidence supporting claimed deductions. Courts may also impute income if documentation is incomplete or unreliable.
Out-of-Pocket Expenses Beyond Child Support
Even when guideline child support is in place, parents are often responsible for additional costs not covered by the monthly payment. Courts commonly order these expenses to be divided between the parents, either equally or proportionally to income.
Common shared expenses include:
Uninsured medical, dental, and vision care
Orthodontics, therapy, or specialized treatment
School supplies, uniforms, and activity fees
Extracurricular activities, including travel sports and camps
These additional obligations are typically outlined in the final decree or court order. Parents are expected to maintain records, submit reimbursement requests promptly, and communicate clearly about upcoming costs. Failure to follow procedures could delay or jeopardize reimbursement.
Strategic Tips If You’re Being Asked
to Pay Support
- Document your income, debt, and actual parenting time.
- Review whether the proposed amount reflects guideline limits and actual need.
- If you share custody, request an offset calculation.
- Push for clarity and specificity in orders to prevent future disputes.
Strategic Tips If You’re Seeking
Support
- Prepare a clear, credible budget that reflects your child’s actual needs.
- Show job search efforts and financial transparency.
- Include details for extracurriculars or medical needs that may justify a deviation.
- Build a record early—judges look for consistency, not last-minute claims.
Temporary Child Support While a Divorce Is Pending
Courts can order temporary support while the divorce is still in process. This temporary order ensures that the child’s basic needs are met during separation and can later be modified in the final decree.
Temporary orders are:
- Based on current financial need
- Enforced like any final support order
- Modifiable if circumstances change before final trial
Frequently Asked Questions
Can we agree to waive child support?
Only with court approval. Judges will reject any agreement that doesn’t serve the child’s best interest.
Will support change if I have more kids?
It might. The court may consider your obligation to support additional children when calculating current support.
Can support be ordered for adult children with disabilities?
Yes. Support may continue indefinitely if the child requires care and cannot self-support.
What if my ex refuses to work?
Courts can impute income based on the parent’s qualifications and work history.
Does 50/50 custody mean no child support?
No. Courts can order full child support paid by either parent, no child support paid by either parent, or offsetting child support based on income differences among the parents.
Is child support taxable?
No. Child support is not considered taxable income to the recipient, and it is not deductible for the payer.
Why Choose Whitten Legal for Your Child Support or Custody Case
Child support isn’t just about numbers. It’s about what the facts show, what the law allows, and what your strategy needs to reflect. At Whitten Legal, we bring:
- Financial fluency for complex income scenarios
- Strategic defense against inflated or unsupported claims
- Deep experience in seeking, and defending against, child support including deviating from child support guidelines.
- A high level of preparation going into each hearing or trial.
- Resolution-focused advocacy, with trial readiness if needed
Whether you’re seeking fair support or defending your ability to provide, we bring energy, clarity, and confidence to every case.
