How to Calculate Child Support in Texas: A Comprehensive Guideline

• Jan.08.2022
• Child Support

Child support payments are not determined by individuals. Instead, Texas law requires a calculation based upon a predetermined formula.

The predetermined child support formula has been specifically designed to apply in different scenarios based on what the non-custodial parent’s resources amount to on a monthly net basis.

If you have any questions about how to calculate child support in Texas, don’t hesitate to contact The Stout Law Firm, PLLC, today.

Child Support Payment Guidelines in Texas

For the following guidelines, it is assumed that the monthly net resources for the supporting (non-custodial) parent are $9,200 or less.

In these cases, the presumptive schedule of payments set by the court is as follows:

• When there is one child, the child support payments will make up 20% of the supporting parent’s net income.
• When there are two children, the child support payments will make up 25% of the supporting parent’s net income.
• When there are three children, the child support payments will make up 30% of the supporting parent’s net income.
• When there are four children, the child support payments will make up 35% of the supporting parent’s net income.
• When there are five children, the child support payments will make up 40% of the supporting parent’s net income.
• When there are six or more children, then the child support payments will make up at least 40% or more of the supporting parent’s net income.

Exceptions to Child Support Rules

There are several exceptions to the above child support payment guidelines.

For instance, if the non-custodial parent has children from an additional relationship, these percentages may be reduced to accommodate children from both relationships.

If the non-custodial parent’s net resources exceed $9,200, the court may order additional child support payments based on the child’s proven needs or the presumptive amount, whichever is greater, but it cannot exceed 100% of the child’s needs.

The presumptive amount is calculated by multiplying the applicable percentage by $9,200, depending on which figure is the greater figure.

How to Calculate Child Support in Texas

In Texas, child support calculation aims to distribute financial responsibility fairly between parents by following a set formula. The formula considers the following factors:

• Net income of the noncustodial parent. The total income minus applicable deductions.
• Number of children. The more children, the higher the child support amount.
• Possession and access schedule. The amount of time each parent spends with the child(ren) can affect the calculation.
• Health insurance costs. If the noncustodial parent provides health insurance for the child(ren), the cost is factored into the calculation.
• Childcare costs. If either parent needs childcare to work, those costs may also be considered.

Here’s a step-by-step process on how child support is calculated in Texas:

• Determine net income. The court will determine the net income of the noncustodial parent by subtracting mandatory payroll deductions from their gross income.
• Apply the child support percentage. Once the net income is determined, the rate corresponding to the number of children is applied, as outlined in the Texas Family Code.
• Factor in health insurance. The cost of health insurance premiums for the child(ren) is generally deducted from the noncustodial parent’s child support obligation.
• Consider other expenses. In some cases, additional expenses like childcare or extraordinary medical costs can be included in the child support calculation.

The final amount of child support may be influenced by exceptions and other factors. Our experienced Texas family law attorneys can estimate the support amount and provide personalized advice.

What Does Child Support Cover in Texas?

Child support in Texas is intended to provide financial support for the basic needs of a child, including:

• Housing—Rent or mortgage payments, utilities, and home maintenance.
• Food—Groceries and meal expenses.
• Clothing—Appropriate clothing for the child’s age and activities.
• Medical care—Health insurance premiums, co-pays, deductibles, and out-of-pocket medical expenses.
• Childcare—Includes expenses for daycare or babysitting required while the custodial parent is working or attending school.
• Education—This covers school-related costs like tuition, fees, and educational materials.
• Activities—Costs for extracurricular activities, sports fees, and lessons.

Child support is intended to provide for the child’s basic needs and ensure a standard of living that meets the child’s requirements.

Additional Texas Child Support Requirements

In addition to child support payments, the non-custodial parent will be required to maintain the child (or children) on his or her employer’s health insurance policy.

If there is no health insurance available through the employment of the non-custodial parent, but it is available by way of the custodial parent’s employer, then the non-custodial parent will be ordered to pay the costs of the premium.

If insurance is not available through either employer, then the non-custodial parent will have to provide individual insurance coverage to whatever extent is affordable and available.

Typically, the court will also make an order regarding deductibles and other expenses regarding insurance. Child support law often requires the non-custodial parent to obtain life insurance covering the full amount of support payments up until the point in which the support payments would terminate.

This is a preventative measure in case the non-custodial parent passes before the child support order is scheduled to terminate.

How Is Health Insurance Calculated in Child Support?

Health insurance plays a crucial role in child support in Texas. The noncustodial parent is typically responsible for offering health insurance for their child(ren) at a reasonable cost if available through their employer.

Here’s how health insurance is typically handled in child support calculations:

• Cost of insurance. The actual cost of the health insurance premiums is typically deducted from the noncustodial parent’s child support obligation.
• Proof of coverage. The noncustodial parent must provide proof of health insurance coverage for the child(ren).
• Exceptions. If health insurance is unavailable through the noncustodial parent’s employer or is prohibitively expensive, the court may order them to contribute a set amount toward the child(ren)’s health insurance costs.

Ensuring continuous health insurance coverage for the child(ren) is crucial to avoid penalties and safeguard their well-being.

For Trusted Support, Contact a Texas Child Support Attorney Today!

For a consultation regarding your child support case, please contact our firm online or call (713) 980-4300 today to speak with a child support attorney.

Angela Stout

Angela A. Stout was admitted to the State Bar of Texas in 2007. Ms. Stout has practiced law since 2007, with an emphasis in representing clients in family law matters. She earned her Juris Doctorate degree from South Texas College of Law in May of 2007. Ms. Stout became Board Certified in Family Law by the Texas Board of Legal Specialization in December of 2015. The Texas Board of Legal Specialization is a specialized group of attorneys that must obtain exceptional experience in a specific area of law, pass a comprehensive exam, and complete ongoing continuing legal education in that specialized area. Additionally, Ms. Stout is certified as a mediator by the A.A. White Dispute Resolution Center.

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