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How to calculate child support in Texas

In Texas, child support is calculated using a straightforward set of guidelines outlined in Chapter 154 of the Texas Family Code. This is done to ensure that a child is properly supported, but also that the noncustodial parent pays a fair share toward a child's upbringing. child support division

All told, the process takes four steps when done manually, or just one when using a monthly child support calculator.

Step 1: Determine the noncustodial parent's gross income

To calculate Texas child support payments, you'll first need to determine the total gross income of the noncustodial parent. Almost always, the divorce decree or child support order will specify which parent this is, but parents who have not yet finalized their divorce may need to research how to decide which parent will have custody.

Regardless, remember that total gross income goes beyond the wages you make at your primary job, including:

• Bonuses and commissions
• Self-employment income
• Income from rental properties
• Social Security benefits
• Retirement benefits

Depending on the complexity of your finances, determining this number can involve checking pay stubs, investment accounts, or tax returns. For especially complex situations, it may be best to speak with an attorney or accountant to get as accurate a figure as possible.

Step 2: Subtract allowable deductions to find net income

Once you have your total gross income, you'll need to subtract any deductions allowed by the state of Texas in order to find your net income. In Texas, these deductions include:

• Federal and state income taxes
• Social Security taxes
• Union dues
• Health insurance premiums paid for the child
• Child support for other children
• Mandatory retirement payments (such as for military personnel)
• Alimony payments

In some cases, these deductions may be contested by the custodial parent in court, so it's important to confirm and document the validity of any deductions you claim. If you have concerns that you may be missing potential deductions or wrongly claiming any, it's best to speak with a family law attorney for clarification.

Step 3: Find your child support percentage number

Texas law uses a percentage of the noncustodial parent's net income to determine child support payments, with that percentage changing depending on the noncustodial parent's monthly net resources and how many children they support.

For noncustodial parents who earn $1,000 or less net income per month, the percentages are:

• 1 child: 15%
• 2 children: 20%
• 3 children: 25%
• 4 children: 30%
• 5 or more children: 35%

For noncustodial parents who earn between $1,000 and $9,200 net income per month, the percentages are:

• 1 child: 20%
• 2 children: 25%
• 3 children: 30%
• 4 children: 35%
• 5 or more children: 40%

In Texas, the courts typically ignore any net income earned beyond $9,200 per month when calculating child support. That said, noncustodial parents may be required to pay other types of support, such as for medical or dental expenses.

Finally, noncustodial parents who support children from other relationships may have their monthly payments reduced:

Step 4: Multiply net income by your percentage number

The final step of calculating child support payments is to multiple your net income by the child support percentage number determined in step three. For example, if your monthly net income is $4,000, you're paying support for three children, and you support one other child outside of this case, the equation would be:

$4,000 (income) × 0.2738 (child support percentage) = $1095.20 (total monthly child support payment)

In this case, the noncustodial parent pays child support of $1095.20 per month.

Who pays a child's medical support and dental insurance?

In Texas, a child's medical and dental bills are considered distinct from the expenses covered by child support. Typically, these bills are the responsibility of the noncustodial parent. Texas courts mandate that a noncustodial parent must provide a child with medical and dental insurance through their employer. Or, if such insurance isn't available, the court can order one of several alternatives, including:

• Reimbursement of the custodial parent for medical and dental expenses, up to 9% of the noncustodial parent's yearly gross income for medical and up to 1.5% for dental.
• A set dollar amount paid in addition to child support each month.
• Freedom for parents to decide amongst themselves how medical and dental expenses should be handled.
• In cases where one parent makes significantly more money than the other, a court-ordered division of medical and dental expenses.

How are child support payments made in Texas?

In all cases, child support payments in Texas are made through the Texas State Disbursement Unit (SDU), with direct payments to the custodial parent being strictly forbidden. Each month, the SDU processes payments and passes them on to the custodial parent to ensure proper delivery and record-keeping.

Typically, the noncustodial parent will sign an Income Withholding Order for Support, which allows the SDU to automatically deduct child support payments from their monthly wages or salary. In cases where the noncustodial parent would prefer their employer not know about a child support arrangement, the court may allow them to send payments directly to the SDU via direct deposit or mail.

Just like with child support, medical and dental payments for a child must also be made through the SDU.

What happens if child support payments aren't made?

Unpaid or delinquent child support is handled very seriously in Texas. For any unpaid amount greater than a single monthly payment, the noncustodial parent will be charged interest at a rate of 6% per year.

In extreme cases, a delinquent parent can be held in contempt of court and charged with up to six months in jail, a $500 fee for each violation, and will be forced to pay the custodial parent's legal fees.

Texas courts can also enforce a lien against a delinquent parent's property, seize their federal tax refund to cover unpaid child support, or even revoke certain licenses and privileges offered to citizens within the state.

How does 50/50 child custody work in Texas?

In Texas, 50/50 child custody, also known as joint custody or shared parenting, means that both parents share equal or nearly equal time with their child. Typically, this is the arrangement preferred by Texas courts because it encourages both parents to maintain a strong relationship with their children.

Joint managing conservatorship

In most 50/50 custody splits, Texas law prefers to appoint both parents as Joint Managing Conservators, meaning they share both the rights and responsibilities of raising their children, including:

• Educational choices
• Medical and dental care
• Extracurricular and academic activities
• Religious decisions
• Consent to military enlistment
• Management of financial matters

Despite this equal division of rights and responsibilities, keep in mind that joint managing conservatorship does not mandate an equal division of visitation or time spent with each parent.

Physical custody and visitation

While somewhat rare, a "true" 50/50 custody arrangement means that the child spends an equal amount of time with each parent. Some common custody schedules include the following:

• Week on/week off: The child alternates weeks between each parent’s home.
• 2-2-3 schedule: The child spends two days with one parent, two days with the other, and then three days with the first parent, with the schedule reversing each week.
• 3-4-4-3 schedule: The child spends three days with one parent, four days with the other, then four days with the first parent, and three days with the other parent.

While these are some of the more popular arrangements, 50/50 parents are generally allowed to tailor custody schedules to fit their specific needs and wants.

Also, 50/50 parenting does not preclude the possibility of court-ordered child support. In situations where one parent makes substantially more money than the other, that parent may need to pay child support or contribute more to the child's financial needs despite other responsibilities being relatively equal.

FAQs

How long are children eligible for child support?

Under Texas child support guidelines, noncustodial parents are responsible for child support until a child turns 18 or graduates high school, whichever occurs later. That said, child support may continue indefinitely for children who have certain disabilities, such as severe mental health issues, intellectual disabilities, or even chronic illnesses.

Can I deny visitation if my ex doesn't pay child support?

No, visitation and child support are separate issues. If child support isn't paid, the custodial parent should contact the Texas Office of the Attorney General to begin the proper legal proceedings against the delinquent parent. Denying visitation due to unpaid child support may result in legal consequences.

Can child, medical, and dental support payments be modified?

Yes, support payments can be modified if there is a significant change in the circumstances of the case, including:

• The income of either parent
• The employment status of either parent
• Child support payments for other children
• The needs of the child

What deductions are allowed when calculating net income for child support?

Texas allows custodial parents to deduct certain expenses from their gross income, including:

• State and federal income taxes
• Social Security taxes
• Union dues
• Health insurance premiums paid for the child
• Alimony payments
• Child support payments for other children

Can you get child support if the other parent lives in another state?

Yes, state and federal law allows for child support to be enforced across state lines. Specifically, the Uniform Interstate Family Support Act (UIFSA) outlines guidelines for how child support should be executed and enforced if the noncustodial parent lives in a state other than that of the child and custodial parent.