How to Calculate Child Support
At The Torres Attorneys, we know that one of the most common and emotionally charged questions in family law involves child support. Whether you're the parent receiving payments or the one ordered to provide support, our Texas child support lawyers can help you understand how these amounts are determined.
Our goal is to make the process easier to follow and less overwhelming. Our firm is based in Corpus Christi, Texas, and we offer clarity and direction to help parents make informed decisions.
Let’s take a look at how child support is calculated, what factors are considered, and what parents should expect throughout the process.
Start With Net Monthly Income
Everything in child support calculations starts with income. Texas law doesn’t base support on gross earnings—it focuses on net resources, which means income after taxes and deductions.
We must determine the paying parent’s monthly net income before calculating support. This involves looking at all sources of income and subtracting allowable deductions.
Sources of income may include:
Wages and salary: Including overtime, commissions, and bonuses.
Self-employment income: Profits from running a business or freelance work.
Rental income: Any earnings from leasing property.
Retirement benefits: Social Security, pensions, or private retirement accounts.
Unemployment or workers’ compensation: Temporary benefits still count as income.
From this total, we then subtract mandatory deductions, such as:
Federal income taxes
Social Security and Medicare
Union dues
Health insurance premiums for the child
Once these figures are in place, we’re left with the paying parent’s net monthly income.
Apply the Texas Guidelines
Texas uses a percentage-based formula to determine how much support is owed. The guidelines apply a fixed percentage of the paying parent’s net monthly income, depending on the number of children involved.
The percentages under current law are as follows:
One child: 20% of net monthly income
Two children: 25%
Three children: 30%
Four children: 35%
Five children: 40%
Six or more: Not less than the amount for five children
These guidelines assume the parent has no other children to support. If there are additional children from another relationship, adjustments may apply. That’s one area where the guidance of a family law firm becomes particularly helpful.
Consider the Cap on Net Resources
Texas places a cap on the amount of net monthly income used for child support calculations. As of 2023, this cap is $9,200. Even if a parent earns more than that amount, the percentages apply only up to the cap—unless the child has proven additional needs.
Let’s say a parent earns $12,000 per month after deductions. The court will only apply the guideline percentage to $9,200 unless the other parent presents a case showing why more is necessary—often through documentation of medical expenses, special education, or therapy.
This cap helps create consistency in family law cases and prevents disproportionately high awards based solely on income.
Adjustments for Multiple Families
When a parent has other children from different relationships, Texas courts adjust the support amount to reflect those obligations. The percentages above may be reduced slightly to account for multiple households.
The court considers:
Children in the same household: If the parent supports other children living with them full-time.
Children in other households: If the parent already pays support under another order.
The aim is fairness across all families. The court uses a formula known as the “multiple family adjusted guidelines” to work through these situations. Our firm regularly helps parents make sense of how this formula applies to their unique situation.
Deviating From the Guidelines
While the guideline amounts work in most cases, courts are allowed to deviate if the situation justifies it. Judges have the discretion to set a higher or lower amount when applying the standard calculation would be unfair or wouldn’t meet the child’s needs.
Factors that may lead to deviation include:
Extraordinary medical expenses: Children who need ongoing treatment, surgeries, or medications.
Educational needs: Private school, tutoring, or special programs.
Shared parenting arrangements: When both parents have the child for nearly equal time.
Long-distance visitation costs: If travel is needed for visits, that cost may affect the order.
Other significant expenses: Anything that directly affects the child’s well-being.
When a deviation is requested, the court must make written findings explaining the decision. We work closely with our clients to gather and present evidence when they seek (or oppose) a deviation from the guideline amount. These decisions are highly fact-driven and rely on a strong presentation of the child's actual needs—something our family law firm is deeply familiar with.
Health Insurance and Medical Support
In addition to regular child support, Texas requires that the parent provide medical and dental coverage for the child. This support is considered separate from the basic monthly payment.
There are three main responsibilities here:
Health insurance coverage: One parent—usually the one paying support—must carry or pay for coverage if it's available at a reasonable cost.
Cash medical support: If insurance isn’t available, the parent may pay an additional amount toward medical care each month.
Uninsured expenses: Both parents may share out-of-pocket costs like co-pays, prescriptions, and emergency bills.
These items are added to the total support obligation, and we work with families to make sure these costs are clearly outlined in the court order.
How Self-Employment and Variable Income Affect Support
Not every parent earns a consistent salary. For those who are self-employed or have fluctuating income, calculating support becomes more nuanced. Courts usually look at income over a longer period to get a clearer picture.
For example, someone who owns a business may have irregular profits, deductible expenses, and one-time losses. Courts will often:
Average income over the past year or two: To account for good and bad months.
Review business records and tax returns: To confirm legitimate expenses and actual take-home income.
Exclude inflated deductions: Courts may disregard deductions that artificially lower income, like excessive write-offs.
We often recommend gathering detailed financial records early in the process to prevent confusion or disputes later. When financial documentation is incomplete, the court may impute income based on earning potential instead.
Income Must Be Verified
To calculate child support accurately, both parents must provide a full picture of their finances. Courts require disclosure of tax returns, pay stubs, profit-and-loss statements, and other income-related documentation.
Verification matters because:
It supports transparency: The court needs a clear view of each parent’s ability to pay.
It prevents disputes: Documented income reduces the chances of disagreement.
It helps determine fairness: Without complete information, the court may assign an estimated income, which can hurt the parent’s position.
If a parent refuses to submit their financial records, the court can base the calculation on what that parent could reasonably earn. That’s another reason it’s wise to cooperate with the process—and to work with a family law firm that can guide you through documentation.
Modifying Child Support Over Time
Child support isn’t set in stone. Life changes, and when it does, the law provides a way to ask for a modification. To modify a support order, a parent must show a material and substantial change in circumstances or that three years have passed with a difference of 20% or $100 from the original amount.
Common reasons for modification include:
Job loss or income reduction
Increase in income
Change in custody arrangement
New health needs or school expenses
The paying parent now supports additional children
We help parents evaluate whether a change in their situation qualifies and then file a formal request with the court. It’s important to note that changes don’t take effect until the court approves them—informal agreements between parents aren’t enforceable.
Enforcing a Child Support Order
Sometimes, a parent falls behind on support. When that happens, the other parent can take steps to enforce the order. The Texas Office of the Attorney General may get involved, but private legal representation can be a faster and more focused route.
Enforcement tools include:
Wage garnishment: Automatically taking support payments from a paycheck.
Contempt proceedings: Taking the non-paying parent to court.
License suspension: Driver’s, hunting, or professional licenses may be suspended.
Tax refund intercepts: Redirecting federal or state refunds toward unpaid support.
We often counsel our clients on how to resolve these issues through communication before enforcement escalates. When cooperation fails, we’re ready to move forward with appropriate legal action.
Reach Out to a Lawyer
At The Torres Attorneys, we understand that child support is more than just numbers—it’s about protecting your child’s future while respecting your financial reality.
We’re here to offer clear, honest answers and to walk through the process with you, step by step. Our firm proudly serves Corpus Christi, Texas, as well as the Dallas-Fort Worth area. Call us today to get started.