How is child support calculated?

In Texas, child support is usually paid for by the non-custodial parent (the parent with less parenting time), though there may be some exceptions to this. Typically speaking, child support is calculated using the non-custodial parent’s net income resources.  The person paying child support is known as the obligor; and the person who is receiving child support payments is known as the obligee.  These net income resources may come from many sources, including but not limited to - 

• Wage & salary income (including commissions, overtime pay, tips, and bonuses.)

• Self-employment income

• Severance pay 

• Retirement pay

• Social Security benefits (other than supplemental security income)

• Veterans Affairs disability benefits (other than non-service-connected disability-pension benefits)

• Unemployment benefits

• Disability & workers’ compensation benefits

• Alimony (actually received)

• Child support payments (actually received by the obligor) - in cases involving multiple households

• Net rental income

• Interest income

• Capital gains (realized and actually received)

• Trust distributions

• Annuity income (actually received)

• Gifts & prizes (actually received)

• Deemed income 

• Other income

The following are not typically considered for the calculation of net resources:

• Return of capital or principal

• Accounts receivable

• Certain welfare benefits

• Foster care payments

When calculating the amount of net resources, the court must also subtract the following:

• Federal and state income taxes (in specific manner)

• Social Security taxes

• Non-discretionary retirement plan contributions

• Union dues

• Child’s health insurance, dental insurance, or cash medical support

See Texas Family Code Chapter 154.062.

Once the obligor’s net resources has been determined, child support may be calculated based on the guidelines as follows:

For children living in one household.

If 1 child = 20% of obligor’s net monthly resources

If 2 children = 25% of obligor’s net monthly resources

If 3 children = 30% of obligor’s net monthly resources

If 4 children = 35% of obligor’s net monthly resources

If 5 children = 40% of obligor’s net monthly resources

If more than 6 children = Not less than the amount for 5 children.

For children living in more than one household, the situation can be a bit more complex.  

See Texas Family Code Chapter 154.125 - 154.126.

Either way, you can use the child support calculator provided by the Texas Attorney General to help determine your guideline child support.

Also, remember that the information here is only based on what is provided in the child support guidelines.  The court always has the discretion to deviate from the guideline depending on the situation. If you have questions or are involved in a suit relating to child support, you should probably consult with an attorney before deciding whether or not you should proceed on your own. 

The content provided in this blog is for informational purposes only.  This is not legal advice, and your viewing of this blog does not form any attorney-client relationship. 

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