Calculating Child Support - How do I calculate my child support payment in Texas?

Child supportTexas has a formula to determine the amount of child support the state “presumes” is in the child’s best interest.   As a part of our services, we help you with these calculations. In a nutshell, child support in Texas is determined by figuring out the average net monthly resources of the paying parent and applying guidelines established by the Texas legislature that require paying a percentage of those average net monthly resources depending on how many children there are.

If you are totally baffled (don’t feel bad, most people are), then try this Texas Child Support Calculator which will give you a pretty good idea of the amount that you would pay until we can figure it out more precisely in our office.

If you want to make a stab at it yourself, you will need to calculate the paying parent’s average net monthly resources. This is done by first calculating gross income on an annual basis.

Remember, when you calculate annual gross income, if you get paid a fixed amount, take the amount paid and multiply it by 52 if paid weekly, multiply it by 12 if paid monthly, by 24 if paid two times per month, or by 26 if paid every two weeks.

 Step 1 – Determine what income is to be included:

Include the following income in your annual gross income calculation:

  • One hundred percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);
  • Interest, dividends, and royalty income;
  • Self-employment income;
  • Net rental income (rent after deducting operating expenses and mortgage payments, but not including non-cash items such as depreciation); and
  • All other income actually being received, including severance pay, retirement pay, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, disability and workers’ compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, child support, and alimony.

Do not include:

  • Return of principal or capital on a note not included in net resources;
  • Accounts receivable;
  • Benefits paid through Temporary Assistance for Needy Families (TANF);
  • Payments for foster care; or
  • Net resources of a new spouse.

Step 2: Get the average monthly income.

Divide the annual gross income you get by 12 to give you average monthly gross income.

Step 3: Subtract the  the following from the average monthly income to give you average monthly net resources:

  • Federal income taxes paid for a single person claiming one personal deduction and the standard deduction;
  • State income taxes;
  • Social security taxes (tip: click here to see a chart that shows monthly net income after taxes);
  • Union dues; and
  • Child’s health insurance cost or cash medical support.

To determine the amount of monthly child support, apply the percentages below to the average monthly net resources (unless the child lives in more than one household in which case the calculations are different). For 2012, the maximum child support payment in Texas is capped at a percentage of $7,500 average net monthly resources. So the maximum amount of child support for one child is $1500 per month and $1875 for two. The cap on the maximum average net monthly resource amount will be adjusted every six years according to inflation beginning in 2007. If the average net monthly resources are $7,500 or less, the amount of child support is calculated as a percentage of the actual average net monthly resources:

  • One Child 20% of net resources
  • Two Children 25% of net resources
  • Three Children 30% of net resources
  • Four Children 35% of net resources
  • Five Children 40% of net resources
  • Six Children Not less than 40% of net resources

If the net monthly resources are more than $7,500 the amount of child support may be adjusted upward if the child’s proven needs are greater than the presumptive guidelines amount. A court may order one or both parents depending on their circumstances to pay the difference between the guideline amount and the child’s proven needs, but the judge cannot order more than the presumptive amount of child support or one hundred percent of the child’s proven needs, whichever is greater (unless of course the parents agree to that amount). If the child receives social security or disability benefits from the paying spouse’s old age social security or disability benefits, those amounts are subtracted from the total amount of child support required under the guidelines.

In cases where the parent paying child support is paying child support for other children outside of this case, the percentages are slightly lower. We can help you calculate these reduced amounts

Other posts you might find interesting include:

Dividing property

Mistakes to avoid in divorces

Popular myths about shared custody that are wrong

Our firm is a full service law firm located in Rockwall County, Texas.  We handle all types of family law, criminal law as well as estate and probate matters in Dallas County, Collin County, Hunt County & Kaufman County. We do not charge for the initial consultation.  Call today!  Here is our contact information: 

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We protect Texans and their rights. One Texan at a time. You can count on us!

It’s really not as hard as it looks to calculate child support in Texas. We’ll be happy to work the numbers with you, and to resolve any child support disputes you may have with your spouse or former spouse.

36 comments to Calculating Child Support – How do I calculate my child support payment in Texas?

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  • oscar aparicio

    What iif I leave my current employer and take a job with less stress and lower pay. I am avg. 100,000 a year. My income would drop by 50%. How would that effect the child support. Would I still have to pay the same amt.

    • Jack Robinson

      Greetings:

      Until you get a new order in place lowering your child support, you will continue owing the same amount of child support. The other issue is if you leave your current job for another job earning significantly less money that you are currently earning, your ex-wife may raise the issue you are intentionally under-employing yourself for the purpose of avoiding your child support obligation. If the court agrees with that argument, you could be order to continue paying the current amount of the ordered child support.

      Hope this explanation provides you some guidance!

      Jack

  • jay

    My child support is being reviewed by my request because of job change for over a year. I make about 30 percent less now. They are going by all my overtime which I only have got this year due to employee shortage and covering routes, I am a driver. Does Texas go by overtime no matter what? Without oovertime I can’t even provide for my family. What can I do?

    • Jack Robinson

      They look at the totality of your income. You can offer evidence in support of your claim that the overtime is not dependable or predictable. Courts will listen and give weight to that evidence. Hope this helps!

  • Carey

    Would I take a certified copy of my notice to withhold to my new employer so that they can start deducting without delay the same amount that was being deducted from my previous job? Despite me making more? Would the ex find out immediately where I work or would she need to inquire etc…?

    • Jack Robinson

      You can either take a certified copy of the order to your new employer or ask the district clerk to send a copy of the order to your new employer. Regardless of the way you get the order to your new employer, it will not trigger a release of information from your new employer to anyone about the amount of your new salary.

  • steve miller

    I have one child with first ex-wife, I have another child with second ex-wife, I am now single and have no other children or dependents – how do I determine the total percentage of my net pay for child support – both children love with their mothers

  • Steffan

    How does basic housing allowance is factor into the calculation of the child support? This amount reflects my pay stub but is automatically deducted monthly by the contracted housing office of the military.

  • Steffan

    How does basic housing allowance is factor into the calculation of the child support? This amount reflects my pay stub but is automatically deducted monthly by the contracted housing office of the military. I currently live in Hawaii on military housing property.

  • Andrea

    My ex husband makes 160,000 a year and I make 12,000 a year. He has custody of our 3 children. My income is way below the poverty level yet I’m still giving him 300 a month even though he makes a lot more than I do. I can’t afford a car, a place to live, etc. How do I get it reduced?

    • Jack Robinson

      You need to file a motion to reduce your child support. The problem is that the lowest the court is likely to reduce your child support is to what would be owed if you only earned a minimum wage salary. Not sure what county you are in but you need to see if there is legal aid available in your county to help you. Hope this offers you some guidance.

  • Jack Robinson

    That is not true. The rate is 25% for 2 kids. Here is a link on an easy to use child support calculator http://www.co.travis.tx.us/records_communication/law_library/pdfs/calculator.pdf

  • Jack Robinson

    http://www.co.travis.tx.us/records_communication/law_library/pdfs/calculator.pdf

    Greetings:

    You did not say if the the court order is from a Texas court or not. I will assume that it is. The link above is an excellent child child support calculator. Hope this helps!

    Jack Robinson

  • Jack Robinson

    Click on this link. Great calculator for calculating child support when there are children by different mothers

    http://www.co.travis.tx.us/records_communication/law_library/pdfs/calculator.pdf

  • Lynn Gray

    I’m a rancher with some W-2 income. I file a schedule F each year. Is my net income my AGI for calculating the 20% ?
    Thanks for the help

  • james Willis

    If i have teen kids do i have to pay child support

  • Disabled Vet

    Counselor Robinson,

    My legal issue regards Dept. of Veteran Affairs disability compensation. As a 100% unemployable, compensated Texas disabled vet (placed on the Permanent Disability Retired List under Title 10 Chapter 61 with only 33 months active duty) who also receives Social Security disability benefits, 26 U.S.C 104 (b)(2)(D) states that my VA compensation is not to be considered gross income. Per consideration of sections 8.055 2(2)(F), 101.001 and 154.061 found within the Texas Family Law Code, can a judge lawfully include my VA compensation as gross income for child support calculation? This federal restitution is also legally defined as not remuneration for employment i.e. not earnings for personal service and cannot be garnished.

    See also http://www.acf.hhs.gov/programs/css/resource/financial-support-for-children-from-benefits-paid-by-veterans-affairs

    In September 2009, a Texas Title IV-D official properly submitted to the Dept. of VA an apportionment request for the children living with my ex-wife.

    I subsequently possess an apportionment denial ruling from the Secretary of Veteran Affairs which states that my compensation is not to be reduced. Per 38 U.S.C. section 511, does this ruling prevent Texas family court from making a second judgement as to using my VA compensation for child support?

  • LeAnn

    From what I understand if a parent is paying child support for one child it is 20% of their net resources. And 25% for 2 children. What if those children are from 2 separate women in 2 separate households? What percentage does each child receive?

  • roland

    I have 2 children from a previous relationship, 2 in a current one. I make about 3,900 gross a month.I pay 280 to first mom..and 720 to second. The first mother is taking me yo court to try to get an increase. My monthly bills are 1500 and I only take home about 1750…how much more can she get from me???

  • Ross Ruchti

    I live in another state. My kids stayed with me three weeks this summer. Do I still pay support for the three weeks they were with me?

  • shane

    Does my va compensation check include as income along with my regular full time Job?

  • James

    I am retiring from the military on disability and plan to use my Montgomery GI Bill to return to school. Is my GI Bill monthly stipend included in my child support calculation?

  • John T Flores

    If I have a fulltime job and pick up a seasonal/part time job does that calculate into my child support?

  • Jorge

    The AG has ordered a review of my child support payments. I graduated in May 2012 from Busimess school. My salary has increased from 60k to 100k. Per my calculations my child support payment will almost double. From 630 to 1200. I haven’t have my appointment yet but there is enough tools out there to calculate this. Thus I feel confident about those numbers. My question is this. I was unemployed for 2 years while in school(a pays internship in the middle 20k). I paid the 630 dollars during those 2 years. I borrowed money and use some of my savings to accomplish the latter. I have a lot of school loans to pay plus my mortgage etc etc etc. at the beginning of school I called the AG office and asked if I could have my payments reduced and a clerk said no. According to what I have read now I don’t belive that was true. But that is in the past now. As I have only been receiving my 100k salary for a year would the judge take in consideration the 2 years was not receiving income but remain making my payments. I m just very worried while 100 k is a good salary when you take in consideration taxes and student loans is definitely not as much as I would like it to be. I’m a responsible dad and I have never missed a payment but it will be really hard for me to continue to pay for the summer schools that I put her while she is with me plus all the stuff that I buy her during my weekends . Please advise if in your opinion I have some choices.

  • Leeann

    Is BAH for military members counted in the calculation for child support in Texas?? the military member still receives full BAH for dependents

  • Sara

    We filed an Uncontested divorce about 7 months ago and mutually agreed upon an amount for child support However now I’m being served with papers to modify the child support order there has been NO change in his job the only difference since the divorce decree was finalized is we (me and the children) moved. The amount he pays now is currently a bit higher then the state guidelines. will a judge changed this since its been such a short period of time? He has the visitation schedule of every 1st, 3rd, 5th, weekend from Thursday after school until Monday morning and every 2nd and 4th Thursday overnight.

  • Someone

    The father of my child has two kids from different mothers one he already has child support paper work and he just went to have the second child on child suporrt paper work. The judge said that I needed to fill out paper work with my income we are not/ have not been married by court or church we live together yes and have his third child together yes. Why does my income matter. If my income matters shouldnt the childs mothers common law husbands income matter also..

  • It’s been 13 years ive never been called in for review until now. My son just turned 18 my daughter is about to turn 17. I make quiet a bit more at work than what I did 13 years ago my ex wife and I share all expenses with the kids and she said that she doesn’t want anymore than what im paying now. The OAG wants us to come in for a negotiation my question is can the state make me pay more even if she tells them she doesn’t want anymore?

  • Scott

    Does the amount you put in a 401k., count as income used to determine your child support? For instance I make 75k a year and due to overtime and differential I made 86k. Buy I contributed 11k to my 401 k. What will they use as my gross income?

    Thanks

  • Ok my ex is screaming I will be paying some outrageous amount of child support for our three kids. I live in Texas and we are splitting residential custody she has the girls one week while I have the boy and we switch on Sunday. Without court order I’ve been giving her $400 a month. Could you possibly tell me how much more I will have to give her. Thanks for your time.

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