How Child Support Is Calculated in Texas — The Formula, Deviations, and What Bexar County Courts Actually Do

Child support in Texas is not left to a judge’s discretion in the way that property division or custody arrangements are. Texas law prescribes a specific formula for calculating child support under Texas Family Code Chapter 154, and that formula produces a presumptive monthly amount that courts are required to apply unless a specific statutory basis for deviation exists. Understanding exactly how the formula works — what income it counts, what deductions it allows, and when a Bexar County judge will order an amount above or below the guideline figure — is essential for any parent entering a divorce, a SAPCR proceeding, or a child support modification.

The Starting Point — Net Resources, Not Gross Income

The Texas child support formula begins not with gross income but with net resources, which is a specific calculation defined by Texas Family Code Section 154.062. Net resources are determined by starting with all sources of income the obligor — the parent ordered to pay — receives, and then subtracting specific allowable deductions.

Income counted toward net resources includes wages, salary, commissions, overtime pay, tips, bonuses, interest and dividends, rental income, self-employment income, net income from a business, workers’ compensation benefits, unemployment benefits, disability benefits, Social Security income, and any other recurring income. The definition is deliberately broad and courts apply it broadly — if money is coming in on a regular basis, it is likely countable.

The deductions subtracted from total income to arrive at net resources are: federal income tax withholding based on the tax rate for a single person claiming one personal exemption and the number of dependents the obligor is entitled to claim, state income tax where applicable (Texas has no state income tax, so this deduction does not apply in most Texas cases), Social Security taxes actually withheld, Medicare taxes actually withheld, union dues, and the cost of health insurance or cash medical support actually paid by the obligor for the children who are the subject of the support order.

The result of that calculation — total income minus those specific deductions — is net resources for purposes of the Texas child support formula.

The Guideline Percentages

Once net resources are established, the Texas child support guidelines apply a percentage based on the number of children before the court. Under Texas Family Code Section 154.125, the guideline percentages are:

• One child: 20 percent of net resources
• Two children: 25 percent of net resources
• Three children: 30 percent of net resources
• Four children: 35 percent of net resources
• Five or more children: 40 percent of net resources

These percentages apply to the first $9,200 of monthly net resources as of the most recent adjustment to the cap under Texas Family Code Section 154.125(a). Net resources above the cap are not subject to the guideline percentage for the basic support obligation, though a court can consider income above the cap in determining whether an upward deviation is appropriate based on the child’s proven needs.

If the obligor has children from other relationships for whom they are also legally obligated to pay support, the applicable percentage is adjusted downward under Texas Family Code Section 154.128 to account for those existing obligations. The calculation for this adjustment is more complex and requires applying a formula that compares the number of children in the current case to the total number of children across all support obligations.

The Net Resources Cap and High-Income Obligors

When the obligor’s monthly net resources exceed the cap — currently $9,200 per month — the guideline percentage applies only to the capped amount for the base calculation. For a parent paying support for one child whose net resources are $15,000 per month, the guideline calculation produces $1,840 per month (20 percent of $9,200) rather than $3,000 per month (20 percent of $15,000).

However, for high-income obligors, Texas Family Code Section 154.126 permits the court to order additional support above the guideline amount if the child has proven needs that exceed the guideline figure. The obligee — the parent receiving support — must present evidence of the child’s actual needs and the cost of meeting them. This is where documentation of the child’s educational expenses, extracurricular activities, medical costs, and standard of living becomes important in high-income cases.

When Courts Deviate From the Guidelines

Texas courts are required to apply the guideline amount unless a party establishes that deviation is appropriate under the factors listed in Texas Family Code Section 154.123. Those factors include the age and needs of the child, the ability of the parents to contribute to the support of the child, any financial resources available to support the child, the amount of time of possession of and access to the child, the net resources and financial needs of each parent, any debts or obligations of each parent, whether either parent has custody of another child, the costs of education for the child, whether the child has extraordinary expenses, whether the child has special medical or educational needs, the cost of travel for possession and access, the child’s extracurricular activities, and any other relevant factor.

In practice, Bexar County family courts most commonly deviate from the guidelines in two situations. The first is when the possession schedule departs significantly from the standard possession order — if the obligor has substantially more than the standard 43 percent possession time, a court may reduce the guideline amount to reflect the additional direct expenses the obligor is bearing during their extended possession periods. The second is when the child has documented special needs — medical conditions, therapy requirements, educational accommodations — that produce costs significantly above what the guideline amount covers.

Modification of an Existing Child Support Order

A child support order in Texas can be modified when a material and substantial change in circumstances has occurred since the order was last set, or when it has been three years since the order was established or last modified and the monthly amount differs by either 20 percent or $100 from what the current guideline calculation would produce — whichever is less under Texas Family Code Section 156.401.

Material and substantial changes that support modification include a significant increase or decrease in the obligor’s income, a change in the child’s medical insurance coverage, a change in the child’s medical needs, a change in the possession schedule, or a change in the number of children for whom the obligor is legally obligated to pay support. The party seeking modification bears the burden of establishing that the statutory standard has been met.

In Bexar County, child support modification cases are heard in the family district courts. The court applies the current guideline calculation to the current net resources of the obligor and determines whether deviation is appropriate based on the current circumstances — not the circumstances that existed when the original order was entered.

If you are navigating a child support calculation, modification, or enforcement matter in San Antonio or Bexar County, call Barton & Associates at 210-500-0000. Our family law attorneys understand the specific way Bexar County courts apply the Texas child support guidelines and can advise you on exactly what to expect in your case. Consultations are free, confidential, and available 24 hours a day.