Navigating Texas Child Support Calculations: A Guide for Parents

When parents in Texas separate or divorce, ensuring the ongoing financial support of their children is a paramount legal and moral obligation. The process of calculating child support can seem deceptively simple—a basic percentage of income. However, beneath this straightforward guideline lies a complex system of rules, definitions, and judicial discretion that can significantly impact the final obligation. At Barton & Associates, Attorneys at Law, our experienced San Antonio family law attorneys provide clarity and strategic counsel on child support calculations. We help parents understand not just the standard formula, but the nuanced factors that can alter the outcome, ensuring that court orders are both fair and accurately reflect the true financial landscape of your family.

The Texas Family Code provides clear guidelines, but applying them to real-life situations with diverse income sources, medical needs, and parenting schedules requires careful legal navigation. Many parents mistakenly believe the calculation is automatic or non-negotiable, leading to confusion and potential disputes. Whether you are the parent who will be paying support or the one receiving it for your child’s care, understanding every component of the calculation is your first step toward a stable financial future for your family. Our role is to demystify this process, protect your interests, and advocate for a support order that truly serves the best interests of your children.

The Foundation: Understanding “Net Resources” in Texas

The cornerstone of any Texas child support calculation is determining the obligor parent’s “net resources.” This is a specifically defined legal term that encompasses far more than just a salary or hourly wage. According to the Texas Family Code, it includes 100% of all wage and salary income and all other income from any source, with only specific, enumerated deductions allowed.

What Counts as Income?

The state casts a wide net to capture a parent’s true earning capacity. Your net resources include:

• All Employment Income: Salary, wages, tips, bonuses, commissions, and overtime.
• Self-Employment and Business Income: Net income from business operations, contracts, and freelance work.
• Investment and Asset Income: Dividends, interest, rental income, royalties, and trust income.
• Retirement and Disability Payments: Most pensions, retirement benefits, and annuities.
• Miscellaneous Gains: Lottery winnings, gifts, prizes, and even spousal maintenance (alimony) received from another relationship.

Allowable Deductions to Reach “Net” Resources

From this gross total, Texas law allows only a limited set of deductions to arrive at the final “net resources” figure:

• Federal income tax (based on the tax for a single person claiming one personal exemption and the standard deduction).
• State income tax.
• Social Security (FICA) and Medicare taxes.
• **Costs for court-ordered health insurance for the child.
• **Costs for dental insurance for the child.
• **Non-voluntary retirement contributions (e.g., mandatory public retirement system contributions).

Notably, voluntary retirement savings (like a 401(k)), union dues not required for employment, and most other personal expenses are not deductible when calculating net resources.

Applying the Texas Child Support Percentage Guidelines

Once a parent’s monthly net resources are established, the court applies the following statutory percentage guidelines to determine the presumptive child support amount:

• 1 child: 20% of net resources
• 2 children: 25% of net resources
• 3 children: 30% of net resources
• 4 children: 35% of net resources
• 5 children: 40% of net resources
• 6 or more children: Not less than 40% of net resources

The Cap on Net Resources

Crucially, these percentages apply only up to a cap. For the 2024 calendar year, the guideline percentages are applied to the first $9,530 of the obligor’s monthly net resources. Income above this amount can still be considered for support, but the court must apply additional factors to determine an appropriate amount, rather than automatically applying the same percentage. This cap is adjusted every odd-numbered year for inflation.

Beyond the Basic Formula: Key Factors That Influence Calculations

The guideline amount is a starting point, but numerous real-world factors can lead a judge to adjust the final order upward or downward.

1. Medical Support and Uninsured Healthcare Expenses

Child support in Texas is a two-part obligation: the basic monthly payment and medical support. The court will order one or both parents to provide health insurance for the child if it is available at a reasonable cost. The cost of this insurance premium, if paid by the obligor, is deducted from their gross resources before applying the percentage guideline. Additionally, courts routinely order parents to share uninsured medical, dental, and vision expenses (like co-pays and deductibles) in proportion to their incomes, often outside of the monthly support payment.

2. Childcare Costs and Special Expenses

Necessary childcare expenses incurred due to employment or job-seeking are a major consideration. The court can order these costs to be paid in addition to the guideline support, typically divided between the parents based on their proportionate share of net resources. The same principle applies to expenses for children with special needs or other extraordinary educational or healthcare costs.

3. Possession and Access (Visitation)

While the basic guideline assumes a standard possession schedule, significant deviations can impact support. If the obligor has extended or more frequent possession of the child, the court may adjust support to account for the direct expenses incurred during that time. In some cases, a possession schedule that approaches equal time-sharing may justify a meaningful deviation from the guideline amount.

4. Other Children and Legal Dependencies

The obligor’s duty to support other children, whether from the current relationship, a prior relationship, or a new family, can be considered. The court may adjust support if the obligor is legally responsible for supporting other children who are not the subject of the suit.

5. Intentional Unemployment or Underemployment

A court will not allow a parent to avoid support obligations by quitting a job or failing to seek appropriate employment. If a judge finds that a parent is intentionally unemployed or underemployed, the court can calculate support based on that parent’s earning potential, not their actual, diminished income. This “imputation of income” is a powerful tool to ensure fair support.

A Practical Example: Calculating John’s Child Support

Let’s apply these principles to the example from our website, using John’s situation. John has two children and the following financial picture:

• Monthly Salary: $7,000
• Rental Income: $500
• Self-Employment Income: $200
• Royalty Income: $100
• Total Monthly Gross Resources: $7,800

From this, he has allowable deductions:

• Federal/State Taxes (estimated): $1,500
• Cost of Children’s Health Insurance: $200
• Total Deductions: $1,700

John’s Monthly Net Resources: $7,800 – $1,700 = $6,100

Applying the Texas guideline for two children (25%): $6,100 x 0.25 = $1,525

This $1,525 is the presumptive monthly child support obligation from the guidelines. However, if John’s children had significant monthly therapy co-pays of $300, the court might order him to pay a proportionate share (e.g., 70% based on his income share) of that expense, which would be an additional $210 per month, bringing his total financial obligation to $1,735.

The Critical Role of Legal Counsel in Child Support Calculations

While online calculators provide estimates, they cannot account for strategic legal arguments or the specific posture of your case. An experienced family law attorney is essential for:

• Accurate Net Resource Determination: Ensuring all of the other parent’s income is properly disclosed and included, and that your legitimate deductions are applied.
• Advocacy for Deviations: Building a compelling case for a deviation from the guidelines if your situation involves special needs, high childcare costs, or a unique possession schedule.
• Protection Against Unfair Imputation: Defending you against claims of intentional underemployment if you have experienced a legitimate job loss or career change.
• Negotiation and Settlement: Working to reach an agreement on support that reflects the true calculation, avoiding the cost and uncertainty of a contested hearing.
• Future Modifications: Advising you on when a material change in circumstances (like job loss, promotion, or change in the child’s needs) might justify a future modification of the order.

How Barton & Associates Can Help You Navigate Child Support

Our San Antonio attorneys bring a detailed, pragmatic approach to every child support case. We begin by conducting a thorough financial analysis, leaving no stone unturned in assessing income and expenses. We then develop a strategy tailored to your role—whether you are seeking to establish appropriate support for your child’s needs or ensuring your obligation is fair and based on accurate numbers. We are skilled negotiators in mediation and formidable advocates in the courtroom, always focused on securing an outcome that provides stability for children and clarity for parents.

Take the Next Step Toward Financial Clarity for Your Family

Understanding your child support obligation is critical to planning your family’s future. Errors in calculation can lead to years of financial strain or inadequate support for your child.

Do not leave this crucial calculation to chance or guesswork. Contact Barton & Associates, Attorneys at Law, today for a confidential consultation. Let our experienced team analyze your specific circumstances, explain your rights and obligations under Texas law, and guide you toward a fair and legally sound child support resolution. Call our San Antonio office at 210-500-0000 to schedule your appointment. We are here to ensure your child’s financial well-being is protected.

Main Category: Family Law
Practice Area Category: Child Support
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000