Texas Child Support — Frequently Asked Questions

Texas calculates child support as a percentage of the paying parent's monthly net resources under Texas Family Code §154.125. Net resources is not the same as gross or take-home pay — it is gross income minus federal income tax (at the statutory single-filer rate), FICA, Medicare, union dues, and the child's health insurance premium.

The applicable percentages are:

These percentages apply to net resources up to the statutory cap (approximately $11,700/mo effective September 1, 2025 — verify current figure). Read the full calculation explainer.

Under TFC §154.062, net resources includes wages and salary, overtime, tips and commissions, self-employment income (after legitimate business expenses), net rental income, dividends and capital gains, Social Security benefits, disability benefits, pension and retirement income, and most other income sources.

From this gross income, the following are deducted: federal income tax (at the single-filer rate the statute specifies, regardless of how the parent actually files), Social Security and Medicare taxes, union dues, and the cost of health insurance for the child only.

Voluntary contributions like 401(k) savings, consumer debt payments, and other personal expenses are not deducted from net resources.

Yes. Guideline child support percentages apply only to net resources up to the statutory cap — $11,700 per month effective September 1, 2025. The Office of the Attorney General adjusts this figure periodically; always verify the current cap.

If the paying parent's monthly net resources exceed the cap, the court applies the guideline percentage to the capped amount. Above that, the court may order additional support under TFC §154.126 if the child has proven needs and the obligor has the ability to pay — but this is not automatic.

Learn more about above-guidelines support.

Calculating child support for a self-employed parent is one of the most contested areas of the law. The starting point is Schedule C net income, but courts scrutinize business deductions carefully. Expenses that reduce tax liability without reducing actual cash availability — depreciation, home-office deductions, vehicle write-offs — may or may not be accepted as legitimate reductions in net resources.

Courts may also look at bank deposits, business revenues, and lifestyle evidence to determine the parent's true financial picture. Under TFC §154.066, if a court finds the parent is voluntarily underemployed or underreporting income, it can impute income at the level the parent could earn.

Under TFC §156.401, there are two independent grounds to modify:

Ground 1: Material and Substantial Change. Either party can seek modification if the circumstances of the child or a parent have materially and substantially changed since the last order. This is a fact-specific standard with no bright-line dollar amount.

Ground 2: Three-Year / 20% Rule. If it has been at least three years since the order was rendered or last modified AND the amount under current guidelines would differ from the current order by 20% or $100 (either threshold, not both), modification is available without proving a changed circumstance.

Read the full modification guide.

The three-year review rule (TFC §156.401(a)(2)) creates a separate path to modification that does not require a showing of changed circumstances. Two conditions must both be met:

• At least three years have passed since the order was entered or last modified, and
• The monthly amount that would be ordered under the current guidelines differs from the existing order by at least 20% or $100 (either threshold is sufficient)

This rule exists because circumstances change over time even when no single event triggers the "material and substantial" standard. It allows courts to keep orders current with earning trajectories.

Each missed payment becomes a judgment-level debt and interest accrues at 6% per year. Multiple enforcement tools are available:

• Wage withholding — automatic in Texas; a withholding order is sent directly to the employer
• License suspension — driver's, professional, and occupational licenses
• Contempt of court — up to 6 months in jail per motion, plus fines and attorney's fees
• Tax refund intercept — state and federal
• Passport denial — for arrears exceeding $2,500
• Property liens — on real estate and other assets

The OAG provides free enforcement services; a private attorney can file contempt actions more quickly in complex cases.

Yes. The Texas Office of the Attorney General (OAG) Child Support Division provides free enforcement services for all Texas child support orders. The OAG can send withholding orders, intercept tax refunds, report to credit bureaus, place liens, suspend licenses, and file contempt actions in court.

The OAG handles high case volumes. If you need faster results, particularly for a contempt hearing, or if the non-paying parent is self-employed or hiding income, retaining a private attorney can be more effective. Many parents use both simultaneously.

Courts cannot reduce or forgive arrears retroactively under TFC §157.262. Once payments come due, they are a legal debt that the court cannot eliminate. This applies even if the obligor's income dropped, even during incarceration, and even if the child lived with the obligor during the period of non-payment (the latter is addressed through a separate legal motion, not automatic credit).

However, the parent owed the arrears (if no state agency has a claim) can privately agree to accept less as full payment. This must be in writing. If the family received public assistance (TANF, Medicaid), the state may hold a claim to the arrears that cannot be waived by the private parent alone.

Child support arrears are also not dischargeable in bankruptcy.

Cash medical support is an additional monthly payment ordered when health insurance is not available to either parent at a reasonable cost — defined as no more than 9% of the obligor's annual resources for the child's coverage only.

Under TFC §154.182, every Texas child support order must address medical support in some form. When insurance is unavailable at a reasonable cost, cash medical support is paid on top of regular child support through wage withholding. It is intended to cover the child's healthcare costs. If insurance later becomes available, the order can be modified to replace cash medical support with a coverage requirement.

Texas's standard guideline formula does not include a specific "equal income" adjustment — the percentages still apply based on which parent is designated the obligor. However, when parents share physical possession of the child roughly equally (such as in a true 50/50 arrangement), courts may consider an offset approach: calculating what each parent would owe if they were the obligor and ordering the parent with higher income to pay the difference.

In true equal-possession, very-similar-income situations, courts sometimes reduce the support amount significantly or set it at a nominal figure. The result is fact-specific. An attorney can model the calculation for your specific income and possession schedule.

Not quite automatically. Under TFC §154.001, child support continues until the child turns 18 or graduates from high school — whichever occurs later — but not beyond age 19. If the child is still enrolled in high school at their 18th birthday, support continues until graduation.

Two important exceptions:

• Adult children with disabilities — Under TFC §154.302, support may continue indefinitely for an adult child who requires substantial care due to a disability that existed before adulthood
• Specific order terms — Some orders include provisions tied to events other than age 18 (such as completing college). Review your specific order

Even after current support ends, any unpaid arrears remain fully enforceable for up to 10 years after the support obligation terminates (TFC §157.005).