Support in Texas

How Texas Calculates Child Support

Texas is one of a small number of states that uses a percentage of income model rather than an income shares model. Under this approach, child support is calculated as a flat percentage of the noncustodial parent’s net resources — not the combined income of both parents.

The percentages set by the Texas Family Code are straightforward:

• 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 or more children: 40% of net resources

If the obligor (paying parent) also has children from another relationship, the percentages are adjusted downward to account for that additional obligation. The specific adjusted percentages are detailed in Texas Family Code Section 154.129.

For a general overview of how different states approach these calculations, see our guide on how child support is calculated.

What Counts as Net Resources

Net resources under Texas law include virtually all income: wages, salary, commissions, overtime, tips, bonuses, dividend income, self-employment income, rental income, trust income, Social Security benefits, and retirement and pension income. From gross income, the following deductions are subtracted to arrive at net resources:

• Federal income taxes (based on the tax rate for a single person claiming one personal exemption and the standard deduction)
• State income taxes (not applicable in Texas, but relevant if the obligor earns income in another state)
• Social Security taxes (FICA)
• Union dues
• Health insurance premiums for the child

Notably, voluntary retirement contributions and many other elective payroll deductions are not subtracted.

The Net Resources Cap

Texas places a cap on the amount of net resources subject to the guideline percentages. As of recent years, this cap is approximately $9,200 per month (adjusted every six years by the legislature based on federal data). For a parent earning above the cap, the guideline percentage applies only to the first $9,200 of monthly net resources. The custodial parent can petition for additional support above the cap by proving the child’s needs require it, but the court has discretion in these cases.

You can estimate your potential obligation using our child support calculator.

Modifying Child Support in Texas

Either parent may file a motion to modify child support if there has been a material and substantial change in circumstances since the last order, or if it has been at least three years since the order was established or last modified and the current amount differs from the guideline by 20% or $100 per month, whichever is greater.

Common grounds for modification include job loss, a significant income change, a change in the child’s medical or educational needs, or a change in the custody arrangement.

Child support in Texas generally continues until the child turns 18 or graduates from high school, whichever occurs later, provided the child is enrolled in an accredited secondary school program. Support also terminates upon the child’s marriage, emancipation, or death.

Enforcement of Child Support Orders

Texas enforces child support aggressively through the Office of the Attorney General’s Child Support Division. Enforcement tools include:

• Income withholding from wages
• Interception of tax refunds, lottery winnings, and insurance settlements
• Suspension of driver’s, professional, and recreational licenses
• Liens on property and financial accounts
• Contempt of court, which can lead to fines and up to six months in jail per violation
• Posting of delinquent obligors on a public “most wanted” list maintained by the Attorney General

Unpaid support becomes a judgment by operation of law, and arrears accrue 6% annual interest.

Spousal Maintenance (Alimony) in Texas

Texas is one of the more restrictive states when it comes to spousal support. The state calls it spousal maintenance and limits both eligibility and duration more tightly than most jurisdictions.

To qualify for court-ordered spousal maintenance, the requesting spouse must demonstrate that they will lack sufficient property and income to provide for their minimum reasonable needs after divorce, and they must meet at least one of the following conditions:

• The marriage lasted 10 years or longer, and the spouse has exercised diligence in earning sufficient income or developing necessary skills during the divorce proceedings
• The spouse is unable to earn sufficient income due to a physical or mental disability
• The spouse is the custodian of a child who requires substantial care due to a physical or mental disability
• The paying spouse was convicted of or received deferred adjudication for family violence within two years of the divorce filing or during the divorce proceedings

Limits on Spousal Maintenance

Even when maintenance is awarded, Texas law caps it at the lesser of $5,000 per month or 20% of the payor’s average monthly gross income. Duration is also limited by statute:

• Up to 5 years if the marriage lasted between 10 and 20 years
• Up to 7 years if the marriage lasted between 20 and 30 years
• Up to 10 years if the marriage lasted 30 years or longer
• If maintenance is based on family violence, the maximum duration is 5 years regardless of marriage length
• If maintenance is based on disability, there is no fixed duration, but the court reviews it periodically

These caps make Texas one of the least generous states for spousal support. Courts also expect the receiving spouse to make a good-faith effort to become self-supporting, and maintenance can be terminated if that effort is not demonstrated.

Contractual Alimony as an Alternative

Because court-ordered maintenance is so limited, many Texas divorces include contractual alimony — a negotiated agreement between the spouses that is not bound by the statutory caps. Contractual alimony can be for any amount and any duration the parties agree to. However, it is enforceable as a contract, not as a court order, which means the remedy for nonpayment is a breach-of-contract lawsuit rather than contempt of court.

When to Seek Legal Guidance

Texas child support calculations are relatively straightforward below the net resources cap, but cases involving high income, self-employment, or multiple families can become complicated quickly. Spousal maintenance eligibility is narrow, and understanding the difference between court-ordered maintenance and contractual alimony is critical to protecting your financial interests. If you have questions about your specific situation, consider scheduling a free consultation with a family law professional.

Statutes referenced: Texas Family Code Sections 154.001-154.309 (child support), Sections 8.001-8.059 (spousal maintenance).