Texas has a formula to determine the amount of child support the state “presumes” is in the child’s best interest. 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.
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 2018, the maximum child support payment in Texas is capped at a percentage of $8,550.00 average net monthly resources. The cap on the maximum average net monthly resource amount will be adjusted every six years according to inflation. Next time it will be adjusted is September 2019. If the average net monthly resources is less than $8,550.00, 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 $8,550.00 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.