Texas Child Support Guidelines Update
PLEASE READ UPDATE (2019)
Texas Child Support Guidelines Change-
Effective Sept. 1, 2019
Effective September 1, 2019 The Texas Child Support Division of the Attorney General increased the Maximum child Support under the Texas Child Support Guidelines from $8,550 to the “new cap”of net monthly resources to $9200 annually. This change in the law will increase the amount of maximum child support from of $1,710.00 to $1,840.00 monthly (20% of $9200. For one child)
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PRIOR GUIDELINES
On September 1, 2013: Important Texas Child Support Guideline Changed!
The Texas Child Support Division of the Attorney General increased the “CAP” on net resources for purposed Child Support from the past amount of $7500 to be $8550, which became effective Sept. 1, 2013.
This “Cap Increase” affects any child support case filed or pending after September 1, 2013.
Under the Texas Family Code §154.125 the guidelines for Child Support are as follows:
(a) The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor’s monthly net resources are not greater than $8,500 or the adjusted amount determined under Subsection (a-1), whichever is greater.
(a-1) The dollar amount prescribed by Subsection (a) above is adjusted every six years as necessary to reflect inflation. The Title IV-D agency shall compute the adjusted amount, to take effect beginning September 1 of the year of the adjustment, based on the percentage change in the consumer price index during the 72-month period preceding March 1 of the year of the adjustment, as rounded to the nearest $50 increment. The Title IV-D agency shall publish the adjusted amount in the Texas Register before September 1 of the year in which the adjustment takes effect. For purposes of this subsection, “consumer price index” has the meaning assigned by Section 341.201, Finance Code.
(a-2) The initial adjustment required by Subsection (a-1) shall take effect September 1, 2013. This subsection expires September 1, 2014.
(b) if the obligor’s monthly net resources are not greater than the amount provided by Subsection (a), the court shall presumptively apply the following schedule in rendering the child support order:
CHILD SUPPORT GUIDELINES
BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
- 1 child 20% of Obligor’s Net Resources
- 2 children 25% of Obligor’s Net Resources
- 3 children 30% of Obligor’s Net Resources
- 4 children 35% of Obligor’s Net Resources
- 5 children 40% of Obligor’s Net Resources
- 6+ children Not less than the amount for 5 children
Depending on the number of other children an obligor has a duty to support, the percentage of child support may be lower. For example, if the obligor was previously married and has 1 child to support in the previous marriage, the amount of support paid for one child before the court decreases to 17.50 percent. See the chart below.
Net resources are determined by deducting the following from the obligor’s income:
1. Social Security Taxes;
2. Federal Income Tax based on the tax rate for a single person claiming one personal exemption and the standard deductions;
3. State Income Tax;
4. Union Dues (if such deductions are being withheld); and
5. Expenses for Health Insurance Coverage for Obligor’s Child(ren) (if such deductions are being withheld).
Texas Child Support Guidelines
Effective September 1, 2019 The Texas Child Support Division of the Attorney General increased the Maximum child Support under the Texas Child Support Guidelines from $8,550 to the “new cap”of net monthly resources to $9200 annually. This change in the law will increase the amount of maximum child support from of $1,710.00 to $1,840.00 monthly (20% of $9200. For one child)
Click Here to Read Updated Information
Under the Texas Family Code §154.125 the guidelines for child support are as follows:
(a) The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor’s monthly net resources are not greater than $7,500 or the adjusted amount determined under Subsection (a-1), whichever is greater.
(a-1) The dollar amount prescribed by Subsection (a) above is adjusted every six years as necessary to reflect inflation. The Title IV-D agency shall compute the adjusted amount, to take effect beginning September 1 of the year of the adjustment, based on the percentage change in the consumer price index during the 72-month period preceding March 1 of the year of the adjustment, as rounded to the nearest $50 increment. The Title IV-D agency shall publish the adjusted amount in the Texas Register before September 1 of the year in which the adjustment takes effect. For purposes of this subsection, “consumer price index” has the meaning assigned by Section 341.201, Finance Code.
(a-2) The initial adjustment required by Subsection (a-1) shall take effect September 1, 2013. This subsection expires September 1, 2014.
(b) if the obligor’s monthly net resources are not greater than the amount provided by Subsection (a), the court shall presumptively apply the following schedule in rendering the child support order:
CHILD SUPPORT GUIDELINES
BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
1 child 20% of Obligor’s Net Resources
2 children 25% of Obligor’s Net Resources
3 children 30% of Obligor’s Net Resources
4 children 35% of Obligor’s Net Resources
5 children 40% of Obligor’s Net Resources
6+ children Not less than the amount for 5 children
Depending on the number of other children an obligor has a duty to support, the percentage of child support may be lower. For example, if the obligor was previously married and has 1 child to support in the previous marriage, the amount of support paid for one child before the court decreases to 17.50 percent. See the chart below.
Multiple Family Adjusted Guidelines (% of Net Resources) Net Monthly Resources X Percentage Below |
||||||||
Number |
Number of Children Before the Court |
|||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
0 |
20.00 |
25.00 |
30.00 |
35.00 |
40.00 |
40.00 |
40.00 |
|
1 |
17.50 |
22.50 |
27.38 |
32.20 |
37.33 |
37.71 |
38.00 |
|
2 |
16.00 |
20.63 |
25.20 |
30.33 |
35.43 |
36.00 |
36.44 |
|
3 |
14.75 |
19.00 |
24.00 |
29.00 |
34.00 |
34.67 |
35.20 |
|
4 |
13.60 |
18.33 |
23.14 |
28.00 |
32.89 |
33.60 |
34.18 |
|
5 |
13.33 |
17.86 |
22.50 |
27.22 |
32.00 |
32.73 |
33.33 |
|
6 |
13.14 |
17.50 |
22.00 |
26.60 |
31.27 |
32.00 |
32.62 |
|
7 |
13.00 |
17.22 |
21.60 |
26.09 |
30.67 |
31.38 |
32.00 |
Net resources are determined by deducting the following from the obligor’s income:
- Social Security Taxes;
- Federal Income Tax based on the tax rate for a single person claiming one personal exemption and the standard deductions;
- State Income Tax;
- Union Dues (if such deductions are being withheld); and
- Expenses for Health Insurance Coverage for Obligor’s Child(ren) (if such deductions are being withheld).
Hers, His, Ours: Marriage – Divorce – Remarriage
Today’s family unit is often in a state of flux. After a divorce, most people remarry and often there are children involved. In the new, blended family, one or both spouses may be paying child support. Newly-born or adopted children may also enter into the picture.
Sometimes, the cycle continues: marriage, divorce, remarriage, divorce.
Now, mom or dad has children in multiple households.
Do the additional children change the amount of child support to be paid? Not without a court order.
In Texas, child support may be reduced when an obligor (person paying child support) has additional children that the obligor is legally required to support. These children may be new biological children, or legally adopted children. Generally, Texas courts do not consider stepchildren as a factor in reducing child support.
Texas courts follow statutory guidelines in determining amount of child support. Many people are familiar with the following basic formula: 20% of net income for one child; 25% of net income for two children; 30% of net income for three children; and so on.
However, under the legal guidelines, the court also considers whether the obligor has a legal obligation to support other children, either under another child support order or because the obligor has legal custody of the child. In cases involving the children in multiple households, the court may consult the following chart from Section 154.129 of the Texas Family Code:
CHILD SUPPORT GUIDELINES
BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
1 child 20% of Obligor’s Net Resources
2 children 25% of Obligor’s Net Resources
3 children 30% of Obligor’s Net Resources
4 children 35% of Obligor’s Net Resources
5 children 40% of Obligor’s Net Resources
6+ children Not less than the amount for 5 children
Depending on the number of other children an obligor has a duty to support, the percentage of child support may be lower. For example, if the obligor was previously married and has 1 child to support in the previous marriage, the amount of support paid for one child before the court decreases to 17.50 percent. See the chart below.
Multiple Family Adjusted Guidelines (% of Net Resources) Net Monthly Resources X Percentage Below = Monthly Child Support Obligation
|
||||||||
Number of other children for whom the obligor has a duty of support |
Number of Children Before the Court |
|||||||
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
0 |
20.00 |
25.00 |
30.00 |
35.00 |
40.00 |
40.00 |
40.00 |
|
1 |
17.50 |
22.50 |
27.38 |
32.20 |
37.33 |
37.71 |
38.00 |
|
2 |
16.00 |
20.63 |
25.20 |
30.33 |
35.43 |
36.00 |
36.44 |
|
3 |
14.75 |
19.00 |
24.00 |
29.00 |
34.00 |
34.67 |
35.20 |
|
4 |
13.60 |
18.33 |
23.14 |
28.00 |
32.89 |
33.60 |
34.18 |
|
5 |
13.33 |
17.86 |
22.50 |
27.22 |
32.00 |
32.73 |
33.33 |
|
6 |
13.14 |
17.50 |
22.00 |
26.60 |
31.27 |
32.00 |
32.62 |
|
7 |
13.00 |
17.22 |
21.60 |
26.09 |
30.67 |
31.38 |
32.00 |
The court may also consider additional factors listed in Section 154.123 of the Texas Family Code.
In order to benefit from these factors, the obligor must present evidence that rebuts the presumption that the statutory guidelines is in the best interest of the children. When a person has children in more than one household, determining child support can be complicated. A wise person will seek the professional help of an experienced family law attorney.