Texas Child Support Guidelines

The Texas Family Code codifies guidelines used by Texas divorce courts for determining child support. These guidelines are created by the state legislature to apply to all people, in all Texas divorce situations, when net resources do not exceed $6,000.00. Courts are presumed to follow these general rules of law:

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

Texas divorce courts should adjust these requirements for additional children from prior marriages, apportioning percentages among all offsprings. If net resources exceed $6,000.00 per month, the court must use these percentages for the first $6,000.00 of net income. When net income above $6,000 is available for distribution, courts may order additional amounts payable.

Texas Child Support Guidelines - Definitions used by Texas Divorce Courts

Net income and net resources are determined by statute. Income may be presumed, or imputed, or assumed. The party paying under Texas divorce guidelines is also required to maintain children on any employment health insurance or pay for premium costs out-of-pocket. An "order of withholding" is mandatory under Texas divorce law for employees to automatically deduct payments according to the Texas Child Support Guidelines.

Features of the Texas Child Support Guidelines:

• For child support, Texas divorces require payment until the child reaches 18 and graduates from high school. All future liability under the Texas Child Support Guidelines ends upon turning 19, however past due amounts remain payable.
• Texas child support disbursement units monitor payments.
• Child support laws of Texas frequently result in incarceration for non-payment.
• Texas child support special needs children may be entitled to payments indefinitely.
• The Texas Attorney General, child support division, prosecutes parents for non-payment in addition to courts accepting motions from individuals involved, for the enforcement of child support.