To help you understand the maximum amount of child support you might pay, our Texas child support lawyers explain the child support guidelines the State of Texas uses to calculate child support and how your circumstances affect the payment amount.
Let’s start.
Texas Child Support Maximums Explained
According to Texas Family Code 154.125, the noncustodial parent typically pays between 15% and 40% of their net monthly income, depending on how many children need support.
Any income earned beyond this amount is not typically considered when determining child support. “Not typically” means the obligor parent can sometimes be ordered to pay more than the statutory guidelines maximum amount.
Current Child Support Limits
When examining what you make each month, Texas only counts the first $9,200. The court assesses your annual income, subtracts your withholding for taxes, Social Security, union dues, and other requirement payments, then divides the remainder by 12 months. This provides a monthly amount of income, and you will pay a percentage for each child.
In instances where you make substantially more, you pay more than the current limits per child, which are:
- 1 child – $1,840
- 2 children – $2,300
- 3 children – $2,760
- 4 children – $3,220
- 5 children – $3,680
Texas Child Support Percentages
The Texas Family Code rules are straightforward with regard to the percentage the obligor parent’s net monthly resources will go to child support. If you make less than $9,200 a month, the percentages are:
- 1 child – 20% of your monthly income
- 2 children – 25% of your monthly income
- 3 children – 30%n of your monthly income
- 4 children – 35% of your monthly income
- 5 children – 40% of your monthly income
If you are paying child support to other recipients, the court considers those amounts and adjusts the order accordingly. Thankfully, no court can order you to pay more than 50% of what you earn.
Calculating Maximum Child Support is Not So Simple
While there is a formal child support calculator in Texas, it can be confusing to understand how much you might pay and what the maximum is. Each child support order is unique, so until the court issues the final order, it’s impossible to know the exact amount.
Some of the factors the court considers include:
- Each child’s age and needs
- Whether any or all children have special needs for education or health
- Each parent’s income, especially their past earning history
- Each parent’s earning potential if they are unemployed
- Child care expenses for the custodial parent
- Extracurricular activities for the children
- Child support or alimony paid for or received by either parent
Child Support and Self Employment
Texas provides tax charts that support the calculations for determining maximum child support payments.
There are two charts, and your attorney should use the one for self-employed individuals if you own your own company or are a freelance contractor.
What if My Ex Moves the Children Where the Cost of Living Is Higher?
If your ex has primary custody and relocates where the cost of living is higher, they might request a child support modification that makes you pay more. Because you’ll have to pay more to see the children and enjoy your visitation rights, the court may consider these additional expenses and reduce the monthly amount.
If you have questions about child support, please do not hesitate to contact Terry & Roberts’ Pearland child support attorneys. We are experienced in handling matters related to child support and are available to speak with you about your case.