Texas Maximum Child Support Increased September 1, 2013
Texas guideline child support can be calculated based on how much money the payer (the parent paying child support) makes monthly less certain deductions (calculations are shown below). However, Texas child support guidelines have a cap on the amount of monthly income on which a parent must pay child support. On September 1, 2013, the maximum amount of monthly net resources from which child support can be calculated rose from $7500 per month to $8550 per month. The 2013 increased cap on the maximum guideline Texas child support payment started on September 1, 2013 for everyone meeting the higher income requirements, even those who already had a divorce decree or a court order about child support.
Please be aware there is no across the board increase in child support! The September 1, 2013 child support increase only applies to payers whose gross monthly resources (income from all sources) is between $10,340.50 per month ($124,086 annually) and $11,828.81 ($141,945.72 annually) or more.
The Texas 2013 maximum child support amount went up on September 1, 2013 from $1500 per month for one child to $1710; from $1875 for two children to $2137.50; and from $2,250 for three children to $2,565 unless there are other children to be considered (see the multifamily table below).
Neither the Texas Attorney General nor the family court will automatically increase the amount of child support on or after September 1, 2013 if the payer's income is high enough to meet the new cap (although the AG's office does review child support at least every three years in each family so the state will review it sooner or later). In other words, to actually get paid the higher max child support, the parent who receives child support must bring the increased payment responsibility to the attention of the paying parent for his or her voluntary agreement to start paying more, or to the Texas Attorney General for action if the paying parent will not cooperate.
The 2013 maximum child support cap increase is not retroactive in the sense that it would cause maximum child support payments made in the past to increase resulting in an arrearage. Remember too, parties can always make an agreement to a child support amount different from Texas guideline child support requirements (find out how to do that here). Whatever way it happens whenever it happens - through the Texas Attorney General or by agreement - if there is any change in the amount a parent pays in Texas child support up or down for any reason, the parties will need a modification of their divorce decree or child support order that is approved and ordered by the court for the new amount to be enforceable.
Those concerned about paying more child support in Texas because of the increase in caps will want to be certain to do their calculations using the Texas Attorney General's 2016 Texas Tax Charts for child support that reflect the higher social security and federal income taxes imposed in January, 2013. Guideline child support in Texas is calculated most often using the Texas AG's tables that show monthly net resources for various incomes after subtracting social security tax and Federal income tax paid for a single person claiming one personal deduction and the standard deduction. Texas Attorney General's tax tables from 2012 or before will be inaccurate for calculating child support under the 2013 maximum child support cap increases and social security and tax rate increases.
For general information, go to "Child Support and Medical Support in Texas". To calculate Texas child support amounts using the 2016 tables, see below.
How do I calculate my child support payment in Texas?
Texas has a child support formula to determine the amount the state "presumes" is in the child’s best interest. In mediation we help you with these calculations. 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 in child support depending on how many children there are. The percentages are slightly different if the paying parent has a legal responsibility to also pay for other children who are not involved in the parents’ current dealings (see the Multiple Family Adjusted Guidelines table below).
Calculate Average Net Monthly Resources
If you want to make a stab at calculating the amount of guideline child support in Texas yourself, you will need to calculate the paying parent's average net monthly resources. This is done by first calculating gross income on an annual basis.
Remember, when you calculate annual gross income, if you get paid a fixed amount, take the gross amount paid (without taking out taxes, social security, or other deductions) and multiply it by 52 if paid weekly, multiply it by 12 if paid monthly, by 24 if paid two times per month, or by 26 if paid every two weeks.
Include the following income in your annual gross income:
- One hundred percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);
- Interest, dividends, and royalty income;
- Self-employment income;
- Net rental income (rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation); and
- All other income actually being received, including severance pay, retirement pay, pensions, trust income, annuities, capital gains, social security benefits, unemployment benefits, disability and workers' compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, child support, and alimony.
Do not include in your gross income:
- Return of principal or capital on a note not included in net resources;
- Accounts receivable;
- Benefits paid through Temporary Assistance for Needy Families (TANF);
- Payments for foster care; or
- Net resources of a new spouse.
Do the division to get your average monthly gross income then subtract:
Divide the annual gross income you get by 12 to give you average monthly gross income, then subtract the following from the average monthly income to give you average net monthly resources:
- Social security tax and Federal income taxes paid for a single person (these taxes based one personal deduction and the standard deduction are figured for you for both salaried and self employed persons in the Texas Attorney General's 2016 Tax Charts);
- State income taxes;
- Union dues; and
- Child's health insurance cost or cash medical support.
Monthly Texas Child Support Guidelines
Before September 1, 2013, if the average net monthly resources are $7,500 or less, the amount of child support is calculated as a percentage of the average net monthly resources. On and after September 1, 2013 if the average net monthly resources are $8,550 or less, the amount of child support is calculated as a percentage of the average net monthly resources. To determine the amount of monthly child support, apply the percentages below in Table 1 to the average net monthly resources you just calculated.
Table 1 Texas Child Support Guidelines: Percentages of Net Monthly Resources per Child
- 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
For example, if average net monthly resources are $3000, then monthly Texas child support under the guidelines would be:
- $600 for one child ($3000 x 20%)
- $750 for two children ($3000 x 25%)
Effect of Social Security or Disability Benefits on Texas Child Support
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 as calculated under the Texas child support guidelines.
Maximum Child Support Cap (see also information at the top of this page)
Before September 1, 2013 the “presumed” maximum child support payment in Texas was capped at a percentage of $7,500 average net monthly resources depending on how many children there are (see table 1 above for those percentages). On and after September 1, 2013, the cap increased to $8,550 net monthly resources. So before September 1, 2013 for people with average net monthly resources of $7,500 or more, the maximum amount of child support for one child was $1,500 per month, $1,875 for two, and $2,250 for three. On or after September 1, 2013 for people with average net monthly resources of $8,550 or more, the maximum amount of child support in Texas for one child is $1,710 per month, $2,137.50 for two, and $2,565 for three (unless there are other children that are being supported by the parent paying child support in which case use the Multiple Family Adjusted Guidelines table below for reduced percentages). The cap on the maximum average net monthly resource amount will be adjusted every six years according to inflation beginning in 2007. That means parents will want to look into this again if there is high earner payer and children eligible for child support on September 1, 2019.
However, if the average net monthly resources are more than $7,500 before September 1, 2013, and more than $8,550 after September 1, 2013, then the amount of Texas child support may be adjusted upward over the caps if the child's proven needs are greater than the cap amount. A court may order one or both parents depending on their circumstances to pay the difference between the Texas guideline child support amount and the child's proven needs, but the judge cannot order more than the presumptive Texas guideline 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).
What happens to the amount of child support I owe if I have a duty to support other children too?
The Texas guideline percentage of average net monthly resources you pay for child support is lower if you have other biological or adopted children you support from a previous relationship or a court order to support another child. For example, if a parent has only one child from the current marriage and no other children to support and has net monthly resources of $2,500, the amount of guideline child support would be $500 per month (20% X $2,500). See table 1 above.
However, if a parent also had two biological or adopted children (not a stepchild) to support from another relationship, the percentage of net monthly resources to support one child of the current marriage goes down to 16% (found at the intersection of the row for 2 "other children the parent has a duty to support" and the column under the 1 showing the "number of children before the court"). So in this example, the amount of the guideline child support for the one child before the court would be $400 per month (16% X $2,500).
The chart below shows the percentages of net resources depending on how many children there are before the court and how many other children there are to be supported.
What factors can a judge consider to set the child support amount above or below the guideline amount?
A judge may adjust child support up or down from the presumptive amount under the guidelines depending on:
- The age and needs of the child;
- Educational expenses beyond secondary school;
- Provisions for health insurance and payment of uninsured medical expenses;
- Extraordinary educational, health-care, or other expenses of the parties or the child;
- Any resources available for the child's support;
- Whether either party has managing conservatorship or possession of another child;
- Each party's period of possession or access to the child;
- Child care expenses that allow either party to maintain gainful employment;
- Each parent's respective ability to contribute to the child's support;
- The paying spouse's earning capacity if intentionally unemployed or underemployed and any deemed income;
- Spousal maintenance paid or received;
- Benefits such as a car, house, or other benefits paid by an employer, another person or a business;
- Paycheck deductions other than those already factored into calculating net monthly resources;
- Cash flow from any real or personal property including businesses or investments;
- Debts assumed by either party; or
- Any other reason consistent with child's best interest, taking into consideration the parents' circumstances.
The judge is not allowed to consider these factors:
- A history of voluntary payment above the guidelines amount;
- The sex of the paying spouse, the recipient spouse, or the child; or
- The marital status of the child's parents.
Click here for answers about medical support, how to modify child support, what happens if someone stops paying, and other questions.
Do You Also Need Custody and Parenting Plans?
If you are getting divorced or you are unmarried parents, you will need to decide custody and a parenting plan if those have not already been addressed in a previous court action. Figuring out who makes decisions for the child, where the child will live and go to school, and when he or she will see each parent can be more emotional and difficult than reaching agreement on child support. If you can’t do it yourselves, mediation is a good place to work through those very important decisions. Our team includes a child and parenting specialist if you need additional expertise. We see couples for a free consultation in-person or online for child support, custody, and parenting plan mediation in Southlake, Texas. Call Détente at 817.283.5100 to schedule an appointment.