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How do courts determine child support?

On Behalf of | Jun 7, 2025 | Child Support |

When it comes to child support in Texas, the courts follow a structured formula designed to ensure that the child’s needs are met. The goal is to provide a fair amount of financial support from the non-custodial parent to the custodial parent. If you’re getting a divorce, you may find it helpful to know how the courts decide on the amount of child support.

Income of both parents

The first thing the courts will do is assess the income of both parents. This includes salaries, wages, commissions, bonuses, and any other source of income. Courts typically use the income of the non-custodial parent to calculate the base child support amount. This is because the custodial parent is already providing support in terms of housing and daily care for the child.

The Texas Child Support Guidelines are based on the non-custodial parent’s monthly net income. For example, if the non-custodial parent earns $5,000 per month, child support could be set as a percentage of that amount, depending on the number of children involved.

Number of children

Texas child support guidelines set specific percentages for different numbers of children. For one child, the guideline is 20% of the non-custodial parent’s net income. For two children, it increases to 25%, and for three children, it’s 30%. As the number of children increases, so does the amount of support.

Additional considerations

In some cases, the court will also take into account special expenses for the child. This can include medical costs, childcare, education, and other necessary expenses. If one parent has more visitation time or a significant change in financial circumstances, this may also affect the child support amount.

Texas courts base their child support decisions on a combination of factors. Understanding the guidelines and how they apply to your situation can give you a clearer idea of what to expect.