How Much Can I Expect to Receive in Child Support in Texas?
The short answer? It depends.
Texas law does provide guidelines that suggest what percentage of an obligor’s income should go toward child support. For example, if a parent is supporting one child, the law suggests paying 20% of their monthly net resources. (See Tex. Fam. Code § 154.125.)
But these are just that—guidelines. Courts can and do deviate from them if following the guidelines would be unjust or inappropriate in a particular case.
Factors Courts Consider
Under Texas Family Code § 154.123(b), a judge may look at several factors when deciding how much child support should be paid, including:
Age and needs of the child
Resources of both parents
How much time each parent spends with the child
Necessary child care expenses
Custody or support of other children
How health insurance and medical expenses are provided
Even these factors can be tricky. For example, the Texas Supreme Court has explained that a child’s “needs” include more than just bare necessities, but do not guarantee a certain lifestyle. (Rodriguez v. Rodriguez, 860 S.W.2d 414, 417 n.3 (Tex. 1993)).
Examples of Deviations from the Guidelines
1. Downward Departures
Sometimes a court will order less (or no) child support.
In Dennis v. Smith, 962 S.W.2d 67 (Tex. App.—Houston [1st Dist.] 1997, pet. denied), the trial court ordered no monetary child support at all.
Why? The parents had been splitting costs “down the middle” for years without a court order, the arrangement was working, and the child had not suffered financially. The court found that this approach actually promoted cooperation between the parents and benefited the child.
2. Upward Departures
Courts can also order more than the guidelines suggest.
In Iliff v. Iliff, 339 S.W.3d 74 (Tex. 2011), the court considered a parent’s earning potential instead of actual income because the parent was intentionally underemployed. This type of decision looks at why a parent earns less than they could—whether it’s to spend more time with the children or simply to avoid paying more support.
The Bottom Line
While the Texas child support guidelines provide a starting point, the court will ultimately focus on what is in the child’s best interest. Every family’s situation is unique, and judges have broad discretion to adjust child support up or down based on the evidence.
Need Advice?
If you have questions about what child support might look like in your case, talking with a family law attorney who knows Tarrant County courts can give you a clearer—and more realistic—picture, give McMullen Law Group a call.
