What counts as income for child support in Texas?

Income for child support purposes includes wages, salary, tips, overtime, commissions, bonuses, self-employment income, rental income, interest and dividends, trust income, certain disability benefits, and other recurring sources of earnings. Courts look at a parent's actual economic resources, not just what appears on a tax return or pay stub. Hidden, underreported, or informally received income may also be considered. Texas Family Code § 154.062.

Can a court deviate from the child support guidelines?

Yes. A court may order support above or below the guideline amount if applying the guidelines would be unjust or inappropriate given the specific circumstances. Factors the court may consider include the child's age and needs, each parent's ability to pay, childcare expenses, travel costs for possession and access, the child's educational or medical needs, and any other relevant circumstances. Texas Family Code § 154.123.

What is the child support cap in Texas?

The Texas child support guidelines apply to the first $10,000 of the paying parent's net monthly resources, as updated by House Bill 1786 effective September 1, 2023. For parents earning above this threshold, courts may order additional support above the cap if the child's proven needs justify a higher amount. Texas Family Code § 154.126.

Does the possession schedule affect how much child support I pay?

Standard child support guidelines apply regardless of how much parenting time each parent has. However, when parents share substantially equal possession, generally 243 or more days per year for each parent, courts may consider an offset to the base guideline amount to reflect each parent's direct expenditures on the child during their respective possession periods. This connection between possession time and support should be evaluated carefully when both issues are being negotiated simultaneously. Texas Family Code § 154.131.

How is child support calculated for a self-employed parent?

Self-employed parents may deduct costs of goods sold and legitimate business expenses from gross self-employment income to arrive at net income. However, courts scrutinize claimed deductions carefully. Personal expenses run through a business, overstated costs, retained earnings, and income from cash transactions may all be added back in. Tax returns, bank statements, business ledgers, payroll records, and expert accounting analysis are commonly used to establish accurate net income for self-employed parents. Texas Family Code § 154.065.

What if a parent is deliberately underemployed to avoid child support?

If a parent is voluntarily unemployed or underemployed, a court may calculate child support based on that parent's earning capacity rather than their actual reported income. This process is called income imputation. Courts evaluate earning capacity by considering the parent's work history, education, professional credentials, and current market wages for comparable work in the Dallas area. Evidence of bad-faith income reduction can support an imputed income finding. Texas Family Code § 154.066.

Can child support be modified in Texas?

Yes. A child support order may be modified if it has been three years since the order was established or last modified and the current amount differs by 20% or $100 from what the guidelines would now produce, or if there has been a material and substantial change in circumstances affecting the child or either parent. Common grounds include income changes, job loss, new children, or changes in the child's medical or educational needs. Texas Family Code § 156.401.

What happens if a parent stops paying child support in Texas?

Enforcement tools available include income withholding orders, driver's and professional license suspension, tax refund interception, bank account seizure, property liens, passport denial, credit reporting, and contempt of court proceedings which can result in fines or incarceration. The Texas Attorney General's Child Support Division can also assist with routine enforcement. For contested or stalled enforcement matters, private legal representation is often necessary to compel compliance effectively. Texas Family Code Chapter 157.

Can I get retroactive child support in Texas?

Yes. Courts may order retroactive child support for the period before a formal order was established. Courts consider whether the paying parent knew of their obligation, whether voluntary support was provided, and the paying parent's ability to pay during that period. Retroactive claims are time-sensitive and require careful documentation of the relevant history. Texas Family Code § 154.131.

When does child support end in Texas?

The duty to pay child support generally terminates when the child turns 18 years of age or graduates from high school, whichever occurs later. Support does not automatically terminate when a child reaches 18 if they are still enrolled in high school. Child support obligations may continue beyond age 18 when a child has a disability and requires substantial care and supervision due to a physical or mental disability that existed before age 18, if the disability is expected to be indefinite. Texas Family Code § 154.001 and § 154.302.

Do I need an attorney for a Texas child support case?

Child support disputes frequently involve complex income analysis, contested business finances, enforcement proceedings, or modification petitions that carry significant financial and legal consequences. An experienced Dallas child support attorney helps ensure the calculation is accurate, the order is properly drafted, and your rights are protected whether you are the paying or receiving parent. For straightforward cases involving two parents with regular W-2 income and uncontested amounts, the Texas Attorney General's Child Support Division offers free services. When income is disputed, contested, hidden, or complex, private representation makes a material difference to the outcome.

Child Support Lawyer Dallas | Dallas child support attorney

Q: How is child support calculated in Texas?

Texas child support is calculated based on a percentage of the paying parent's net monthly resources. Net resources are gross income minus social security taxes, federal income tax, union dues, and health insurance premiums paid for the child. Standard guideline percentages are 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more children. These percentages apply to the first $10,000 of net monthly resources, as updated effective September 1, 2023. Texas Family Code § 154.125 and § 154.062.

How Is Child Support Calculated in Texas?

The Short Answer: In Texas, child support is calculated based on the paying parent's net monthly resources under Texas Family Code § 154.125. Standard guideline percentages are 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more children. The calculation begins with gross income and subtracts specific allowable deductions to arrive at net resources. Courts may deviate from the guidelines when the facts justify a different amount. Child support and parenting time are separate determinations — a parent does not automatically pay less support simply because they have more parenting time, unless parents share substantially equal possession.

What Is Child Support in Texas?

Child support is a court-ordered financial obligation requiring one parent to contribute to the costs of raising their child after separation or divorce. In Texas, child support is governed by Chapter 154 of the Texas Family Code and is designed to ensure that both parents share responsibility for their child's financial needs regardless of which household the child primarily lives in.

Child support covers a child's basic living expenses — housing, food, clothing, and general care — but courts also address medical support, health insurance, and in some cases educational and childcare costs as separate add-ons to the base support amount.

Child support is established through a court order and is legally enforceable. Failure to pay can result in serious consequences including wage garnishment, license suspension, tax refund interception, and contempt of court. Our Dallas child support attorneys help parents on both sides of the equation — ensuring that support orders are accurate, fair, and enforceable from the start.

How Is Net Income Calculated for Child Support in Texas?

The starting point for any Texas child support calculation is the paying parent's net monthly resources, defined in Texas Family Code § 154.062. Net resources are calculated by taking the parent's gross income from all sources and subtracting:

Social security taxes
Federal income tax (based on the tax rate for a single person claiming one personal exemption and one exemption for the child)
State income tax (Texas has none)
Union dues
Health insurance premiums for the child

What counts as income under § 154.062 includes wages, salary, tips, overtime, commissions, bonuses, self-employment income, rental income, interest and dividends, trust income, certain disability and retirement benefits, and other recurring income sources. Courts look at actual economic resources, not just what appears on a pay stub.

The Texas Child Support Guidelines

Once net monthly resources are established, the guidelines in § 154.125 apply the following percentage schedule:

1 child: 20% of net monthly resources
2 children: 25%
3 children: 30%
4 children: 35%
5 or more children: 40% (or not less than the amount for 5 children if fewer than 5)

For example, a Dallas-area parent with net monthly resources of $8,000 would typically owe $1,600 per month for one child or $2,400 per month for three children under the guidelines.

The math:

$8,000 × 20% = $1,600 for one child
$8,000 × 30% = $2,400 for three children

These percentages apply to the first $10,000 of net monthly resources. This cap was updated effective September 1, 2023 (raised from $9,200 to $10,000) under House Bill 1786. For paying parents whose net resources exceed $10,000 per month, courts may order additional support above the cap if the child's proven needs justify it under § 154.126.

Estimate Your Texas Child Support

While every family’s situation is unique, it can help to get a general idea of what child support may look like in your case. The Texas Attorney General’s Office provides an online calculator to help parents estimate monthly child support based on income and number of children.

You can use the tool here:
Texas Child Support Calculator

Please remember, this calculator offers only a basic estimate. Many factors — such as healthcare costs, child care expenses, or self-employment income — can significantly affect the final court-ordered amount. Our Dallas child support attorneys can review your financial situation in detail and provide guidance tailored to your circumstances.

Can Courts Deviate From the Child Support Guidelines?

Yes. Under Texas Family Code § 154.123, a court may deviate from the guidelines if the evidence shows that the guideline amount would be unjust or inappropriate. This is true in high-net-worth or complex divorce cases. Factors a court may consider when departing from the guidelines include:

The age and needs of the child
Each parent's ability to contribute to the child's support
Net resources of each parent
Childcare expenses
Whether a parent has other children receiving support
Educational (including private school), medical, or psychological needs of the child
Travel expenses for possession and access
Any debts or obligations of either parent
Any other relevant factor the court determines to be applicable

Our attorneys are skilled at presenting the evidence needed to justify either applying the guidelines or seeking a deviation when the standard formula does not produce a fair result.

What Is Medical Support in Texas?

Child support and medical support are separate obligations in Texas. Under Texas Family Code § 154.182, the court must order medical support in addition to base child support. Medical support addresses:

Which parent must provide health insurance for the child
What happens when health insurance is not available at a reasonable cost
How unreimbursed medical expenses are divided between the parents

Courts typically assign health insurance to the parent who has access to reasonable coverage through an employer. If neither parent has access to reasonable coverage, the court may order cash medical support under § 154.182(b), which requires a monthly payment deposited into a medical savings account or the Medicaid account for the child.

Dental insurance for the child may also be addressed separately. These add-ons can significantly affect the total financial obligation beyond the base guideline amount.

How Does the Possession Schedule Affect Child Support?

Texas child support is not automatically reduced because a parent has more parenting time. The guideline percentages under § 154.125 apply regardless of how much time each parent spends with the child.

However, when parents have a substantially equal possession arrangement — typically defined as each parent having at least 243 days of possession per year — courts may consider an offset or adjustment to the base guideline amount under § 154.131. This reflects the fact that when both parents have roughly equal physical time with the child, each is directly paying for the child's daily expenses during their own possession periods.

This is an important point for parents negotiating both custody and support simultaneously. The connection between possession time and support obligations should be evaluated together, not separately.

How Is Child Support Calculated for Self-Employed Parents and Business Owners?

Self-employment and business ownership create some of the most complex child support disputes in Texas family law. Under Texas Family Code § 154.065, self-employed parents may deduct from gross self-employment income the costs of goods sold and legitimate business expenses — but not all claimed deductions survive court scrutiny.

Common issues in self-employed parent cases include:

Overstated business expenses that reduce reported income
Personal expenses run through the business
Cash income not reflected in tax returns
Income retained in the business entity rather than distributed as salary
Multiple related entities used to obscure true earnings

Our attorneys, working with forensic accountants when appropriate, examine tax returns, bank records, business ledgers, payroll records, and profit and loss statements to establish accurate income figures. The goal is to ensure the child support calculation reflects what a parent actually earns and controls — not just what they choose to report.

Child Support When a Parent Is Underemployed or Hiding Income

Under Texas Family Code § 154.066, if a parent is voluntarily unemployed or underemployed, a court may calculate child support based on that parent's earning capacity rather than their actual reported income. This process is called income imputation.

Courts evaluate earning capacity by considering:

The parent's work history and career trajectory
Education, training, and professional credentials
Current market wages for comparable work in the Dallas area
Whether the unemployment or underemployment appears deliberate or in bad faith

Warning signs that a parent may be underreporting or hiding income include sudden unexplained drops in earnings around the time of separation, frequent job changes, unusual business arrangements with family members or partners, and lifestyle inconsistent with reported income.

Our Dallas child support attorneys investigate these situations aggressively through discovery, subpoenas, depositions, and financial expert analysis when needed.

How to Modify Child Support in Texas

Child support orders are not permanent. Under Texas Family Code § 156.401, a court may modify a child support order if:

It has been three or more years since the order was established or last modified, and the monthly payment under the current order differs by either 20% or $100 from what the guidelines would now produce, OR
There has been a material and substantial change in circumstances of the child or either parent

Common reasons to seek a modification in child support include:

A significant increase or decrease in either parent's income
Job loss or involuntary change in employment
The child developing new medical, educational, or therapeutic needs
A change in the child's primary residence
The paying parent taking on additional children

Our attorneys act swiftly to file modification petitions when circumstances warrant, preventing arrears from accumulating and protecting our clients' financial and legal standing.

Retroactive Child Support in Texas

Texas courts may order retroactive child support under Texas Family Code § 154.131 for the period before a formal support order was established — commonly the period between a child's birth or the parents' separation and the entry of the first order. Courts consider:

Whether the paying parent was on notice of the child's existence and their obligation to pay
Whether support was voluntarily provided during that period
The paying parent's ability to pay during the retroactive period
Whether retroactive support would be inequitable under the circumstances

Retroactive child support claims are time-sensitive and evidence-intensive. Our attorneys help parents pursue every dollar legally owed to their children and also help paying parents respond fairly when retroactive claims are excessive or unreasonable.

Enforcing Child Support in Texas

When a parent fails to pay court-ordered child support, the Texas legal system provides powerful enforcement tools. Under Texas Family Code Chapter 157 and through the Texas Attorney General's Child Support Division, enforcement actions may include:

Wage garnishment and income withholding orders
Suspension of driver's license, professional license, or hunting and fishing licenses
Federal and state tax refund interception
Passport denial or revocation
Liens on property
Seizure of bank accounts
Contempt of court proceedings, which can result in fines or jail time
Reporting arrears to credit agencies

Our firm assists parents in enforcing existing orders when the other parent falls behind, recovering arrears with interest, and pursuing contempt actions when willful non-payment is clear. We also defend parents against enforcement actions that are based on inaccurate payment records or improper calculations.

Private Representation vs. the Texas Attorney General's Office — Understanding Your Options and What They Cost

Texas parents dealing with child support have two paths: the Texas Attorney General's Child Support Division, which provides services at no cost, or a private family law attorney. Both are legitimate options. They are not the same option.

The Texas Attorney General's Child Support Division handles establishing initial support orders, processing routine modifications through the state review and adjustment process, basic enforcement through income withholding, and collecting and distributing payments through the state disbursement unit. These services are free, and for straightforward cases — two parents with regular W-2 income, an uncontested support amount, and routine enforcement needs — the AG's office may be the right resource.

The AG represents the interests of the state and the child, not your individual interests. The office manages thousands of cases and is not structured to provide strategic, individualized advocacy. There are situations the AG's office is not equipped to handle effectively:

A parent who is self-employed, owns a business, or controls how their income is reported
Cases where you believe income is being hidden, understated, or run through a business entity
Situations requiring imputed income for a deliberately underemployed parent
Cases where the guideline amount should be adjusted up or down based on specific circumstances
Retroactive support claims requiring litigation and financial investigation
Enforcement that has stalled or failed through the AG's office and needs courtroom action — contempt proceedings, license suspension hearings, or judgment collection
High-income cases above the $10,000 cap where additional support requires proving the child's actual needs
Cases requiring customized order language that anticipates and prevents future disputes

Private representation at The Ashmore Law Firm is handled on a retainer basis. At the outset of your case, a retainer is collected — the amount depends on the nature and complexity of your matter — and attorney time is billed against that retainer as the case progresses. When the retainer balance is drawn down, monthly replenishments are required to keep the case moving forward. We accept payment by check or credit card.

The cost of your case depends on its complexity — how contested the income figures are, whether forensic accounting or expert analysis is needed, whether the matter resolves through negotiation or requires hearings and litigation. A straightforward modification of an uncontested order requires far fewer hours than a contested business-owner income dispute or an enforcement action requiring multiple court appearances. We are transparent about this from the start so you can make an informed decision about how to proceed.

We do not offer pro bono representation, income-based fee arrangements, or payment plans. We are a private law firm providing skilled, strategic family law advocacy for clients whose situations demand it. We are direct about this from the first conversation — because the right fit between client and attorney matters as much as anything else in a family law case.

If your situation is one the AG's office can handle effectively, we will tell you. If it is one where private representation will make a material difference to your outcome, we will explain exactly why and what that means for your case.

How The Ashmore Law Firm Handles Child Support in Dallas

Managing Attorney Gary Ashmore and the family law team at The Ashmore Law Firm have spent more than 30 years helping Dallas-area parents navigate child support matters — from straightforward guideline calculations to complex disputes involving business owners, high-income earners, hidden assets, and bad-faith underemployment. We represent fathers and mothers across Dallas, Highland Park, University Park, the Park Cities, East Dallas, Lakewood, Uptown, Plano, Frisco, and communities throughout Collin, Denton, Tarrant, Rockwall, and Ellis counties.

Our approach:

Accurate income analysis — We dig into the numbers, identify all income sources, challenge inflated deductions, and ensure the base calculation reflects financial reality.
Evidence-based advocacy — Whether investigating hidden income, preparing forensic accounting support, or deposing a self-employed parent, we build cases on verified facts.
Proactive modification and enforcement — We act quickly when circumstances change, protecting our clients from accumulating arrears and enforcing compliance when the other parent falls behind.
Durable agreements — We draft support orders that anticipate future disputes, eliminate ambiguity, and hold up over time.

Why Choose The Ashmore Law Firm in Dallas for Child Support Cases?

When it comes to protecting your children’s financial well-being, you deserve a law firm that combines compassion with experience and strength in negotiation and litigation.

Our Dallas family law team offers:

Over 30 years of experience handling complex child support matters in Dallas County
In-depth knowledge of the Texas Family Code and evolving child support guidelines
Proven results in uncovering hidden income and securing fair orders
Compassionate representation that prioritizes your children’s needs
A responsive approach to urgent modifications and enforcement

Contact Our Dallas Child Support Lawyers Today

Whether you’re a parent seeking to establish fair support, enforce an existing order, or defend against inaccurate claims, The Ashmore Law Firm is ready to help. We protect children’s financial futures and hold both parents accountable to their obligations under Texas law.

How Is Child Support Calculated in Texas? | Ashmore Law Dallas