Texas Child Support Laws & Tax Charts

ARTICLE 1: TEXAS CHILD SUPPORT LAWS AND TAX CHARTS

Texas statutes allow the use of percentages to determine the amount of child support you will pay. The following are some of the statutes that attorneys and judges use to determine child support: (To find all the statutes regarding child support, link on to FAMILY CODE CHAPTER 154. CHILD SUPPORT).

§ 154.011. SUPPORT NOT CONDITIONED ON POSSESSION OR ACCESS.
A court may not render an order that conditions the payment of child support on whether a managing conservator allows a possessory conservator to have possession of or access to a child.

TEXAS FAMILY CODE 154.001. SUPPORT OF CHILD.
(a) The court may order either or both parents to support a child in the manner specified by the order:
(1) until the child is 18 years of age or until graduation from high school, whichever occurs later;
(2) until the child is emancipated through marriage, through removal of the disabilities of minority by court order, or by other operation of law;
(3) until the death of the child; or
(4) if the child is disabled . . . , for an indefinite period.
(b) The court may order either or both parents to make periodic payments for the support of a child in a proceeding in which the Department of Protective and Regulatory Services is named temporary managing conservator. In a proceeding in which the Department of Protective and Regulatory Services is named permanent managing conservator of a child whose parents’ have not been terminated, the court shall order each parent that is financially able to make periodic payments for the support of the child.
(c) In a Title IV-D case [Attorney General], if neither parent has physical possession or conservatorship of the child, the court may render an order providing that a nonparent or agency having physical possession may receive, hold, or disburse child support payments for the benefit of the child.

§ 154.002. CHILD SUPPORT THROUGH HIGH SCHOOL GRADUATION.
(a) The court may render an original support order, or modify an existing order, providing child support past the 18th birthday of the child to be paid only if the child is:
(1) enrolled:
(A) under Chapter 25, Education Code, in an accredited secondary school in a program leading toward a high school diploma;
(B) under Section 130.008, Education Code, in courses for joint high school and junior college credit; or
(C) on a full-time basis in a private secondary school in a program leading toward a high school diploma; and
(2) complying with:
(A) the minimum attendance requirements of Subchapter C, Chapter 25, Education Code; or
(B) the minimum attendance requirements imposed by the school in which the child is enrolled, if the child is enrolled in a private secondary school.
(b) The request for a support order through high school graduation may be filed before or after the child’s 18th birthday.
(c) The order for periodic support may provide that payments continue through the end of the month in which the child graduates.

IF YOU HAVE MORE THAN ONE CHILD YOU ARE OR WILL BE SUPPORTING:
If you have more than one child who is receiving or should be receiving support from you, the following chart gives the percentages of your net resources used to determine the amount of child support you should pay. This chart does not take into consideration children from another party, but only takes into consideration the amount of child support you should pay if you have the number of children in the chart with one partner.

1 child 20% of Obligor’s Net Resources
2 children 25% of Obligor’s Net Resources
3 children 30% of Obligor’s Net Resources
4 children 35% of Obligor’s Net Resources
5 children 40% of Obligor’s Net Resources
6 or more children Not less than 40%

The following chart is the chart used by judges and attorneys to determine your child support amount if you have children with more than one partner.

MULTIPLE FAMILY ADJUSTED GUIDELINES
(% OF NET RESOURCES)

Number of children before the Court
1 2 3 4 5 6 7
Number of 0 20.00 25.00 30.00 35.00 40.00 40.00 40.00
other 1 17.50 22.50 27.38 32.20 37.33 37.71 38.00
children for 2 16.00 20.63 25.20 30.33 35.43 36.00 36.44
whom the 3 14.75 19.00 24.00 29.00 34.00 34.67 35.20
obligor 4 13.60 18.33 23.14 28.00 32.89 33.60 34.18
has a 5 13.33 17.86 22.50 27.22 32.00 32.73 33.33
duty of 6 13.14 17.50 22.00 26.60 31.27 32.00 32.62
support 7 13.00 17.22 21.60 26.09 30.67 31.38 32.00
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