Additional Child Support Guideline Focus 

What Can The Judge Consider When Setting Child Support Above Or Below Guidelines?



Texas child support guidelines have a maximum cap on the amount of monthly net income upon which child support may be calculated.  Every six (6) years the Texas legislature adjusts the cap on that monthly net income cap to adjust for the amount for inflation.  Currently, as of September 1, 2019 if your average net monthly resources are $9200 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 in our Child Support Calculation Table to determine your child support due or owed. 

A judge may adjust child support up or down from the presumptive amount under the Texas child support guidelines depending on:

• The age of the child;
• The proven needs of the child (e.g. medical, health or educational expenses beyond secondary school);
• Child care expenses necessary to remain employed;
• Provisions for health insurance and out of pocket medical; 
• Each party's period of possession or access to the child;
• Each parent's respective ability to contribute to the child's support;
• Intentionally unemployed or underemployed of a parent;
• Corporate perks and benefits (e.g. Per Diem, car payments, house payments, or other benefits); 
• Paycheck deductions and Paycheck bonuses; 
• Cash flow from any real or personal property investments;
• Debts assumed by either party; 
• Spousal maintenance; and
• Any other reason consistent with child's best interest.

What Can The Judge Not Consider In Setting Child Support?

The judge is not allowed to consider these factors when determining child support in Texas: 

• a history of voluntary payment above the guidelines amount (e.g. extra gifts, extra clothing, extra food, or extra payments made to support the child, etc.);
• the sex of a parent or child; 
• the marriage or new spouse of the person paying the child support; or
• the marriage or new spouse of the person paying the receiving child support.