# Calculating Child Support in Texas | TadLaw **Table of Contents***[*Expand*]* 1. A Percentage Based on the Number of Children 2. How Is Net Income Determined? 3. What If a Parent Isn’t Currently Working? 4. These Are Only Guidelines - Contact a Divorce Lawyer for Help in Preparation for Divorce Under Texas law a non-custodial parent—that is, the parent who does not have physical custody of a child—may be ordered to make regular [child support payments](https://tadlaw.com/galveston-tx/child-support-lawyer/). Unlike many other states that employ fairly vague methodologies for determining how much support is in a child’s “best interests,” Texas employs a fairly straightforward set of [guidelines](https://tadlaw.com/houston-tx/child-custody-lawyer/) for calculating a non-custodial parent’s minimum [child support](https://tadlaw.com/houston-tx/family-law-lawyer/) payments. ## A Percentage Based on the Number of Children The basic rule in Texas is that child support should equal at least a certain percentage of the non-custodial parent’s net income. The exact percentage is based on the number of children who require support. For one child, the non-custodial parent is expected to pay at least 20 percent of net income. An addition 5 percent is added for each additional child: 25 percent for 2 children, 30 percent for 3 children, et cetera. For six or more children, the minimum percentage cannot fall below 40 percent. ## How Is Net Income Determined? The [Texas Family Code](https://statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm/) actually refers to “net resources,” which includes the non-custodial parent’s wages and salary, interest and investment income, self-employment income, net rental income, and retirement and pension benefits. Net resources excludes some forms of income, including principal or capital used to start a business, certain public assistance benefits, and payments received in connection with the foster care of a child. To calculate net resources, a judge will deduct certain items from all of the income described above. This includes normal payroll deductions such as income taxes and union dues. It also includes any court-ordered payments made for the benefit of a dependent child’s health care, such as insurance premiums. Net resources are usually calculated as an annual figure and then divided by 12 to determine the non-custodial parent’s monthly net resources. The percentages noted above are then applied to calculate the minimum child support obligation. Please note the percentages only apply to the first $7,500 of monthly net income. For a free legal consultation, call [(281) 280-0100](tel:+12812800100) today ## What If a Parent Isn’t Currently Working? Texas law does not absolve an unemployed parent of his or her duty to pay child support. To that end, a judge may “impute” a certain amount of income to a non-working parent based on an estimate of his or her earning potential. Imputed income is based on a number of factors, including the parent’s education and work history, but generally cannot fall below the minimum wage, which is currently $290 per week (40 hours per week at $7.25 per hour). ## These Are Only Guidelines – Contact a Divorce Lawyer for Help in Preparation for Divorce While Texas judges will follow the child support guidelines above in most cases involving separation, they are not fixed in stone. A court may deviate from the guidelines—ordering the non-custodial parent to pay higher or lower levels of support—depending on the facts of an individual case. An experienced [Galveston family law attorney](https://tadlaw.com/contact-us/) can assist you in these matters. [Contact](https://tadlaw.com/contact-us/) a Galveston divorce attorney at the Law Offices of Tad Nelson & Associates if you need help challenging or modifying a child support order today. Call or text [(281) 280-0100](tel:+12812800100) or fill out our [Free Case Evaluation Form](https://tadlaw.com/contact-us/) to get started Family Law Blog Posts: [Justice Roberts and Gay Marriage Family Law When the Washington, D.C., City Council passed a law last December allowing same-sex marriage in the District, the move came under almost...](https://tadlaw.com/blog/justice-roberts-and-gay-marriage/) [Texas Property Division Survey Family Law Texas is a community property state. 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