Child Support And Lower Incomes | Texas Law Help

There are different guidelines for calculating child support when payors (also known as obligors) have limited resources. Payors/obligors are the ones who pay the child support.

("Payor" is a commonly used spelling variation for "payer" in the context of legal issues.)

Page Sections

• Are there different child support guidelines if my income is low?
• What are the low-income child support guidelines?
• Example: Calculating child support for two children under low-income guidelines.
• Is there an online child support calculator?
• If the child support payor has a very low income, and children in more than one household, how do you calculate child support?
• What income is included when calculating guideline child support?
• Are the low-income guidelines always applied for child support?
• What isn't included in "monthly net resources"?
• Will the judge always order guideline child support?
• What if there is no evidence about the payor's income?

Are there different child support guidelines if my income is low?

Yes. As of September 1, 2021, there are different child support guidelines for people whose monthly net resources are less than $1,000. See Texas Family Code 154.125(c).

What are the low-income child support guidelines?

Under Texas law, child support is calculated as a percentage of monthly net resources—not a percentage of income.

In child support suits filed on or after September 1, 2021, a lower percentage of child support will be withheld if the noncustodial parent has $1,000 or less in monthly net resources.

See Texas Family Code chapter 154.125(c).

The amount of child support must be in the best interest of the child. Read Child Support in Texas for more details on how child support is ordered.

Example: Calculating child support for two children under low-income guidelines.

If a noncustodial parent’s average monthly net resources are $900, then guideline child support for two children would be $180 per month. Under the low-income child support guidelines, child support for two children would be 20%of the noncustodial parent’s average monthly net resources, and 20% of $900 is $180.

If you have more than one child together, the amount of child support ordered will “step down” as child support ends for each child. Using the same example, if you have two children, low-income guideline child support would step down from $180 per month (20% of $900) to $135 per month (15% of $900) when the oldest child turns 18 and graduates from high school.

See Texas Family Code 154.127.

Is there an online child support calculator?

You can use the Texas Attorney General Child Support Calculator to calculate child support. It will adjust for very low incomes.

If the child support payor has a very low income, and children in more than one household, how do you calculate child support?

In child support suits filed on or after September 1, 2021, different guidelines will apply if the noncustodial parent has children in other households, and the noncustodial parent's monthly net resources are less than $1,000.

What income is included when calculating guideline child support?

Guideline child support is calculated based on the net resources of the noncustodial parent. Net resources are not the same thing as take-home pay.

For child support purposes, net resources equals all money received by the noncustodial parent (see list of money included below) minus the following:

• Social Security taxes,
• Income taxes for a single person,
• The cost of health insurance, dental insurance, or cash medical support for the child (if paid by the noncustodial parent),
• Union dues, and
• Non-discretionary retirement contributions if the noncustodial parent does not pay social security taxes.

See Texas Family Code 154.062.

“Resources” is money from all sources, including

• Wages;
• Overtime;
• Tips;
• Bonuses;
• Dividend income;
• Self-employment income (including "gig economy" work such as driving for ride-sharing app, or delivery app, starting September 1, 2021);
• Severance pay;
• Retirement benefits;
• Pensions;
• Trust income;
• Annuities;
• Capital gains;
• Social Security benefits (other than SSI);
• Veterans disability benefits (other than non-service-connected disability pension benefits);
• Unemployment benefits;
• Disability and worker’s compensation benefits;
• Interest income;
• Gifts;
• Prizes; and
• Spousal maintenance and alimony.

"Resources" does not include SSI, return on principal or capital, accounts receivable, TANF, or payments received for foster care of a child.

When calculating child support, the noncustodial parent’s net resources are capped at $9,200 per month.

If the noncustodial parent earns more than $9,200 per month, the judge can order additional child support based on the income of the parties and the proven needs of the child. See Texas Family Code 154.125 and 154.126.

A judge cannot include the income of the noncustodial parent’s spouse when calculating child support. See Texas Family Code 154.069.

Are the low-income guidelines always applied for child support?

The court will presume that guideline child support is in the child's best interest. But, there are situations when the court can deviate from the guidelines.

Some of the factors that the court can consider include the age and needs of the child; the parents' ability to support the child; the child's expenses; what the custody and visitation setup is; travel expenses; etc. See Texas Family Code 154.123 for a longer list.

What isn't included in "monthly net resources"?

"Resources" are not: SSI, return on principal or capital, accounts receivable, TANF, or payments received for foster care of a child.

A judge cannot include the income of the noncustodial parent’s spouse when calculating child support. See Texas Family Code 154.069.

Will the judge always order guideline child support?

The judge will usually order guideline child support. But not always. A judge may consider other factors to determine if applying the guidelines would be unjust or inappropriate in a particular case. See Texas Family Code 154.122 and 154.123.

What if there is no evidence about the payor's income?

If there is no evidence about a party's resources, the court will consider relevant background circumstances regarding the obligor (person ordered to pay child support), such as the obligor's:

(A) assets;

(B) residence;

(C) employment;

(D) earnings history;

(E) job skills;

(F) educational attainment;

(G) literacy;

(H) age;

(I) health;

(J) criminal history;

(K) barriers to employment; and

(L) record of seeking work.

The court will also consider:

• job opportunities in the obligor's community;
• the prevailing wage in the obligor's community; and
• whether there are employers willing to hire the obligor.

Texas Family Code 154.0655(c).

• Print

Related Guides

Related Articles

• Child Support in Texas

  This article discusses child support in Texas, including how to get or change a child support order. Read More

• Child Support

  This article explains the basics of child support. Read More

• Changing a Custody, Visitation, or Child Support Order

  This article answers frequently asked questions about changing an existing custody, visitation, child support, medical support, or dental support o... Read More

Related Forms

Topics

• Child Support & Medical Support
• Child Custody & Visitation
• Divorce
• Paternity