How Is Child Support Determined in a Divorce?

If you are planning on getting a divorce in Texas, many of your concerns and questions are about the wellbeing of your children. When it comes to child support, there is no cookie-cutter answer that applies to how much it will cost and how often a parent will have to pay. Factors of each divorce are unique and different from another divorce, which means child support has to be calculated and determined on a case by case basis. Despite its subjective nature, our divorce attorney at Friday Milner Lambert Turner, PLLC has compiled a set of factors that could determine the outcome of your filing.

What Things Will the Court Consider

When it comes to child support, the judge will consider multiple factors when making a final decision. Above all, the judge will rule in favor of what is best for the child, despite what the parents may want.

These factors include:

  • Child’s age and needs
  • Parent’s ability to contribute to child support
  • Child care expenses
  • Amount of spousal support being paid
  • Educational expenses
  • Employee benefits of either parent
  • Health care for the child
  • Travel expenses for visitation
  • Income of the parent paying support

Find out more about child support guidelines here!

Child Support Based on Income

Most parents will end up paying a percentage of their net income. Net income is calculated after basic deductions for federal income tax, Medicare, and Social Security and the percentage typically increases with the number of children that the support will sustain.

A parent paying child support will typically follow this formula of percentage of net income:

  • 20% for 1 child
  • 25% for 2 children
  • 30% for 3 children
  • 35% for 4 children
  • 40% for 5 children
  • No less than 40% for 6 or more children

However, the court understands that things happen and your circumstances could change. If you are ever in a position where you can no longer pay your child support due to a loss in income or unemployment, you can petition to have the support modified.

To learn more about child support in Texas, contact our divorce attorney at Friday Milner Lambert Turner, PLLC!


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