How to Calculate Texas Child Support 

ALL CALCULATIONS ARE BASED ON MONTHLY INCOME

First you determine the disposable earnings of the person who will not have the child(ren) living with him or her that are subject to withholding for child support. Add up all of the non-custodial parent's earnings, including all wages, salaries, overtime pay, severance pay, commissions, bonuses, tips, retirement benefits, pensions, annuities, workers compensation benefits, disability benefits and unemployment benefits. Then deduct the following to determine disposable earnings from which child support will be calculated:

Federal Income Tax based on the tax rate for a single person claiming 1 personal exemption and the standard deduction, Social Security Tax, Union Dues, Retirement Contributions if they are mandatory contributions only, the cost of health and dental insurance for the children only, Railroad Retirement Act contributions, and State Income Tax (if any). You can get the tax. information from the IRS.

Next take this disposable earnings amount for the month and multiply it by 20% for 1 child, 25% for 2 children, 30% for 3 children, 35% for 4 children, and 40% for 5 children. This gives you the amount of monthly child support that must be paid under Texas law. Fill in the appropriate amounts in the "Final Decree of Divorce" and the "Employer's Order to Withhold Earnings for Child Support."

If the person paying the child support has other children from another marriage or relationship that he or she is currently paying child support for, the percentages above change as to how much child support must be paid in this divorce case.

If the person paying child support in this divorce has 1 child he or she is already paying child support for, then in this divorce he or she would have to pay 17.5% for 1 child, 22.50% for 2 children, 27.38% for 3 children, 32.20% for 4 children, and 37.33% for 5 children.

If the person paying child support in this divorce has 2 children he or she is already paying child support for, then in this divorce he or she would have to pay 16% for 1 child, 20.63% for 2 children, 25.20% for 3 children, 30.33% for 4 children, and 35.43% for 5 children.

If the person paying child support in this divorce has 3 children he or she is already paying child support for, then in this divorce he or she would have to pay 14.75% for 1 child, 19% for 2 children, 24% for 3 children, 29% for 4 children, and 34% for 5 children.

If the person paying child support in this divorce has 4 children he or she is already paying child support for, then in this divorce he or she would have to pay 13.6% for 1 child, 18.33% for 2 children, 23.14% for 3 children, 28% for 4 children, and 32.89% for 5 children.

If the person paying child support in this divorce has 5 children he or she is already paying child support for, then in this divorce he or she would have to pay 13.33% for 1 child, 17.86% for 2 children, 22.50% for 3 children, 27.22% for 4 children, and 32% for 5 children.

SimpleLaw's Question and Answer Texas Uncontested Divorce includes a child support calculator. 

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