Support in Texas (2026)

The Texas Percentage-of-Income Model

Texas is one of a small number of states that uses a percentage-of-income model rather than an income shares model for calculating child support. This approach is fundamentally different from what most states use and is one of the defining features of Texas family law.

Under the income shares model used by the majority of states, child support is based on the combined income of both parents and the estimated cost of raising a child. Texas takes a simpler approach: support is calculated as a flat percentage of only the noncustodial parent’s net resources — the custodial parent’s income is not part of the formula at all.

The guideline percentages set by Texas Family Code Section 154.125 are:

• 1 child: 20% of net resources
• 2 children: 25% of net resources
• 3 children: 30% of net resources
• 4 children: 35% of net resources
• 5 or more children: 40% of net resources

If the obligor (paying parent) also has children from another relationship, the percentages are adjusted downward under Section 154.129 to account for that additional obligation. For example, an obligor with one child before the court and one other child they are obligated to support would pay 17.5% rather than 20%.

This percentage-of-income approach means that in Texas, the calculation is more straightforward than in income shares states — but it also means that the obligor bears the full formula burden, regardless of how much the custodial parent earns. The simplicity of the model makes it easier to estimate support amounts, but disputes often arise over what counts as “net resources” and whether the guideline amount is appropriate for a particular family.

What Counts as Net Resources

Net resources under Texas law include virtually all income: wages, salary, commissions, overtime, tips, bonuses, dividend income, self-employment income, rental income, trust income, Social Security benefits, and retirement and pension income. From gross income, the following deductions are subtracted to arrive at net resources under Family Code Sections 154.061-154.069:

• Federal income taxes (based on the tax rate for a single person claiming one personal exemption and the standard deduction)
• State income taxes (not applicable in Texas, but relevant if the obligor earns income in another state)
• Social Security taxes (FICA)
• Union dues
• Health insurance premiums for the child

Notably, voluntary retirement contributions and many other elective payroll deductions are not subtracted.

The Net Resources Cap

Texas places a cap on the amount of net resources subject to the guideline percentages. Effective September 1, 2025, this cap is $11,700 per month (adjusted periodically by the legislature based on federal data). For a parent earning above the cap, the guideline percentage applies only to the first $11,700 of monthly net resources. The custodial parent can petition for additional support above the cap by proving the child’s needs require it, but the court has discretion in these cases.

You can estimate your potential obligation using our child support calculator.

Modifying Child Support in Texas

Either parent may file a motion to modify child support if there has been a material and substantial change in circumstances since the last order, or if it has been at least three years since the order was established or last modified and the current amount differs from the guideline by 20% or $100 per month, whichever is greater. This three-year automatic review provision under Family Code Section 156.401 is distinctive to Texas and provides a built-in mechanism for keeping support amounts current.

Common grounds for modification include job loss, a significant income change, a change in the child’s medical or educational needs, or a change in the custody arrangement.

Child support in Texas generally continues until the child turns 18 or graduates from high school, whichever occurs later, provided the child is enrolled in an accredited secondary school program. Support also terminates upon the child’s marriage, emancipation, or death.

Enforcement of Child Support Orders

Texas enforces child support aggressively through the Office of the Attorney General’s Child Support Division. Enforcement tools include:

• Income withholding from wages
• Interception of tax refunds, lottery winnings, and insurance settlements
• Suspension of driver’s, professional, and recreational licenses
• Liens on property and financial accounts
• Contempt of court, which can lead to fines and up to six months in jail per violation
• Credit bureau reporting of delinquent accounts
• Posting of delinquent obligors on a public “most wanted” list maintained by the Attorney General

Unpaid support becomes a judgment by operation of law, and arrears accrue 6% annual interest.

Spousal Maintenance (Alimony) in Texas

Texas is one of the more restrictive states when it comes to spousal support. The state calls it spousal maintenance and limits both eligibility and duration more tightly than most jurisdictions.

To qualify for court-ordered spousal maintenance under Family Code Section 8.051, the requesting spouse must demonstrate that they will lack sufficient property and income to provide for their minimum reasonable needs after divorce, and they must meet at least one of the following conditions:

• The marriage lasted 10 years or longer, and the spouse has exercised diligence in earning sufficient income or developing necessary skills during the divorce proceedings
• The spouse is unable to earn sufficient income due to a physical or mental disability
• The spouse is the custodian of a child who requires substantial care due to a physical or mental disability
• The paying spouse was convicted of or received deferred adjudication for family violence within two years of the divorce filing or during the divorce proceedings

Limits on Spousal Maintenance

Even when maintenance is awarded, Texas law caps it under Family Code Section 8.054 at the lesser of $5,000 per month or 20% of the payor’s average monthly gross income. Duration is also limited by statute:

• Up to 5 years if the marriage lasted between 10 and 20 years
• Up to 7 years if the marriage lasted between 20 and 30 years
• Up to 10 years if the marriage lasted 30 years or longer
• If maintenance is based on family violence, the maximum duration is 5 years regardless of marriage length
• If maintenance is based on disability, there is no fixed duration, but the court reviews it periodically

These caps make Texas one of the least generous states for spousal support. Courts also expect the receiving spouse to make a good-faith effort to become self-supporting, and maintenance can be terminated if that effort is not demonstrated.

Contractual Alimony as an Alternative

Because court-ordered maintenance is so limited, many Texas divorces include contractual alimony — a negotiated agreement between the spouses that is not bound by the statutory caps. Contractual alimony can be for any amount and any duration the parties agree to. However, it is enforceable as a contract, not as a court order, which means the remedy for nonpayment is a breach-of-contract lawsuit rather than contempt of court.

When to Seek Legal Guidance

Texas child support calculations are relatively straightforward below the net resources cap, but cases involving high income, self-employment, or multiple families can become complicated quickly. Spousal maintenance eligibility is narrow, and understanding the difference between court-ordered maintenance and contractual alimony is critical to protecting your financial interests. If you have questions about your specific situation, consider scheduling a free consultation with a family law professional.

Statutes referenced: Texas Family Code Sections 154.001-154.309 (child support), Sections 8.001-8.059 (spousal maintenance).

Frequently Asked Questions

What child support model does Texas use?

Texas uses a percentage-of-income model, not income shares. Under Texas Family Code Section 154.125, support is calculated as a flat percentage of the noncustodial parent’s net resources: 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more. The custodial parent’s income does not factor into the guideline formula.

Is there a cap on child support in Texas?

Yes. The guideline percentages apply only to the first $11,700 per month in net resources (updated effective September 1, 2025). For income above the cap, the custodial parent must petition for additional support by proving the child’s needs require it.

Until what age does child support last in Texas?

Child support generally continues until the child turns 18 or graduates from high school, whichever occurs later, provided the child is enrolled in an accredited secondary school. Unpaid support becomes a judgment by operation of law and accrues 6% annual interest.

What is contractual alimony in Texas?

Because court-ordered spousal maintenance is limited by strict eligibility requirements and caps, many Texas divorces include contractual alimony — a negotiated agreement not bound by statutory caps. It can be for any amount and duration the parties agree to, but the remedy for nonpayment is a breach-of-contract lawsuit rather than contempt of court.

How does the three-year review provision work for Texas child support?

Under Family Code Section 156.401, either parent can request a modification after three years if the current support amount differs from the guideline by at least 20% or $100 per month. This provision allows for periodic adjustment without requiring proof of a material and substantial change in circumstances — the passage of time and deviation from the guideline is sufficient grounds.

What happens if the obligor is self-employed?

Self-employment income is included in net resources, but calculating it can be more complex. The court looks at business income minus ordinary and necessary business expenses. Courts may scrutinize deductions that appear excessive or personal in nature. If a self-employed parent’s income is difficult to determine, the court may impute income based on earning capacity, industry standards, or prior earnings history.

How This Guide Was Researched

This guide is based on Texas Family Code Sections 154.001-154.309 (child support guidelines), Sections 154.061-154.069 (net resources definition), Section 154.125 (guideline percentages), Section 154.129 (multiple family adjustments), and Sections 8.001-8.055 (spousal maintenance). The net resources cap was verified against the September 2025 legislative update. Enforcement procedures were confirmed against published resources from the Texas Attorney General’s Child Support Division. The three-year review provision was verified against Section 156.401 as currently enacted.

Sources and Legal References

This guide is based on publicly available legal information and official sources, including:

• Texas Family Code §§ 154.001-154.309 (child support), § 154.125 (guideline percentages), §§ 154.061-154.069 (net resources definition)
• Texas Family Code § 154.129 (multiple family adjustments), § 156.401 (three-year review provision for modification)
• Texas Family Code §§ 8.001-8.055 (spousal maintenance eligibility, duration, and amount limitations)
• Texas Attorney General’s Office Child Support Division published guidelines and enforcement procedures

Official Texas Resources

• Texas Law Help — Family, Divorce & Children
• Texas Attorney General — Child Support Division
• Texas Courts — Self-Represented Litigants
• Texas State Law Library — Divorce Guide

Additional Texas Resources

• Wilcox Family Law — Resources

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

Learn more about related family law topics:

• Child Support Modification in Texas
• Spousal Maintenance Eligibility in Texas
• Divorce in Texas
• Child custody in Texas
• How child support is calculated
• Child support enforcement
• Modifying child support
• Child support calculator