Does Texas Child Support Max Out? In fact, it does so when the amount of “net resources” exceeds $ 7,500 per month. The actual amount of support paid depends on the percentage that is applied to net resources.
The amount of child support in Texas depends largely on the amount of taxes that a debtor (the person who pays the child support) must pay. To calculate child support, we first add all of the debtor’s income, then subtract the debtor’s social security taxes; federal income taxes based on single filing status, a one-time exemption, and the standard deduction; plus the cost of health insurance for children up to 9% of gross annual income. Other deductions are state income tax, but Texas has no state income tax. We also deduct any union owed.
After making these deductions, we have calculated “net resources.” Net resources are capped at $ 7,500. Regardless of additional deductions for health insurance or union dues, an employed person making $ 10,082.06 or more per month is at the maximum. A self-employed person earning $ 10,793.19 or more per month is maxed out.
The actual amount of child support paid is based on a percentage of net resources. So what are the percentages?
If the debtor has no other children outside of this marriage or relationship that the court orders him to maintain, the percentages of the net resources are:
- 20% for a child
- 25% for two children
- 30% for three children
- 35% for four children
- 40% for five children or more
Texas Fam. Code § 154.125.
So if the debtor is maxed out – in other words, his net resources are at the “cap” amount of $ 7,500 – and there are five children, the debtor will pay $ 3,000 per month.
If there are other children that the debtor has a court order to uphold, the percentages change, depending on how many children there are outside of the marriage or relationship. Section 154.129 of the Texas Family Code contains a table showing the percentages by the number of children before the court and others. The lowest percentage is 13% for when there is a child in court but there are seven children out of wedlock or relationship.
So what is the maximum alimony payable? If there is only one family, then the maximum amount is $ 3,000 if there are five or more children. The amount is less if the debtor is already paying court-ordered support for children from a previous relationship. But it is possible that the total amount of support ordered, that is, the amount already paid for children from a previous relationship plus the amount to be paid in the current divorce or paternity proceedings, exceeds $ 3,000. A debtor does not automatically get a deduction for support that is already being paid.