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Under Texas law, child support is governed by Chapter 154 of the Texas Family Code. Searching on the internet, hundreds of websites spit out the usual language:

1 child = 20% of Net Monthly Income

2 children = 25% of Net Monthly Income

3 children = 30% of Net Monthly Income

4 Children =35% of Net Monthly Income

5 Children = 40% of Net Monthly Income

6 Children  = no less than 40% of Net Monthly Income

But that is not the end of the inquiry although lots of lawyers stop there.


Frequently the evidence rebuts the presumption that these amounts are in the best interest of the child (children) and a further inquiry is necessary. The court may further inquire into the following:

(1) the age and needs of the child;

(2) the ability of the parents to contribute to the support of the child;

(3) any financial resources available for the support of the child;

(4) the amount of time of possession of and access to a child;

(5) the amount of the payor's net resources, including the earning potential of the payor if the actual income of the payor is significantly less than what the payor could earn because the payor is intentionally unemployed or underemployed and including an increase or decrease in the income of the payor or income that may be attributed to the property and assets of the payor;

(6) child care expenses incurred by either party in order to maintain gainful employment;

(7) whether either party has the managing conservatorship or actual physical custody of another child;

(8) the amount of alimony or spousal maintenance actually and currently being paid or received by a party;

(9) the expenses for a son or daughter for education beyond secondary school;

(10) whether the obligor or obligee has an automobile, housing, or other benefits furnished by his or her employer, another person, or a business entity;

(11) the amount of other deductions from the wage or salary income and from other compensation for personal services of the parties;

(12) provision for health care insurance and payment of uninsured medical expenses;

(13) special or extraordinary educational, health care, or other expenses of the parties or of the child;

(14) the cost of travel in order to exercise possession of and access to a child;

(15) positive or negative cash flow from any real and personal property and assets, including a business and investments;

(16) debts or debt service assumed by either party; and

(17) any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents.

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