Tex. Fam. Code § 154.121-154.127

TEXAS FAMILY CODE Chapter 154, Subchapter C — CHILD SUPPORT GUIDELINES CHAPTER 154 • CHILD SUPPORT Subchapter C: CHILD SUPPORT GUIDELINES Sec. 154.121. GUIDELINES FOR THE SUPPORT OF A CHILD. The child support guidelines in this subchapter are intended to guide the court in determining an equitable amount of child support. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 154.122. APPLICATION OF GUIDELINES REBUTTABLY PRESUMED IN BEST INTEREST OF CHILD. (a) The amount of a periodic child support payment established by the child support guidelines in effect in this state at the time of the hearing is presumed to be reasonable, and an order of support conforming to the guidelines is presumed to be in the best interest of the child. (b) A court may determine that the application of the guidelines would be unjust or inappropriate under the circumstances. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 154.123. ADDITIONAL FACTORS FOR COURT TO CONSIDER. (a) The court may order periodic child support payments in an amount other than that established by the guidelines if the evidence rebuts the presumption that application of the guidelines is in the best interest of the child and justifies a variance from the guidelines. (b) In determining whether application of the guidelines would be unjust or inappropriate under the circumstances, the court shall consider evidence of all relevant factors, including: (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 obligee's net resources, including the earning potential of the obligee if the actual income of the obligee is significantly less than w ssion of and access to a child; (5) the amount of the obligee's net resources, including the earning potential of the obligee if the actual income of the obligee is significantly less than what the obligee could earn because the obligee is intentionally unemployed or underemployed and including an increase or decrease in the income of the obligee or income that may be attributed to the property and assets of the obligee; (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 Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 154, Subchapter C — CHILD SUPPORT GUIDELINES (17) any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. 7) any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 154.124. AGREEMENT CONCERNING SUPPORT. (a) To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreement containing provisions for support of the child and for modification of the agreement, including variations from the child support guidelines provided by Subchapter C. (b) If the court finds that the agreement is in the child's best interest, the court shall render an order in accordance with the agreement. (c) Terms of the agreement pertaining to child support in the order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract. (d) If the court finds the agreement is not in the child's best interest, the court may request the parties to submit a revised agreement or the court may render an order for the support of the child. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2003, 78th Leg., ch. 480, Sec. 1, eff. Sept. 1, 2003. Sec. 154.125. APPLICATION OF GUIDELINES TO NET RESOURCES. (a) The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor's monthly net resources are not greater than the maximum amount of net resources to which the statutory guidelines are applicable, as most recently published by the Title IV-D agency in the Texas Register. (a-1) The amount prescribed by Subsection (a) is adjusted every six years as necessary to reflect inflation. The Title IV-D agency shall compute the adjusted amount, to take effect beginning September 1 of the year of the adjustment, based on the percentage change in the consumer price index during the 72-month period preceding March 1 of the year of the adjus , to take effect beginning September 1 of the year of the adjustment, based on the percentage change in the consumer price index during the 72-month period preceding March 1 of the year of the adjustment, as rounded to the nearest $50 increment. The Title IV-D agency shall publish the adjusted amount in the Texas Register before September 1 of the year in which the adjustment takes effect. For purposes of this subsection, "consumer price index" has the meaning assigned by Section 341.201, Finance Code. (b) If the obligor's monthly net resources are not greater than the amount described by Subsection (a) and the obligor's monthly net resources are equal to or greater than the amount described by Subsection (c), the court shall presumptively apply the following schedule in rendering the child support order: CHILD SUPPORT GUIDELINES BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR 1 child 20% of Obligor's Net Resources 2 children 25% of Obligor's Net Resources 3 children 30% of Obligor's Net Resources 4 children 35% of Obligor's Net Resources 5 children 40% of Obligor's Net Resources 6+ children Not less than the amount for 5 children (c) If the obligor's monthly net resources are less than $1,000, the court shall presumptively apply the following schedule in rendering the child support order: LOW-INCOME CHILD SUPPORT GUIDELINES BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR 1 child 15% of Obligor's Net Resources 2 children 20% of Obligor's Net Resources 3 children 25% of Obligor's Net Resources Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 154, Subchapter C — CHILD SUPPORT GUIDELINES 4 children 30% of Obligor's Net Resources 5 children 35% of Obligor's Net Resources 6+ children Not less than the amount for 5 children Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2007, 80th Leg., R.S., Ch. 620 (H.B. 448), Sec. 2, eff. Sep n6+ children Not less than the amount for 5 children Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2007, 80th Leg., R.S., Ch. 620 (H.B. 448), Sec. 2, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 5, eff. June 19, 2009. Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286), Sec. 4, eff. September 1, 2021. Sec. 154.126. APPLICATION OF GUIDELINES TO ADDITIONAL NET RESOURCES. (a) If the obligor's net resources exceed the amount provided by Section 154.125(a), the court shall presumptively apply the percentage guidelines to the portion of the obligor's net resources that does not exceed that amount. Without further reference to the percentage recommended by these guidelines, the court may order additional amounts of child support as appropriate, depending on the income of the parties and the proven needs of the child. (b) The proper calculation of a child support order that exceeds the presumptive amount established for the portion of the obligor's net resources provided by Section 154.125(a) requires that the entire amount of the presumptive award be subtracted from the proven total needs of the child. After the presumptive award is subtracted, the court shall allocate between the parties the responsibility to meet the additional needs of the child according to the circumstances of the parties. However, in no event may the obligor be required to pay more child support than the greater of the presumptive amount or the amount equal to 100 percent of the proven needs of the child. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2007, 80th Leg., R.S., Ch. 620 (H.B. 448), Sec. 3, eff. September 1, 2007. Sec. 154.127. PARTIAL TERMINATION OF SUPPORT OBLIGATION. (a) A child support order for more than one child shall provide that, on the termination of support for a child, the level of support for the remaining child or children is in accordance with th ON. (a) A child support order for more than one child shall provide that, on the termination of support for a child, the level of support for the remaining child or children is in accordance with the child support guidelines. (b) A child support order is in compliance with the requirement imposed by Subsection (a) if the order contains a provision that specifies: (1) the events, including a child reaching the age of 18 years or otherwise having the disabilities of minority removed, that have the effect of terminating the obligor's obligation to pay child support for that child; and (2) the reduced total amount that the obligor is required to pay each month after the occurrence of an event described by Subdivision (1). Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 10, eff. September 1, 2007. Sec. 154.128. COMPUTING SUPPORT FOR CHILDREN IN MORE THAN ONE HOUSEHOLD. (a) In applying the child support guidelines for an obligor who has children in more than one household, the court shall apply the percentage guidelines in this subchapter by making the following computation: (1) determine the amount of child support that would be ordered if all children whom the obligor has the legal duty to support lived in one household by applying the schedule in this subchapter; (2) compute a child support credit for the obligor's children who are not before the court by dividing the amount determined under Subdivision (1) by the total number of children whom the obligor is obligated to support and multiplying that number by the number of the obligor's children who are not before the court; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 154, Subchapter C — CHILD SUPPORT GUIDELINES (3) determine the adjusted net resources of the obligor by subtracting the child support credit computed under Subdivision (2 AS FAMILY CODE Chapter 154, Subchapter C — CHILD SUPPORT GUIDELINES (3) determine the adjusted net resources of the obligor by subtracting the child support credit computed under Subdivision (2) from the net resources of the obligor; and (4) determine the child support amount for the children before the court by applying the percentage guidelines for one household for the number of children of the obligor before the court to the obligor's adjusted net resources. (b) For the purpose of determining a child support credit, the total number of an obligor's children includes the children before the court for the establishment or modification of a support order and any other children, including children residing with the obligor, whom the obligor has the legal duty of support. (c) The child support credit with respect to children for whom the obligor is obligated by an order to pay support is computed, regardless of whether the obligor is delinquent in child support payments, without regard to the amount of the order. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 154.129. ALTERNATIVE METHOD OF COMPUTING SUPPORT FOR CHILDREN IN MORE THAN ONE HOUSEHOLD. (a) If the obligor's monthly net resources are not greater than the amount described by Section 154.125(a) and if the obligor's monthly net resources are equal to or greater than the amount described by Section 154.125(c), in lieu of performing the computation under the preceding section, the court may determine the child support amount for the children before the court by applying the percentages in the table below to the obligor's net resources: MULTIPLE FAMILY ADJUSTED GUIDELINES (% OF NET RESOURCES) Number of children before the court (b) If the obligor's monthly net resources are less than the amount described by Section 154.125(c), in lieu of performing the computation under the preceding section, the court may determine the child support amount for the children be urces are less than the amount described by Section 154.125(c), in lieu of performing the computation under the preceding section, the court may determine the child support amount for the children before the court by applying the percentages in the table below to the obligor's net resources: LOW-INCOME MULTIPLE FAMILY ADJUSTED GUIDELINES (% OF NET RESOURCES) Number of children before the court Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286), Sec. 5, eff. September 1, 2021. Sec. 154.130. FINDINGS IN CHILD SUPPORT ORDER. (a) Without regard to Rules 296 through 299, Texas Rules of Civil Procedure, in rendering an order of child support, the court shall make the findings required by Subsection (b) if: (1) a party files a written request with the court before the final order is signed, but not later than 20 days after the date of rendition of the order; (2) a party makes an oral request in open court during the hearing; or (3) the amount of child support ordered by the court varies from the amount computed by applying the percentage guidelines under Section 154.125 or 154.129, as applicable. (a-1) Repealed by Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 12(2), eff. September 1, 2017. (b) If findings are required by this section, the court shall state whether the application of the guidelines would be unjust or inappropriate and shall state the following in the child support order: "(1) the net resources of the obligor per month are $______; "(2) the net resources of the obligee per month are $______; "(3) the percentage applied to the obligor's net resources for child support is ______%; and Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 154, Subchapter C — CHILD SUPPORT GUIDELINES "(4) if applicable, the specific reasons that the amount of child support per month ordered by the co Page 4 --- TEXAS FAMILY CODE Chapter 154, Subchapter C — CHILD SUPPORT GUIDELINES "(4) if applicable, the specific reasons that the amount of child support per month ordered by the court varies from the amount computed by applying the percentage guidelines under Section 154.125 or 154.129, as applicable." (c) Findings under Subsection (b)(2) are required only if evidence of the monthly net resources of the obligee has been offered. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 8, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 620 (H.B. 448), Sec. 4, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 6, eff. June 19, 2009. Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 37, eff. June 19, 2009. Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 10, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 12(2), eff. September 1, 2017. Sec. 154.131. RETROACTIVE CHILD SUPPORT. (a) The child support guidelines are intended to guide the court in determining the amount of retroactive child support, if any, to be ordered. (b) In ordering retroactive child support, the court shall consider the net resources of the obligor during the relevant time period and whether: (1) the mother of the child had made any previous attempts to notify the obligor of his paternity or probable paternity; (2) the obligor had knowledge of his paternity or probable paternity; (3) the order of retroactive child support will impose an undue financial hardship on the obligor or the obligor's family; and (4) the obligor has provided actual support or other necessaries before the filing of the action. (c) It is presumed that a court order limiting the amount of retroactive child support to an amount that does not exceed the total amount of support that would have been due for the four years preceding the date the petition court order limiting the amount of retroactive child support to an amount that does not exceed the total amount of support that would have been due for the four years preceding the date the petition seeking support was filed is reasonable and in the best interest of the child. (d) The presumption created under this section may be rebutted by evidence that the obligor: (1) knew or should have known that the obligor was the father of the child for whom support is sought; and (2) sought to avoid the establishment of a support obligation to the child. (e) An order under this section limiting the amount of retroactive support does not constitute a variance from the guidelines requiring the court to make specific findings under Section 154.130. (f) Notwithstanding any other provision of this subtitle, the court retains jurisdiction to render an order for retroactive child support in a suit if a petition requesting retroactive child support is filed not later than the fourth anniversary of the date of the child's 18th birthday. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2001, 77th Leg., ch. 392, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 821, Sec. 2.14, eff. June 14, 2001; Acts 2001, 77th Leg., ch. 1023, Sec. 9, eff; Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 11(a), eff. September 1, 2007. Sec. 154.132. APPLICATION OF GUIDELINES TO CHILDREN OF CERTAIN DISABLED OBLIGORS. (a) In applying the child support guidelines for an obligor who has a disability and who is required to pay support for a child who receives periodic benefits as a result of the obligor's disability, the court shall apply the guidelines by determining the amount of child support that would be ordered under the child support guidelines and subtracting from that total the amount of benefits or the value of the benefits paid to or for the child as a result of the obligor's disability. Source: Texa der the child support guidelines and subtracting from that total the amount of benefits or the value of the benefits paid to or for the child as a result of the obligor's disability. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5 --- TEXAS FAMILY CODE Chapter 154, Subchapter C — CHILD SUPPORT GUIDELINES (b) If a child for whom the obligor owes child support receives a lump-sum payment as a result of the obligor's disability and that payment is made to the obligee as the representative payee of the child, the credit for the lump-sum payment must be applied as provided by Section 157.009. Added by Acts 1999, 76th Leg., ch. 891, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2023, 88th Leg., R.S., Ch. 151 (S.B. 869), Sec. 5, eff. September 1, 2023. Sec. 154.133. APPLICATION OF GUIDELINES TO CHILDREN OF OBLIGORS RECEIVING SOCIAL SECURITY. In applying the child support guidelines for an obligor who is receiving social security old age benefits and who is required to pay support for a child who receives benefits as a result of the obligor's receipt of social security old age benefits, the court shall apply the guidelines by determining the amount of child support that would be ordered under the child support guidelines and subtracting from that total the amount of benefits or the value of the benefits paid to or for the child as a result of the obligor's receipt of social security old age benefits. Added by Acts 2001, 77th Leg., ch. 544, Sec. 1, eff. Sept. 1, 2001. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 6