Which state has higher child support? Texas, New York and Virginia (2026)
No state is always higher: it depends on the family. Texas takes a percentage of the paying parent's net income, New York a percentage of both parents' combined income split by income share, and Virginia uses an income shares schedule with a shared custody formula. For two children with incomes of $4,000 and $6,000 a month, the guideline is $1,239.21 in Texas, $1,385.25 in New York and $1,094.40 in Virginia.
Which state has higher child support?
It depends on the family. The same two children, with the parent they live with earning $4,000 a month and the other parent earning the amounts in the first column, under each state’s guideline with no shared custody or extra costs:
| Other parent's income a month | Texas | New York | Virginia |
|---|---|---|---|
| $2,000 | $445.29 | $51.50 | $496.33 |
| $4,000 | $848.92 | $923.50 | $821.00 |
| $6,000 | $1,239.21 | $1,385.25 | $1,094.40 |
| $9,000 | $1,766.83 | $2,077.88 | $1,510.62 |
| $12,000 | $2,285.21 | $2,770.50 | $1,838.25 |
| $20,000 | $2,925.00 | $3,358.37 | $2,699.17 |
| $40,000 | $2,925.00 | $3,666.78 | $4,402.73 |
At middle incomes New York tends to be highest for this family and Virginia lowest. At the top, Texas stops at its cap on net income, New York stops applying its percentage automatically at its combined income cap, and Virginia keeps going.
How do the three states calculate child support?
| Texas | New York | Virginia | |
|---|---|---|---|
| Model | Percentage of the paying parent’s income | Percentage of combined income, split by income share | Income shares schedule |
| Income used | Paying parent’s net resources, after federal income tax, Social Security and Medicare | Both parents’ gross income minus Social Security and Medicare | Both parents’ gross income |
| Two children | 25% | 25% | From the schedule |
| Cap | $11,700 a month of net income | $193,000 a year of combined income | None |
| Custody time in the formula | No | No | Above 90 days a year |
| Child care added | No | Yes | Yes |
| Law | Texas Family Code ch. 154 | Family Court Act § 413 | Code of Virginia § 20-108.2 |
The models themselves are explained in income shares vs percentage of income, and each state’s steps in how child support is calculated.
Which situations make the states differ most?
Six situations account for most of the difference:
- Custody time. Only Virginia’s formula uses the days with each parent. In Texas, possession and access time is a factor a court can consider to depart from the guideline (Texas Family Code § 154.123), and New York’s statute has no shared custody formula.
- The other parent’s income. Texas ignores it. Virginia uses it every time.
- Child care. New York and Virginia add work related child care and split it by income; the Texas guideline does not add it.
- High incomes. Texas and New York have caps; Virginia does not.
- Low incomes. New York’s low income rules can bring the basic amount down to a small fixed sum; Texas lowers its percentages; Virginia uses the bottom of its schedule.
- How long support lasts. To 21 in New York; to 18 or high school graduation in Texas and Virginia, with different rules for students.
With shared custody the gap can be large. The same two children at 182 days a year with the other parent:
| State | Guideline model | Support a month | Paid by |
|---|---|---|---|
| Texas | Percentage of net resources | $1,239.21 | the other parent |
| New York | Combined income, up to a cap | $1,385.25 | the other parent |
| Virginia | Income shares | $258.86 | the other parent |
And with $1,000 a month of child care paid by the parent the children live with:
| State | Guideline model | Support a month | Paid by |
|---|---|---|---|
| Texas | Percentage of net resources | $1,239.21 | the other parent |
| New York | Combined income, up to a cap | $1,985.25 | the other parent |
| Virginia | Income shares | $1,694.40 | the other parent |
Which comparison fits a family?
- Texas vs New York: child care and low incomes make the biggest difference.
- Texas vs Virginia: custody time and the other parent’s income make the biggest difference.
- New York vs Virginia: caps, child care and how long support lasts make the biggest difference.
Which state’s order applies when parents live in different states?
The comparisons here show what each state’s formula gives for the same family. Which state can set or change an order when parents live apart is a separate legal question, covered in moving to another state and parents in different states.
What these comparisons do not cover
They compare guideline amounts only. Courts in every state can order a different amount, and each state has rules the calculator does not model, listed on each state’s guide. The figures are estimates, not legal advice.
Comparisons
- Texas vs New York child support: which state is higher? (2026)For a typical middle income family New York's guideline is higher than Texas's. For two children and a paying parent earning $6,000 a month, it is $1,385.25 in New York and $1,239.21 in Texas, and the gap widens when there is child care, which New York adds and Texas does not. At low incomes the order flips: New York's low income rules can bring support far below the Texas amount.
- Texas vs Virginia child support: which state is higher? (2026)It depends mostly on two things: the income of the parent the children live with, and custody time. Texas looks only at the paying parent's net income, so for two children and a paying parent earning $6,000 a month it is $1,239.21 whatever the other parent earns. Virginia uses both incomes and is $1,094.40 when the other parent earns $4,000, and $258.86 with 182 days a year of shared time. When the parent the children live with has no income, or at very high incomes, Virginia can be higher.
- New York vs Virginia child support: which state is higher? (2026)For most middle income families New York's guideline is higher. For two children with incomes of $4,000 and $6,000 a month it is $1,385.25 in New York and $1,094.40 in Virginia, and New York support runs to 21 rather than 18. Virginia can come out lower still with shared custody, which its formula uses and New York's does not, while at very high incomes Virginia, which has no cap, can be higher.
Run your own numbers
Enter your family's numbers and see the guideline amount with every step of the formula and the law behind it.
Questions
Which state has the highest child support, Texas, New York or Virginia?
None is highest for every family. In the two children example on this page, New York is highest at $1,385.25, but with shared custody Virginia drops well below both, and at very high incomes Virginia, which has no cap, can be the highest.
Why do states calculate child support differently?
Each state writes its own guideline under federal rules. Texas uses a percentage of the paying parent's income, New York a percentage of combined income, and Virginia an income shares schedule, so the same family can get different results.
Does the other parent's income matter in every state?
No. Texas uses only the paying parent's income. In New York, below the cap, the basic amount works out to a percentage of the paying parent's own income, so the other income matters mainly for added costs. Virginia uses both incomes in every case.
Which state's guideline applies when parents live in different states?
That is a question of jurisdiction, not of the formulas compared here. It is covered in the guides on moving to another state and on parents in different states.
Sources
- Texas Family Code chapter 154, Child support
- New York Family Court Act § 413, Parents' duty to support child
- Code of Virginia § 20-108.2, Guideline for determination of child or spousal support
- Code of Virginia § 20-124.2, Court-ordered custody and visitation arrangements
- Figures on this page are computed by the Coparent Math engine with Virginia, Texas and New York's rules in force on 2 Nov 2026 unless a table says otherwise, from:
- Code of Virginia § 20-108.2, checked 2 Nov 2026
- 2025 Acts of Assembly, Chapter 702 (SB 805), chaptered text, checked 2 Nov 2026
- Child Support Guidelines Review Panel, Review of Virginia's Child Support Guidelines (RD397, December 2013): Key Changes (1) and Appendix C, checked 2 Nov 2026
- Texas Family Code chapter 154, checked 2 Nov 2026
- Texas OAG revised 2025 tax charts (standard deduction and brackets used), checked 31 Oct 2026
- IRS Rev. Proc. 2025-32 (2026 inflation adjustments), checked 31 Oct 2026
- Social Security Administration: contribution and benefit base, and OASDI and HI tax rates, checked 31 Oct 2026
- Texas OAG 2026 tax charts (net resources cap effective 1 September 2025, in the chart's footnotes), checked 31 Oct 2026
- NY Family Court Act § 413, checked 2 Nov 2026
- NY Domestic Relations Law § 240(1-b), checked 2 Nov 2026
- NY Family Court Act § 416, checked 2 Nov 2026
- NY Courts, CourtHelp: Child Support (who is the custodial parent), checked 2 Nov 2026
- Bast v. Rossoff, 91 N.Y.2d 723, 728 (Court of Appeals 1998), checked 2 Nov 2026
- Baraby v. Baraby, 250 A.D.2d 201, 204 (3d Dept 1998), checked 2 Nov 2026
- Barr v. Cannata, 57 A.D.3d 813, 2008 NY Slip Op 10109 (2d Dept 2008), checked 2 Nov 2026
- Matter of Carlino v. Carlino, 277 A.D.2d 897 (4th Dept 2000), checked 2 Nov 2026
- Rubin v. Della Salla, 107 A.D.3d 60 (1st Dept 2013), checked 2 Nov 2026
- NY Courts: what's new in matrimonial legislation (cap raised from $183,000 to $193,000), checked 31 Oct 2026
- NY OTDA Child Support Standards Chart, LDSS-4515 (Rev. 03/26), checked 31 Oct 2026
- NY OTDA Child Support Standards Chart, LDSS-4515 (Rev. 03/25), archived copy, checked 2 Nov 2026
- HHS ASPE 2025 poverty guidelines, checked 31 Oct 2026
Related guides
Other hubs
- New York child support: how the guideline works (2026)New York sets child support with the Child Support Standards Act: a fixed percentage of both parents' combined income, after certain deductions, up to $193,000 a year, shared between the parents in proportion to their incomes. The other parent pays their share to the parent the children live with most, plus a share of child care and health costs, and a court may depart from that amount only for reasons the law lists.
- Texas child support guidelines (2026)Texas child support is a percentage of the paying parent's monthly net resources: 20% for one child, 25% for two, rising to 40% for five or more, applied to net resources up to $11,700 a month. Net resources are income after federal income tax, Social Security, Medicare and a few other deductions. Medical and dental support for the children is ordered on top.
- Virginia child support: the guideline from start to finish (2026)Virginia uses an income shares guideline. Both parents' monthly gross incomes are added, the schedule in Code of Virginia § 20-108.2 gives the basic amount for that income and number of children, the children's health insurance and work related child care are added, and the total is split by each parent's share of income. A shared custody formula applies above 90 days a year with each parent, and a court can order a different amount only with written findings.
Comparisons
- New York vs Virginia child support: which state is higher? (2026)For most middle income families New York's guideline is higher. For two children with incomes of $4,000 and $6,000 a month it is $1,385.25 in New York and $1,094.40 in Virginia, and New York support runs to 21 rather than 18. Virginia can come out lower still with shared custody, which its formula uses and New York's does not, while at very high incomes Virginia, which has no cap, can be higher.
- Texas vs New York child support: which state is higher? (2026)For a typical middle income family New York's guideline is higher than Texas's. For two children and a paying parent earning $6,000 a month, it is $1,385.25 in New York and $1,239.21 in Texas, and the gap widens when there is child care, which New York adds and Texas does not. At low incomes the order flips: New York's low income rules can bring support far below the Texas amount.
- Texas vs Virginia child support: which state is higher? (2026)It depends mostly on two things: the income of the parent the children live with, and custody time. Texas looks only at the paying parent's net income, so for two children and a paying parent earning $6,000 a month it is $1,239.21 whatever the other parent earns. Virginia uses both incomes and is $1,094.40 when the other parent earns $4,000, and $258.86 with 182 days a year of shared time. When the parent the children live with has no income, or at very high incomes, Virginia can be higher.
More about Virginia, Texas and New York
- Back child support (arrears) in New York: interest, enforcement and jail (2026)Back child support (arrears) in New York stays owed: a court cannot reduce or cancel arrears that built up before a modification was asked for (Family Court Act § 451(1)). The court enters a money judgment for the arrears, with interest at the judgment rate of nine percent a year when the default was willful, and the Child Support Program collects through income withholding, driver's and professional license suspension, tax refund intercepts, liens, bank freezes and, above 2,500 dollars, passport denial. A willful violation can mean up to six months in jail, and non-support of a child is a crime under Penal Law § 260.05.
- Back child support (arrears) in Texas (2026)In Texas, every missed child support payment is a final judgment, and the unpaid amount carries simple interest of 6 percent a year until it is paid or confirmed as a money judgment, which then carries the same rate (Texas Family Code §§ 157.261 and 157.265). Arrears can be collected by income withholding, liens, license suspension, federal tax refund intercept and passport denial, and enforced by contempt with jail. A court cannot forgive or reduce confirmed arrears, and the right to collect continues after the child turns 18.
- Back child support (arrears) in Virginia: interest, enforcement and jail (2026)In Virginia, each child support payment that is not paid when due becomes a judgment by operation of law, and the arrears carry interest at the judgment rate of six percent a year unless the parent owed support waives it in writing (Code of Virginia §§ 20-60.3, 20-78.2, 6.2-302). Arrears are collected through income withholding, liens, tax refund offsets, credit reporting and license suspension, and a court can jail a parent for up to 12 months for contempt (§ 16.1-278.16). Arrears cannot be reduced retroactively, and they stay owed after the child turns 18 or 19.
- Child support and your tax refund: the offset rules (2026)Yes. Under 42 U.S.C. § 664, the Treasury withholds a federal tax refund to pay past-due child support that a state child support agency has certified, and sends the money to that state. A case qualifies when at least $150 is owed on support assigned to the state for public assistance, or at least $500 in other cases (45 CFR 303.72). The state must send a notice first that explains how to contest the amount, and a spouse on a joint return can claim their share back with IRS Form 8379.
- Child support when parents live in different statesWhen parents live in different states, the court that sets support applies its own state's law and guideline (Texas Family Code § 159.303). A state can make an order against a parent who lives elsewhere only on one of the jurisdiction bases in the Uniform Interstate Family Support Act (§ 159.201); otherwise the case is heard in the other parent's state, with the two states' child support agencies working together. An order from another state is registered to be enforced, and in Texas the other party has 30 days after notice to contest it (§ 159.605).
- Does 50/50 custody mean no child support? Texas, New York and Virginia (2026)No. In Texas, New York and Virginia, equal time with each parent does not by itself end child support. Only Virginia's guideline uses the number of days: above 90 days a year with each parent, a shared custody formula lowers support, and with equal time the parent who earns more usually pays the difference. Texas and New York apply their usual formula; in Texas, parenting time is a factor a court may weigh to depart from it, and New York's statute has no shared custody formula, but with truly equal time its appellate courts make the parent with the larger income share the paying parent.