Texas vs New York child support: which state is higher? (2026)

Is child support higher in Texas or New York?

For most middle income families, New York’s guideline is higher. The same two children, with the parent they live with earning $4,000 a month, at a range of incomes for the other parent:

Other parent's income a month	Texas	New York
$1,500	$342.36	$25.00
$2,500	$547.61	$513.25
$4,000	$848.92	$923.50
$6,000	$1,239.21	$1,385.25
$9,000	$1,766.83	$2,077.88
$12,000	$2,285.21	$2,770.50
$16,000	$2,925.00	$3,218.35
$25,000	$2,925.00	$3,476.83

Three things drive the difference: the income each state starts from, what each adds on top, and how each treats low and high incomes.

How do Texas and New York calculate child support?

	Texas	New York
Law	Texas Family Code § 154.125	Family Court Act § 413
Whose income	The paying parent’s	Both parents’ combined
Income base	Net resources: gross minus federal income tax, Social Security, Medicare, union dues and the children’s health insurance	Gross income minus Social Security and Medicare
One child	20%	17%
Two children	25%	25%
Three children	30%	29%
Cap	$11,700 a month of net resources	$193,000 a year of combined income
Child care	Not added; a factor for deviating (§ 154.123)	Added and split by income (§ 413(1)(c)(4))

The one family worked through both formulas:

Texas: two children, paying parent earning 6,000 a month

In Texas: 2 children; the other parent earns $6,000 a month before tax.

1. Take off taxes§§ 154.061 and 154.062, net resources

   $6,000 gross − $372.00 Social Security − $87.00 Medicare − $584.17 federal income tax = $4,956.83 of net resources a month.

   $4,956.83

2. Apply the guideline for 2 children§ 154.125, guideline percentages and cap

   $4,956.83 × 25% = $1,239.21.

   $1,239.21 a month

New York: the same family

In New York: 2 children; the parent the children live with earns $4,000 a month and the other parent $6,000, before tax.

1. Take off Social Security and MedicareFCA § 413(1)(b)(5)(vii)(H) and DRL § 240(1-b)(b)(5)(vii)(H), FICA paid

   Social Security and Medicare come off each income: the other parent $6,000 − $459.00 = $5,541.00, and the parent the children live with $4,000 − $306.00 = $3,694.00 a month. $3,694 + $5,541 = $9,235 a month. The other parent's share is $5,541 ÷ $9,235 = 60%.

   60%

2. Apply the percentage up to the capFCA § 413(1)(b)(3) and (1)(c)(2) and DRL § 240(1-b), percentages and the cap

   $9,235 × 12 = $110,820 a year, within the $193,000 cap. 25% × $110,820 = $27,705 a year for both parents. The other parent's share: $27,705 × 60% ÷ 12 = $1,385.25 a month.

   $1,385.25 a month

Does the other parent’s income matter in Texas or New York?

Not in Texas: the guideline uses only the paying parent’s net resources. In New York both incomes are combined, but below the cap the paying parent’s share of the combined amount works out to the percentage applied to their own income, so the other parent’s income mainly matters for child care, health insurance and the cap. The same paying parent, earning $6,000 a month, with the other parent earning different amounts:

Parent the children live with earns	Texas	New York
$0	$1,239.21	$1,385.25
$6,000	$1,239.21	$1,385.25
$12,000	$1,239.21	$1,340.28

How does child care change the comparison?

New York adds reasonable child care costs to the basic amount and splits them by income share (Family Court Act § 413(1)(c)(4)). The Texas guideline does not add child care; child care expenses incurred to keep working are one of the factors a Texas court can consider when deciding whether to depart from the guideline (Texas Family Code § 154.123). 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

Which state is higher at low incomes?

Often Texas. New York’s low income rules (§ 413(1)(d)) apply when paying the basic amount would leave the paying parent below the poverty guideline, in which case the basic amount is $25 a month, or below the self-support reserve of $21,546 a year, in which case it is the income above the reserve, at least $50 a month. Texas lowers its percentages when net resources are below $1,000 a month but has no reserve:

Other parent's income a month	Texas	New York
$1,000	$138.53	$25.00
$1,500	$273.88	$25.00
$2,000	$356.23	$51.50
$2,500	$438.08	$392.49
$3,000	$518.43	$470.99

Which state is higher at high incomes?

Texas applies its percentage to net resources up to $11,700 a month, and a court may add more for the children’s proven needs (§ 154.126). New York applies its percentage to combined income up to $193,000 a year; above that, the court decides support on the extra income using the factors in § 413(1)(f) and/or the percentage. The figures in the first table for the highest incomes show only the amount up to each cap.

How long does child support last in Texas and New York?

	Texas	New York
Usual end	18 or high school graduation, whichever is later (§ 154.001)	21 (Family Court Act § 413(1)(a))
Past 18 for a student	While enrolled and meeting attendance requirements (§ 154.002)	Already covered to 21
Disabled child	Support may continue indefinitely (§ 154.001)	Not covered in this guide
Modification without proving a change	After three years, if the guideline differs by 20 percent or 100 dollars (§ 156.401)	After three years, or a 15 percent change in either parent’s gross income, unless opted out (§ 451)

Does custody time change support in Texas or New York?

Neither state’s guideline formula uses the number of days with each parent. In Texas, the amount of time of possession and access is one of the factors for departing from the guideline (§ 154.123). New York’s statute has no shared custody formula; extraordinary visitation expenses are among its deviation factors (§ 413(1)(f)). See how custody time changes support.

What this comparison does not cover

It compares guideline amounts only. It does not cover which state can set or change an order when parents live in different states; see moving to another state and parents in different states. New York City and Yonkers income taxes, Texas medical support and children in more than one household are not modeled. The figures are estimates, not legal advice.