Income shares vs percentage of income: how child support models differ (2026)
A percentage of income model sets support as a fixed share of the paying parent's income, and the other parent's income does not enter the formula. An income shares model starts from both parents' combined income, finds the basic support amount the guideline sets for that income, and splits it in proportion to each parent's income. Texas uses a percentage of the paying parent's net resources, Virginia uses income shares, and New York applies a fixed percentage to both parents' combined income and splits it by income.
States write their child support guidelines in a few main ways. This explainer compares the two best-known models, percentage of income and income shares, using the three states the calculator covers. For how the engine runs each state’s steps, see how child support is calculated.
What is the percentage of income model?
Support is a fixed percentage of the paying parent’s income. The percentage depends on the number of children, and the other parent’s income is not part of the calculation.
Texas is an example. Texas Family Code § 154.125 applies these percentages to the paying parent’s monthly net resources, which are income after federal income tax, Social Security, Medicare and a few other deductions (§ 154.062):
| Children | Texas percentage of net resources |
|---|---|
| 1 | 20% |
| 2 | 25% |
| 3 | 30% |
| 4 | 35% |
| 5 | 40% |
The percentage applies to net resources up to a cap, $11,700 a month. The other parent’s income can still matter: Texas lists the net resources of the parent the children live with among the factors a court considers when deciding whether to depart from the guideline (§ 154.123(b)(5)).
What is the income shares model?
The guideline starts from both parents’ income combined. A schedule gives the basic support amount for the children at that combined income, and each parent is responsible for a share in proportion to their income. The other parent pays their share to the parent the children live with.
Virginia is an example. Code of Virginia § 20-108.2 B contains the schedule, by combined monthly gross income and number of children. Under § 20-108.2 G 1, health insurance and work related child care are added, and the total is divided between the parents in proportion to their gross incomes. In the schedule, the amount rises more slowly than income, so the share of income going to support falls as combined income rises:
| Other parent's income a month | 1 child | 2 children |
|---|---|---|
| $2,000 | $333.00 | $496.33 |
| $4,000 | $560.50 | $821.00 |
| $6,000 | $750.60 | $1,094.40 |
| $8,000 | $946.67 | $1,372.67 |
| $12,000 | $1,275.00 | $1,838.25 |
| $20,000 | $1,868.33 | $2,699.17 |
Where does New York’s formula fit?
New York combines features of both. Family Court Act § 413(1)(c) applies a fixed percentage, like a percentage of income model, but to both parents’ combined income, and then splits the result by income share, like an income shares model:
- add both parents’ incomes, after the deductions the statute allows;
- multiply combined income, up to $193,000 a year, by the percentage for the number of children (17% for one child);
- split the result in proportion to the two incomes.
Below the cap, step 3 undoes step 1: the paying parent’s share comes to the percentage of their own income. Sources label New York’s model differently, so this site describes it by what the formula does rather than by a label. The New York guide walks through it.
Does the other parent’s income change the amount?
This is where the models differ most. The same paying parent, at $6,000 a month with one child, as the income of the parent the children live with goes up:
| Income of the parent the children live with | Texas | New York | Virginia |
|---|---|---|---|
| none | $991.37 | $941.97 | $999.00 |
| $3,000 a month | $991.37 | $941.97 | $797.33 |
| $6,000 a month | $991.37 | $941.97 | $710.00 |
The Virginia rows assume the children spend 52 days a year with the other parent, below the line where Virginia’s shared custody formula starts. Texas and New York do not change because, in Texas, the other income is not in the formula, and in New York, the percentage of combined income split by share equals the percentage of the paying parent’s own income. Virginia falls because the schedule takes a smaller share of a larger combined income, and the paying parent’s share of that amount shrinks.
The three states also start from different incomes: net resources in Texas, gross income less Social Security and Medicare in New York, and gross income in Virginia. The what counts as income explainer compares them.
How do the models treat time with each parent?
The model does not decide this; each state’s statute does.
| State | Is parenting time in the formula? | Source |
|---|---|---|
| Texas | No. Time of possession and access is a factor a court considers when deciding whether to depart from the guideline. | Texas Family Code § 154.123(b)(4) |
| New York | No. Extraordinary visitation expenses, and extended visitation that reduces the other household’s costs, are deviation factors. | Family Court Act § 413(1)(f)(9) |
| Virginia | Yes, once each parent has the children more than 90 days a year. | Code of Virginia § 20-108.2 G 3 |
The Virginia shared custody guide and the New York shared custody guide go further.
What do all the models have in common?
Federal rules set minimum requirements for every state’s guideline, whatever the model (45 CFR 302.56):
- the guideline amount is presumed correct, and a court can depart from it only with a written or on-the-record finding that it would be unjust or inappropriate, stating the guideline amount;
- the guideline must take into account all the earnings and income of the paying parent;
- it must allow for the basic needs of a parent with a low income, for example through a self-support reserve;
- if it allows income to be imputed, it must consider the parent’s specific circumstances;
- the state must review its guideline at least once every four years.
What this guide does not cover
This guide covers the two main models as Texas, Virginia and New York use them. It does not cover other guideline models or count how many states use each model. The figures are estimates of the guideline amount. A court can order a different amount, and an existing order only changes when it is modified.
Run your own numbers
This guide's example: in Virginia, 1 child; the parent the children live with earns $3,000 a month and the other parent $6,000, before tax; 52 days a year with the other parent. The guideline amount is $797.33 a month. Change any number in the calculator and every step of the formula updates.
Open this family in the Virginia calculatorQuestions
What is the difference between income shares and percentage of income?
A percentage of income model applies a fixed percentage to the paying parent's income only. An income shares model starts from both parents' combined income, finds the guideline amount for the children at that income, and splits it between the parents by their share of the income.
Does Texas use income shares or percentage of income?
Texas applies a percentage to the paying parent's net resources, up to a cap: 20% for one child and more for each additional child. The other parent's income is not part of the formula, though a court can consider it as a reason to depart from the guideline.
Is New York an income shares state?
New York's statute applies a fixed percentage to both parents' combined income and splits the result in proportion to their incomes. It shares features of both models, and sources label it differently; this site describes it by how the formula works.
Does the other parent's income change child support?
In Virginia's income shares formula, yes. In Texas, it is not in the formula. In New York, below the cap the basic amount works out to the percentage of the paying parent's own income, so the other parent's income matters mainly for child care and health costs, the cap and the low-income check.
Which child support model is fairer?
The law does not rank them. Each makes different choices: percentage models are simpler and depend on one income; income shares models use both incomes and, in Virginia, the time the children spend with each parent.
Sources
- Texas Family Code chapter 154, §§ 154.062, 154.123, 154.125 and 154.126
- Code of Virginia § 20-108.2, subsections B and G
- New York Family Court Act § 413, subdivision 1, paragraphs (b)(3), (c) and (f)
- 45 CFR 302.56, guidelines for setting child support orders
- Figures on this page are computed by the Coparent Math engine with Texas, Virginia and New York's rules in force on 2 Nov 2026 unless a table says otherwise, from:
- 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
- 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
- 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
Related
- How child support is calculatedEvery state sets a guideline formula in law, and courts apply it unless they find it unjust or inappropriate. The formula takes the parents' income (gross or net, one parent's or both), turns it into a base amount with a percentage or a schedule, adds some costs such as child care and health insurance, and in some states adjusts for parenting time and very low or high incomes. Texas, New York and Virginia each do these steps differently, so the same family gets a different figure in each.
- New York child support by income: tables for 1 to 5 children (2026)New York guideline support is a fixed percentage of both parents' combined income, after Social Security and Medicare taxes, up to $193,000 a year, shared by income. Below the cap, the other parent's share works out to that percentage of their own income after those taxes: for example $784.98 a month for one child at $5,000 a month, and $1,154.38 for two.
- Shared custody child support in Virginia (2026)Virginia uses its shared custody formula when each parent has the children for more than 90 days a year. The schedule amount is multiplied by 1.4, each parent owes their share for the time the children spend with the other parent, and the difference is paid. The shared figure applies unless a parent shows the sole custody figure is lower.
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 Texas, Virginia 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.