Shared custody and child support in Texas (2026)
Texas has no shared custody formula. The guideline is a percentage of the paying parent's net resources whatever the possession schedule, and joint managing conservators can still be ordered to pay each other support (Texas Family Code § 153.138). The time children spend with each parent is one of the factors a court weighs when it decides whether to order a different amount (§ 154.123(b)(4)).
Does 50/50 custody change child support in Texas?
Not in the guideline arithmetic. Texas sets child support as a percentage of the paying parent’s monthly net resources (Texas Family Code § 154.125), and the percentage depends only on the number of children. There is no step for the number of days or nights the children spend with each parent.
For one child and wages of $6,000 a month, the guideline is $991.37 a month. That figure is the same whether the order gives the other parent the standard possession schedule or equal time:
One child, any possession schedule
In Texas: 1 child; the other parent earns $6,000 a month before tax.
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.
$4,956.83Apply the guideline for 1 child§ 154.125, guideline percentages and cap
$4,956.83 × 20% = $991.37.
$991.37 a month
Can joint managing conservators be ordered to pay support?
Yes. Section 153.138 says the appointment of joint managing conservators “does not impair or limit the authority of the court to order a joint managing conservator to pay child support to another joint managing conservator.”
A joint managing conservatorship order still designates the conservator who has the exclusive right to decide the child’s primary residence, and either sets a geographic area for it or says there is none (§ 153.134(b)). The label “joint” describes rights and duties, not an equal split of time or money.
How does possession time affect the amount?
Through the court’s power to vary from the guideline. The guideline amount is presumed reasonable (§ 154.122), but a court can order a different amount if the evidence shows that applying the guideline would be unjust or inappropriate. Section 154.123(b) lists the factors it must consider, including:
- the amount of time of possession of and access to the child (b)(4);
- the other parent’s net resources, including earning potential if that parent is intentionally unemployed or underemployed (b)(5);
- child care expenses either parent pays to keep working (b)(6);
- the cost of travel to exercise possession and access (b)(14);
- any other reason consistent with the child’s best interest (b)(17).
When the amount ordered differs from the guideline, the order must state both parents’ monthly net resources, the percentage applied, and the specific reasons for the difference (§ 154.130).
What is the standard possession order?
It is the schedule Texas presumes to be the reasonable minimum possession for a parent named possessory conservator or joint managing conservator (§ 153.252). The schedule differs when the parents live 100 miles or less apart (§ 153.312) or further (§ 153.313), and holiday periods apply whatever the distance (§ 153.314). Since 2021, when the parent with the standard schedule lives within 50 miles, the court applies the longer beginning and ending times unless that parent declines them (§ 153.3171).
None of these schedules changes the guideline percentage. They matter for support only as possession time under § 154.123(b)(4).
Did Texas pass an equal parenting time law?
No. Some websites describe Senate Bill 849 of the 2025 session as a new equal parenting law. The Texas Legislature’s bill history shows it was referred to the Senate State Affairs committee on 13 February 2025, and that is its last action. The current text of chapter 153 contains no equal possession presumption.
Can a support order be changed because the schedule changed?
A change in the children’s circumstances or a parent’s can be a material and substantial change under § 156.401(a)(1). An order of joint conservatorship, in and of itself, is not a ground for modifying a support order (§ 156.401(c)). The modifying an order guide covers both routes.
How do other states treat shared custody?
Some states put custody time into the formula. Virginia, for example, switches to a shared custody formula above a set number of days with each parent; see shared custody in Virginia.
Open this family in the Texas calculatorWhat this guide does not cover
This guide does not cover how courts decide conservatorship or possession, or how often they vary from the guideline for shared schedules: chapter 154 sets no formula for that, and no official statistics on it were found. The calculator gives the guideline amount only; it does not apply any variance. It also leaves out these parts of the Texas guideline:
- For children in one household. Children in more than one household are computed with a credit for the other children (154.128), or with the alternative table in 154.129; not modeled.
- Dental support (up to 1.5% of the paying parent's resources, 154.1825), cash medical support when no health insurance is available (154.182(b)(3)) and uninsured medical costs (154.183(c)) are ordered on top of this, not modeled.
- Self-employment income is not modeled. The engine deducts an employee's Social Security and Medicare; for self-employment income the Attorney General's self-employed chart deducts self-employment tax instead, which gives lower net resources.
- Net resources here only count wages. Other income and some deductions (154.062) are not modeled.
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 Texas, 1 child; the other parent earns $6,000 a month before tax. The guideline amount is $991.37 a month. Change any number in the calculator and every step of the formula updates.
Open this family in the Texas calculatorQuestions
Do you pay child support with 50/50 custody in Texas?
The statute does not end support because possession is equal. The guideline percentage still applies to the paying parent's net resources, and joint managing conservators can be ordered to pay each other (§ 153.138). The court can vary from the guideline after weighing possession time and the other listed factors (§ 154.123).
Who pays child support when parents share custody in Texas?
The court decides who pays as part of the order. The guideline percentage is applied to the net resources of the parent ordered to pay. Chapter 154 does not set a rule that the parent with fewer days pays.
Does more visitation lower child support in Texas?
Not automatically. More possession time does not change the percentage. It is one of the factors a court must consider when deciding whether applying the guideline would be unjust or inappropriate (§ 154.123(b)(4)).
Is there an offset formula for equal time in Texas?
Chapter 154 does not contain one. Any amount different from the guideline is a variance, and the order must explain it (§ 154.130).
Did Texas pass a 50/50 custody law in 2025?
No. Senate Bill 849 of the 2025 regular session, which proposed changes to possession orders, was referred to the Senate State Affairs committee on 13 February 2025, and that is its last recorded action.
Sources
- Texas Family Code § 154.123, Additional factors for court to consider
- Texas Family Code § 154.125 and § 154.130 (guideline percentages and findings)
- Texas Family Code chapter 153 (§ 153.134, § 153.138, § 153.252, §§ 153.312 to 153.3171)
- Texas Family Code § 156.401, Grounds for modification of child support
- Bill history, SB 849, 89th Legislature Regular Session
- Figures on this page are computed by the Coparent Math engine with Texas'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
Related guides
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Related
- Changing a child support order in Texas (2026)A Texas court can modify a child support order in two cases: when the circumstances of the child or a person affected by the order have materially and substantially changed, or when it has been three years since the order was made or last modified and the monthly amount differs from the current guideline amount by either 20 percent or $100 (Texas Family Code § 156.401). Only a new order changes the amount; parents can apply to the Attorney General's Child Support Division for a review or file in court.
- 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.
In the same hub
- 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.
- Self-employment, imputed income and what counts in Texas (2026)In Texas, self-employment income counts after the ordinary and necessary expenses needed to produce it, and a court may exclude depreciation or other expenses it finds inappropriate (Texas Family Code § 154.065). If a parent earns significantly less than they could because of intentional unemployment or underemployment, the court may apply the guideline to earning potential (§ 154.066); with no evidence of income at all, it presumes the federal minimum wage for a 40 hour week (§ 154.068).
- Texas child support by income (2026)Texas child support is 20% of the paying parent's net resources for one child, 25% for two and 30% for three, so it rises with income until net resources reach $11,700 a month. On a salary of $50,000 a year, the 2026 guideline for one child is $705.92 a month; on $100,000 it is $1,319.67.
- Child support above the income cap in Texas (2026)Since 1 September 2025 the Texas guideline applies to the paying parent's net resources up to $11,700 a month. For one child that caps the guideline at $2,340.00 a month. A court may order more than the guideline only depending on the parents' incomes and the proven needs of the child, and never more than the greater of the guideline amount or the child's proven needs (Texas Family Code § 154.126).
- Child support for more than one child in Texas (2026)In Texas the guideline percentage rises with each child: 20% of the paying parent's net resources for one child, 25% for two, 30% for three, 35% for four and at least 40% for five or more (Texas Family Code § 154.125). When the paying parent also supports children in another household, the court gives a credit for those children first (§ 154.128) or uses the multiple family table (§ 154.129).
- Child support on a low income in Texas (2026)When the paying parent's net resources are under $1,000 a month, Texas uses a low-income table: 15% of net resources for one child instead of 20% (Texas Family Code § 154.125(c)). When there is no evidence of a parent's income, the court presumes the federal minimum wage for a 40 hour week (§ 154.068), which the 2026 tax charts put at $1,256.67 a month gross.
The same topic in other states
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.
More about Texas
- 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.
- 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.
- 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.
- Child support and taxes: what the IRS says (2026)Child support is neither taxable nor deductible under federal tax law: the IRS says child support payments are not deductible by the parent who pays them and not taxable to the parent who receives them. Who claims the child is a separate question. The IRS treats the parent the child lived with for more nights in the year as the one entitled to claim the child; that parent can release the child tax credit to the other parent with Form 8332, but head of household status, the earned income credit and the child care credit stay with the parent the child lived with.