Child Support Factors In 154.123 Of The Texas Family Code

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Laws are subject to change, and each case is unique. Consult with a qualified family law attorney to discuss your specific situation.

If you’re going through a divorce or working to establish paternity in Texas, one question is probably on your mind: how much child support will you pay or receive? Texas law answers this through the Texas Family Code, and Section 154.123 lays out the specific factors a court can consider when making that decision. Understanding these factors can help you know what to expect from your case.

What Factors Does Texas Law Consider Under §154.123?

In plain terms, §154.123 of the Texas Family Code lists the following factors that are to be considered when calculating child support:

• The age and needs of the child
• The ability of each parent to meet the needs of the child
• The amount of time each parent spends with the child
• The financial resources of each parent
• Any special needs of the child
• Any other factor that is relevant to the calculation of child support payments

If you live in Texas and are going through a divorce or trying to establish paternity, it’s important to be aware of these factors, since they can affect your case. If you have questions about your specific situation, it’s always best to consult with an attorney who can help guide you through the process.

The Full List of Factors Under §154.123(b)

The summary above covers the main themes, but the statute itself is more detailed. Here is the full text of §154.123:

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 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
17. any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents.

Tex. Family Code Sec. 154.123, Additional Factors For Court To Consider (Texas Statutes, 2022 Edition)

How Courts Apply These Factors

Can a Judge Change Child Support From the Guidelines in Texas?

Yes, under §154.123(a), a court may order child support in an amount different from what the standard guideline calculation produces. However, this only happens if the evidence rebuts the presumption that applying the guidelines is in the best interest of the child, and justifies a variance. Under §154.123(b), the court looks at “all relevant factors,” including the 17 listed above, to decide whether departing from the guideline amount is appropriate.

How This Differs From the Standard Guideline Calculation

Texas child support is generally calculated in two steps. First, the court calculates a parent’s “net resources” and applies the statutory guideline percentage to that amount this guideline amount is presumed to be appropriate. Second, the court considers the additional factors under §154.123(b) to determine whether the guideline amount would be unjust or inappropriate under the circumstances, and whether a different amount is warranted.

Case Example: In re P.C.S. and L.R.S.

One Texas appellate case, In re P.C.S. and L.R.S., 320 S.W.3d 525 (Tex. App.—Dallas 2010), illustrates how these statutes can come into play. In that case, a father received a cash inheritance of approximately $400,000 after his divorce, and the question was whether that inheritance should be counted as part of his “net resources” for child support purposes, or treated differently. The trial court held that the inheritance was not part of his net resources. On appeal, the majority of the court disagreed, concluding that a cash inheritance falls under the “all other income actually being received” language in Family Code §154.062(b)(5) and should be treated as a resource. One justice dissented, reasoning that an inheritance is not “income” in the ordinary or legal sense, and that it should instead be considered under §154.123(b)(3)  as a “financial resource available for the support of the child” that could justify departing from the guideline amount, rather than being folded into the base guideline calculation itself.

Case Highlights

• Court:Texas Court of Appeals, Dallas — 320 S.W.3d 525 (2010)
• Issue:Whether a parent’s post-divorce cash inheritance should be included in “net resources” for child support purposes
• Trial court’s ruling:The inheritance was not part of net resources
• Majority appellate ruling:The inheritance qualified as a “resource” under §154.062(b)(5)
• Dissenting view:The inheritance is not income, and should instead be considered as an “additional factor” under §154.123(b)(3)
• Outcome:The appellate court reversed the trial court’s calculation on this point and remanded the case for further proceedings; the trial court’s rulings on other issues (including the company truck, health insurance premium, private school tuition, and the finding of a material and substantial change in circumstances) were affirmed

Does My Inheritance Count as Income for Child Support in Texas?

As the case above shows, this isn’t a settled, one-size-fits-all answer, Texas courts have reached different conclusions on how to treat an inheritance for child support purposes, and even the judges in this case disagreed with one another. This is exactly the kind of fact-specific question where speaking with an attorney about your situation can help.