Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP · CHAPTER 154. CHILD SUPPORT
Texas Codes

Tex. Fam. Code § 154.068 (2026)

Wage And Salary Presumption

✓ current as of May 2026
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Sec. 154.068. WAGE AND SALARY PRESUMPTION. (a) In the absence of evidence of a party's resources, as defined by Section 154.062(b), the court shall presume that the party has income equal to the federal minimum wage for a 40-hour week to which the support guidelines may be applied.

(b) The presumption required by Subsection (a) does not apply if the court finds that the party is subject to an order of confinement that exceeds 90 days and is incarcerated in a local, state, or federal jail or prison at the time the court makes the determination regarding the party's income.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 1046 (H.B. 3017), Sec. 3, eff. September 1, 2013.

Acts 2015, 84th Leg., R.S., Ch. 1249 (H.B. 943), Sec. 1, eff. September 1, 2015.

Notes of Decisions
Cited in 75 cases (15 in the last 5 years), 1996–2026 · leading case: In the Interest of M.M., 980 S.W.2d 699 (Tex. App. 1998).
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In the Interest of M.M., 980 S.W.2d 699 (Tex. App. 1998). · cites it 4× “TEX. FAM.CODE ANN. § 154.068 (Vernon 1996).”
Monica Moreno v. Ernesto Perez, 363 S.W.3d 725 (Tex. App. 2011). · cites it 2× “” See Tex. Fam. Code § 154.068. She further emphasizes that there was no testimony at trial about special needs that would justify child support above the guidelines, and that Pilar testified that she receives $1,232.”
In the Interest of Hidalgo, 938 S.W.2d 492 (Tex. App. 1996). · cites it 2× “TEX. FAM. CODE ANN. § 154.068; In re Martin, 881 S.”
Miles v. Peacock, 229 S.W.3d 384 (Tex. App. 2007). “” Tex. Fam.Code Ann. § 154.068 (Vernon 2002).”
Juan Ayala v. Blanca Edit Ayala, 387 S.W.3d 721 (Tex. App. 2011). “; Tex. Fam.Code Ann. § 154.068 (Vernon 2008); In re M.”
Alejandro Marquez v. Lorenza Moncada & the Off. of the Attorney Gen. of Texas, 388 S.W.3d 736 (Tex. App. 2012). · cites it 2× “Tex. Fam. Code Ann. § 154.068 (West 2008).”
Reagins v. Walker, 524 S.W.3d 757 (Tex. App. 2017). “8 *764 Instead, Walker argues that Reagins’ failure to produce is “akin to a statement by Reagins that he only earns the federal minimum wage for 40 hours,” citing Texas Family Code section 154.068(a) (“In the absence of evidence of a party’s resources .”
Knight v. Knight, 131 S.W.3d 535 (Tex. App. 2004). “See Tex.Fam.Code Ann. § 154.068. This issue has been waived inasmuch as the argument was not urged in the trial court.”
In the Interest of B.R.G., 48 S.W.3d 812 (Tex. App. 2001). · cites it 2× “See Tex. Fam.Code Ann. § 154.068 (Vernon 1996); In re M.”
Tuan Anh Tran v. Sheryn D. Nguyen, 480 S.W.3d 119 (Tex. App. 2015). “9 Tran urges instead that in the absence of any evidence regarding his income while in prison, the trial court should have based his child support obligation on the presumption that he made the federal minimum wage, for a 40-hour workweek, which would have been less in aggregate…”
Reyes v. Reyes, 946 S.W.2d 627 (Tex. App. 1997). “Tex. Fam.Code ANN. § 154.068 (Vernon 1996); In re Moss, 887 S.”
In the Interest of L.R.P., 98 S.W.3d 312 (Tex. App. 2003). “Tex. Fam.Code Ann. § 154.068 (Vernon 2002).”
Show all 75 citing cases →
— Tex. Fam. Code § 154.068(a) — 14 cases
Reagins v. Walker, 524 S.W.3d 757 (Tex. App. 2017). “8 *764 Instead, Walker argues that Reagins’ failure to produce is “akin to a statement by Reagins that he only earns the federal minimum wage for 40 hours,” citing Texas Family Code section 154.068(a) (“In the absence of evidence of a party’s resources .”
in the Interest of M.A.B., a Child (Tex. App. 2017).
Suhey L. Attaguile v. Angelo F. Attaguile (Tex. App. 2018).
Luther W. Cobb, Sr. v. Marilene F. Cobb (Tex. App. 2016).
Niranjan Gadekar v. Smita Zankar (Tex. App. 2018).
— Tex. Fam. Code § 154.068(b) — 1 case
Alexander D. Young v. Mikayla M. Marquardt (Tex. App. 2025).
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