On September 1, 2025, the Texas legislature significantly modified the guidelines for calculating child support. If you are currently paying or receiving child support, it is important to understand the potential financial impact these changes may have on your family.
How Child Support is Calculated
Texas Family Code Chapter 154 governs child support, including, but notwithstanding, payments, net monthly income, child support guidelines, support for children with special needs or disabilities, and medical and dental support for children. When calculating child support in Texas, courts generally use a standardized formula: net monthly income multiplied by a percentage based on the number of children. However, when applying this formula, the Texas legislature has placed a “cap” on net monthly income. To further understand this formula, we need to break down some key terms.
- Net Monthly Income
Net monthly income is calculated by taking gross income and subtracting allowable deductions. Simply stated, net monthly income = gross income – allowed deductions. These “allowed deductions” are specifically laid out in the family code and include social security taxes, federal income tax based on the tax rate for a single person claiming one personal exemption and the standard deduction, state income tax, union dues, expenses for the cost of health insurance, dental insurance, or cash medical support for the obligor's child ordered by the court, and if the obligor does not pay social security taxes, nondiscretionary retirement plan contributions.
- Net Resources
Gross income is often referred to in the Texas Family Code as “net resources.”
Net resources include:
- wage and salary income;
- interest, dividends, and royalty income;
- self-employment income;
- retirement benefits;
- pensions;
- trust income;
- annuities;
- capital gains;
- social security benefits other than supplemental security income; and
- unemployment benefits.
The total net resources are then reduced by any allowable deductions, such as social security taxes and federal income tax, as outlined above. After deductions, the net monthly income is multiplied by the applicable percentage guidelines.
- “Cap”
It is crucial to understand that there is a “cap” on net monthly resources. This cap determines the maximum amount of net monthly income that can be considered when calculating child support. Prior to September 1, 2025, the cap was set at $9,200, meaning that the courts were allowed to apply the guideline percentages up to the extent that a parent’s net income totaled $9,200. Recently, this cap has been increased to $11,700.
- Child Support Percentage Guidelines
In Texas, courts apply a standard percentage formula based on the number of children for which support is to be paid. For example, child support for one child is calculated at 20% of the payor’s net monthly resources, and child support for two children is calculated at 25% of the payor’s net monthly resources. The following chart sets forth the percentages in relation to the number of children for which support is due:
- Discretion of the Court
Despite the standardized formula and guidelines in place, courts may consider additional factors when calculating the amount of child support. Some of these factors include, but are not limited to:
- age and needs of the child;
- ability of parents to contribute to the support of the child;
- financial resources available for the support of the child;
- amount of time of possession and access to a child;
- amount of alimony or spousal maintenance being paid;
- special or extraordinary educational, health care, or other expenses of the parties or child;
- and any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents.
It is imperative that you speak with an attorney if you believe that the child support guidelines are not in your child’s best interest. These factors could potentially influence a Judge’s decision to deviate from the standard child support guidelines.
The Recent Increase in Child Support Cap
As previously mentioned, on September 1, 2025, the Texas legislature increased the cap on net monthly resources from $9,200 to $11,700. For example, under the previous cap of $9,200, a parent of one child who earns up to $9,200 in net monthly income may be obligated to pay $1,840 per month in child support. [The percentage guidelines for one child are 20% multiplied by the net monthly income of $9,200]. Under the new cap, a parent of one child who earns up to $11,700 in net monthly income may be obligated to pay $2,340 per month in child support. [Percentage guidelines for one child are 20% multiplied by the net monthly income of $11,700 = $2,340]. This new cap significantly increases maximum support, as the maximum payment for one child has increased by $500. Further, it is important to note that income above the $11,700 cap is not automatically included in the calculation. Courts must weigh additional factors on a case-by-case basis and determine if further support above the cap is necessary.
- Who Is Impacted by the Cap Increase
One of the most important questions to consider is whether the new cap increase affects you. Whether you are currently paying child support, receiving child support, or anticipating future proceedings, this cap increase could affect your financial obligations or entitlements. If you are a high-income earner, this new cap could potentially increase your child support payments if you earn more than the previous $9,200 cap. In contrast, if you are receiving child support, you might be entitled to an increase in payment. However, it is crucial to note that an increase in payment will not occur automatically. If you believe that you may have a claim for an increase in child support payments, contact Skillern Firm to schedule a consultation with an attorney who will advocate on your behalf in a modification suit.
- How Does the Cap Increase Affect Cases Before September 1, 2025
The new child support cap may have you wondering whether it affects a previous child support order set in place. As noted above, prior child support orders do not automatically change to reflect the new cap without a modification proceeding. Further, any child support orders finalized before September 1, 2025, will apply the previous child support cap of $9,200. Any child support order finalized on or after September 1, 2025, will be subject to the new cap of $11,700. Lastly, the new cap does not apply retroactively and does not apply to any already paid support.
Child Support Attorneys You Can Trust
This new cap on child support can have a substantial impact on your financial obligations and how you budget for your family. If you believe that you may be affected by the new cap in child support, contact Skillern Firm Child Custody and Divorce Lawyers to meet with an experienced family law attorney to determine whether the new legislative cap affects your case.
