Raising the Cap on Texas Child Support

Child support in Texas is governed by strict guidelines in the Texas Family Code, designed to ensure that children receive adequate financial support from both parents. Central to these guidelines is the income “cap,” which limits the amount of income considered when calculating child support obligations. Periodically, this cap is reviewed and adjusted to reflect changes in the cost of living, inflation, and other economic factors. Understanding these adjustments is crucial for custodial and non-custodial parents involved in child support cases.

This comprehensive guide will explore the rationale behind raising the child support cap in Texas, how it impacts families, and what to expect in future reviews.

What Is the Texas Child Support Cap?

The child support cap in Texas refers to the maximum monthly net resources of the obligor (the parent responsible for paying child support) that can be used to calculate child support payments. Under Texas law, the presumptive support amount is based on a percentage of the obligor’s net resources, with specific percentages set for one to five children. However, the cap limits this calculation, meaning that any income above this threshold is generally not considered unless the court finds that additional support is necessary.

Historical Context of the Cap

Historically, the income cap has been periodically adjusted to account for inflation and the rising costs of raising children. For instance, in September 2019, the cap was raised from $8,550 to $9,200 monthly. This increase was intended to reflect better the economic realities families face in Texas, ensuring that child support payments remain fair and sufficient to meet children’s needs.

The Impact of Raising the Cap

1. Increased Financial Support for Children:
   • Raising the cap allows for higher child support payments in cases where the obligor has substantial income. For example, with the current cap of $9,200, the maximum monthly child support for one child is $1,840, up from $1,710 before the cap was raised. This increase ensures that child support payments align with the cost of raising children today.
2. Adjusting to Economic Conditions:
   • The cap is reviewed every four years to ensure it remains appropriate given the prevailing economic conditions. This includes consideration of inflation, wage growth, and the overall cost of living. By periodically raising the cap, Texas aims to prevent the erosion of child support’s purchasing power over time.
3. Potential Court Deviations:
   • In cases where the obligor’s income significantly exceeds the cap or where the child has special needs, courts may order additional support beyond the guidelines. This is particularly relevant in high-net-worth cases where the cap may not adequately reflect the resources available to the child.

How the Cap Affects Child Support Calculations

When calculating child support, Texas courts use a formula that applies a percentage of the obligor’s net resources to determine the amount owed. For example:

• One child: 20% of net resources, up to the cap.
• Two children: 25% of net resources, up to the cap.
• Three children: 30% of net resources, up to the cap.
• Four children: 35% of net resources, up to the cap.
• Five children: 40% of net resources, up to the cap.

If the obligor’s net monthly resources exceed $9,200, the standard calculation applies only up to that amount. However, the court may consider additional factors, such as the child’s needs and the obligor’s ability to pay, when determining whether to award support above the cap.

When Will the Cap Be Reviewed Again?

The Texas Attorney General’s office reviews the child support guidelines, including the income cap, every four years. The most recent review period began in September 2021 and will conclude in August 2025. During this review, economic data, labor market conditions, and public input are considered to determine whether adjustments to the cap are necessary.

Parents should be aware that any changes from this review could affect future child support obligations. For instance, if the cap is raised in 2025, new support orders issued after that date would reflect the updated guidelines.

Legal Considerations and Modifications

For parents currently paying or receiving child support, it is important to stay informed about potential changes to the cap. If the cap is raised, it could warrant modifying existing child support orders. To request a modification, the party seeking the change must demonstrate a material and substantial change in circumstances or that three years have passed since the last order, with a change in the support amount of either 20% or $100.

Government Resources for Current Information

To stay up-to-date with the latest figures and guidelines for Texas child support, you can consult the following resources:

• Texas Attorney General – Child Support Division: This page provides detailed information about child support guidelines, including the current income cap and any recent changes.
• Texas Family Code—Child Support Provisions: This resource offers direct access to the relevant sections of the Texas Family Code for those interested in the specific legal language and statutory provisions governing child support in Texas.

Frequently Asked Questions About Raising the Cap on Texas Child Support

1. How often is the child support cap reviewed in Texas?

The Texas Attorney General’s office reviews the child support cap every four years. This review ensures that the cap reflects current economic conditions, including inflation and the cost of raising children. The most recent review period began in September 2021 and will conclude in August 2025.

2. Can the court order child support above the income cap?

Yes, the court may order child support that exceeds the standard guideline amount based on the income cap in certain circumstances. This typically occurs in cases where the obligor has a significantly higher income or the child has special needs that require additional financial support. The court considers the best interests of the child when making such decisions.

3. What should I do if my financial situation changes significantly after a child support order is issued?

If there is a material and substantial change in circumstances—such as a significant increase or decrease in income, job loss, or changes in the child’s needs—you may petition the court for a modification of your child support order. The court will review the case to determine whether an adjustment is warranted based on the new circumstances.

4. Does the child support cap apply to all types of income?

The income used to calculate child support includes various sources, including wages, overtime, bonuses, commissions, self-employment, and investment income. However, the cap limits how much of this income is considered when calculating support obligations. The cap currently stands at $9,200 per month.

5. What happens if the cap is raised after my child support order is in place?

If the child support cap is raised after your order is established, your current payments will not automatically adjust. To reflect the new cap, the court must request a modification. The parent seeking the modification must demonstrate that the increase in the cap represents a significant change in circumstances.

6. How does Texas compare to other states regarding child support caps?

Texas uses an income cap to limit the amount considered for child support calculations. While many states use similar percentage-based guidelines, not all cap the income to determine support obligations. This means that higher-income parents might be required to pay more in child support in states without a cap than in Texas. However, Texas courts can order additional support, even above the cap, if warranted by the circumstances.

7. Are there exceptions to the child support cap for high-net-worth individuals?

Yes, for high-net-worth individuals, the standard cap may not fully address the child’s financial needs, especially in cases involving special needs or educational expenses. In such cases, the court may order support above the cap, considering the obligor’s total income and the child’s specific needs.

8. How can I estimate my child support obligation under the current cap?

The Texas Attorney General’s office provides an online child support calculator that allows you to estimate your obligation based on your income and the number of children you are responsible for. This tool is useful for understanding your obligations under the current cap but should not replace professional legal advice​. Texas Attorney General

Conclusion

Raising the cap on Texas child support is a critical mechanism for ensuring that child support payments keep pace with economic changes and continue to meet the needs of children. As the next review of the cap approaches in 2025, custodial and non-custodial parents should stay informed about potential changes and seek legal advice to understand how these adjustments may impact their financial responsibilities.

If you need legal guidance regarding your child support obligations, contact a qualified attorney who can help you navigate the complexities of Texas child support law.