Specialty tag(s): Child Support
Aimee Pingenot Key | October 11, 2024
Is there a cap on child support in Texas? Yes, and it is one of the most important factors for couples with children to consider when divorcing. However, you should also know that the Texas child support cap is not static. In fact, as stated in Texas Family Code §154.125(a)(1), the Texas Office of the Attorney General (OAG) is required to review and adjust the presumptive net resource amounts used in child support guidelines every six years to account for inflation. This adjustment is calculated using a formula specified in the code that relies on the consumer price index.
The most recent change to the child support cap in Texas came in 2019, when the previous net resources limit of $8,550 per month was raised to $9,200 per month. A person’s net resources are calculated by deducting Social Security and federal income taxes, state income tax, union dues, expenses for the cost of health and dental insurance (or cash medical support for health and dental insurance), and (if the payor does not pay Social Security taxes) nondiscretionary retirement plan contributions. The Texas child support cap of $9,200 per month in net resources is roughly equivalent to a gross income of $12,000 per month or $144,000 per year. Consequently, an individual earning $200,000 per year would, by default, owe the same monthly child support as someone earning $144,000 annually.
Under the state’s child support guidelines, payments are determined by applying a specific percentage to the net resources, starting at 20% for one child and increasing by 5% for each additional child up to five, at which point it would be 40%. If someone had five children and their net resources were capped at $9,200, this would work out to a monthly payment of $3,680. However, there are a lot of variables at play here, including the number of children, the parent’s net resources, and any circumstances that might call for additional support beyond the typical amount. For instance, if the monthly net resources of the obligor (the person paying child support) exceed $9,200, the party seeking support may be able to demonstrate to the court during a litigated divorce that additional support is justified beyond the guideline amount, based on factors outlined in Texas Family Code §154.126.
If you already have an existing child support order, the parent receiving child support may be able to file a modification to seek an increase in child support. If the party paying child support earns above the new cap, then the court will likely recalculate the monthly child support obligation.
Calculating child support is specific to each case based on a number of factors that must be considered. Seeking the expertise of a family law attorney is advised prior to trying to negotiate or modify an existing child support order.
To learn more about how our firm can help you, contact Aimee Pingenot Key at (214) 373-7676.
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