Back to Learning Center


New Child Support Cap Effective September 1, 2019

Aimee Pingenot Key | August 27, 2019

oung Asian mother sitting on the floor in the bedroom reading book to little daughter, enjoying family bonding time together at home

Texas Family Code §154.125(a)(1) requires that every six years the presumptive amount of net resources for which child support guidelines apply be reviewed and adjusted for inflation by the Texas Office of the Texas Attorney General (OAG). That section sets out the formula for doing so based on the consumer price index.

The last child support adjustment was done in 2013 when the current amount of $8,550 per month was established. Effective September 1, 2019, the new net resources “cap” has been set at $9,200 per month. 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. This new cap is approximately $12,000 gross income per month, or $144,000 per year.

Child Support In Ongoing Litigation

f you are in the middle of litigation that will go to trial or be resolved after September 1, 2019, this new child support ‘cap’ will apply when calculating child support.

Child support under the guidelines is determined by applying the applicable percentage, beginning at 20% for one child and increasing 5% incrementally for each additional child, to the net resources amount up to the ‘cap.’ Thus, even if a party is earning $200,000 a year, presumptively he or she pays the same monthly child support obligation as someone earning $144,000 per year. If a child support obligor has monthly net resources over $9,200, a party seeking above-guideline child support has the burden of proving to the court that additional support should be ordered according to factors set out in Texas Family Code §154.126.

Modifying a Child Support Order

If you already have an existing child support order, the new guidelines enable the parent receiving child support 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.

Services to Help Solve Your Challenges

Our attorneys are experienced in all aspects of family law and will guide you through each step of the process, ensuring you have the information you need to make wise decisions and prepare for the future.

Get in Touch

At Goranson Bain Ausley, we strive to deliver clarity about what comes next and confidence that you and your family’s future are more secure. Contact our team and discover how we can help you.

“I understand many of my clients have worked a lifetime to achieve their success. I collaborate with them to create a cost effective, efficient and sustainable roadmap for their future.”

Request A Consultation


Co-parenting- Anita Savage- Goranson Bain Ausley- Family Law- Texas

Child-Focused Co-Parenting

One of the hardest decisions any person makes is the decision to divorce.  That decision brings final acceptance that you…


Hayley Collins Blair

Child Support for Adult Children with Disabilities in Texas: Customized Support After 18

Attorney Hayley Collins Blair discusses customized child support for adult children with disabilities.


P. Lindley Bain

7 Common Tax Issues to Consider When Negotiating Your Divorce Settlement

During your divorce, you will be faced with various tax issues and it is important that you explore those issues…


Britney E. Harrison

4 Helpful Tips to Becoming Successful Co-Parents

Attorney Britney Harrison shares four tips for successful co-parenting.

Related Resources

Lets's Get Started

Pay Online