Back to Learning Center

Blog

Specialty tag(s): Child Support

New Child Support Cap in Texas 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

If 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.

To learn more about how our firm can help you, contact Aimee Pingenot Key at (214) 373-7676.

Popular Family Law Articles

Calculating Child Support in TexasCan a Child Be Forced to Visit a ParentSame Sex Parents on Birth Certificate
Common Law TexasTexas Prenuptial AgreementProperty Division in Divorce Texas
Informal Marriage TexasIs a Prenup a Good IdeaDeposition for Divorce
How Far Back Does a Hair Drug Test GoTexas Maximum Child SupportDivorcing While Pregnant
Texas Standard Possession Order Holiday ScheduleDivorce Lawyer vs MediatorTax Implications of Divorce

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 am compassionate, straightforward, and focused with my clients to help them solve problems wisely and realistically to achieve their most important goals.”

Request A Consultation

Blog

Chandler Rice Winslow

How to Achieve Successful Co-Parenting During and After Divorce

Attorney Chandler Winslow shares the tools parents need to make the best decisions for their kids and create the brightest possible future for themselves.

Blog

Hayley Collins Blair

Child Support for Adults with Disabilities in Texas: Customized Support After 18

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

Blog

young woman talking on phone, sitting at table with laptop open

P. Lindley Bain

8 Common Tax Issues to Consider When Negotiating Your Divorce Settlement

Managing Partner P. Lindley Bain shares common tax issues that you should discuss with a qualified tax professional prior to reaching a final divorce settlement.

Blog

Rachel Rizzieri Feist

4 Helpful Tips to Becoming Successful Co-Parents

Attorney Rachel Rizzieri shares four tips on how to develop a positive co-parenting relationship after divorce

Related Resources

Lets's Get Started

Pay Online

Austin

Dallas

Fort Worth

Granbury

Plano

Midland

Tarrant County