In Texas, child support is calculates based on the paying parent’s “monthly net resources” and a formula to determine the guideline child support amount that should be paid. Recently the cap (or maximum) on the monthly net resources of the paying parents was updates to $11,700. This change affects the guideline child support amounts and is important to both paying and receiving parents to understand.

How Texas Calculates guideline child support (the basics)

  • “Monthly net resources” = gross income from any source minus allowable deductions (federal income tax based on filing status and allowances, Social Security taxes, union dues, and other permitted deductions under the Texas Family Code).
  • Guideline percentages of monthly net resources are then applied:
    • 1 child = 20%
    • 2 children = 25%
    • 3 children = 30%
    • 4 children = 35%
    • 5 children 40%
    • 6+ children = at least 40% (court may order more)
  • Health insurance premiums for the child and work – related childcare costs are typically permitted deductions.

What the new $11,700 cap means

  •  The guidelines percentages are applied up to a monthly net-resources cap $11,700. (Practically, that means the formula. produces higher dollar amount than under a lower cap, but the percentages themselves have not changed.)
  • Example calculations using the $11,700 cap:
    • 1 child: 20% of $11,700 =$2,340/month
    • 2 children: 25% of $11,700 = $ 2,925/month
    • 3 children: 30% of $11,700 = $3,510/month
    • 4 children: 35% of $11,700 = $4,095/month
    • 5 children: %40 of $11,700 = $4,680/month
  • If a parent’s actual monthly net resources exceed $11,700, the statutory guideline amounts are calculated using the cap; the court still has the authority to order a higher amount when the circumstances justify it (e.g., very high income, extraordinary needs of the child).

Multiple families / other support obligations

  • If a parent supports other children from different relationships, the court considers those existing obligations when setting a new support order. The law provides mechanisms to ensure that support apportioned fairly among all the children. A different percentage will be applied to determine child support when there are multiple families.

Deviation from the guideline

  • Texas courts may deviate from the statutory guideline amount for good cause and in the child’e best interest, Common reasons include significant overnight possession by the nonpaying parent, extraordinary needs of the child, or where the obligor’s capacity to pay differs from what the caps/deductions reflect.
  • If income is significantly higher than the cap, the court may order an amount above the guideline.

Modification, enforcement, and practical notes

  • Modification: Either parent can ask for a modification if circumstances have materially and substantially changed (for example, income increases/decreases, job loss, or child’s needs change). Each case depends on the facts and timing.
  • Enforcement: Common enforcement methods include income withholding orders, contempt proceedings, liens, suspension of driver’s or professional licenses, intercept of tax refunds, and other remedies.
  • Arrearages accrue interest and can lead to enforcement actions if unpaid.

 

A family law attorney can review your income documentation, explain allowable deductions, run accurate calculations, advise on deviations or modifications, and represent your interests in court if needed. Keeping accurate records can make the process a lot smoother – gather recent pay stubs, tax returns, proof of health insurance and childcare costs, and records of any other support obligations. Discussing all of your options with an attorney can help you better understand how the change may affect your family.

Don’t wait – timely advice can protect your child’s financial needs and your legal rights.