Changes to Child Support Payments Effective September 1, 2025
Attention parents who pay or receive child support: Beginning September 1, a major update to the Texas child support cap will take effect, increasing the maximum net resources courts may consider when calculating guideline child support.
Texas’ child support cap is increasing from $9,200 to $11,700, which means courts can base child support calculations on a higher portion of a parent’s income than ever before.
This marks the first adjustment since 2019 and will impact families across the state. In this article, the child support attorneys at Varghese Summersett explain the change to Texas child support, who it will affect, and what you should do if you believe a child support modification is in order.
Whether you’re a paying parent whose income exceeds the current cap or a recipient who believes a modification may be warranted, it’s crucial to understand how the new Texas child support cap could impact your child support. This is a must-read for any parent paying or receiving child support in Texas.
Understanding the Change to the Texas Child Support Cap
Beginning September 1, 2025, the cap on monthly net resources used to calculate guideline child support under Texas Family Code § 154.125 will rise from $9,200 to $11,700. This change accounts for inflation and the increasing costs of raising children in Texas, including housing, childcare, education, and healthcare.
This statutory cap is critical because it sets the maximum income level courts use when applying guideline percentages to calculate child support. Under the current guidelines, a noncustodial parent with one child is expected to pay 20 percent of their monthly net income, up to the cap. With the new cap, that same calculation will apply to a higher income ceiling, which could significantly increase monthly child support obligations for higher-earning parents.
It’s important to note that while this change affects the guidelines, courts still have discretion to deviate from them in certain circumstances. However, for most families, this adjustment will be the default starting point — and it could result in substantial changes to support amounts if a parent seeks a modification after the law takes effect.
What Are “Net Resources”?
Under Texas Family Code § 154.062, “net resources” are the income courts use to calculate child support. They are not just your take-home pay from wages — the law defines them broadly:
Included: wages, salary, overtime, commissions, bonuses, rental income, dividends, self-employment income, retirement income, and most other income sources.
Excluded: means-tested public assistance (like TANF, SSI, or SNAP) and foster care payments.
Then, certain deductions are subtracted to reach “net resources,” including:
- Federal income tax (calculated as if the parent is a single person using the standard deduction),
- Social Security taxes (or mandatory retirement contributions if not paying into Social Security),
- Union dues, and
- The cost of the child’s health and dental insurance.
Net Resources in plain terms: Net resources = total income – allowed deductions.
Texas Register: Changes to Net Resources Taking Effect Sept 1, 2025
What Does the Texas Child Support “Cap” Mean?
In Texas, the child support “cap” refers to the maximum amount of a parent’s monthly net income that courts consider when figuring out child support payments under the state’s standard guidelines.
When courts calculate child support, they apply a fixed percentage of the paying parent’s (obligor’s) monthly net income — 20% for one child, 25% for two children, 30% for three, 35% for four, and 40% for five or more.
However, those percentages are only applied up to the cap. That means, starting in September, guideline support will be calculated using a maximum of $11,700 per month in net income.
For parents who earn more than the cap, only the first $11,700 is automatically factored into the calculation. Income above that amount isn’t included unless the court determines that additional support is necessary based on the child’s specific needs.
Example:
- For one child, the maximum guideline support will be 20% of $11,700 = $2,340 per month.
- For two children, the maximum is 25% of $11,700 = $2,925 per month.
- For three children, the maximum is 30% of $11,700 = $3,510 per month.
This cap is intended to provide consistency and fairness in child support orders, while still allowing courts flexibility to adjust when unique circumstances call for it.
New 2025 Texas Child Support Guidelines
*Based on the new 2025 cap of $11,700 in monthly net resources.
| # of Children | % of Net Resources | Monthly Support Amount |
|---|---|---|
| 1 Child | 20% | $2,340/month |
| 2 Children | 25% | $2,925/month |
| 3 Children | 30% | $3,510/month |
| 4 Children | 35% | $4,095/month |
| 5+ Children | 40% | $4,680/month |
These percentages apply only to the first $11,700 of the obligor’s (paying parent’s) net monthly income. Courts may consider income above this cap, but guideline percentages are not automatically applied beyond that threshold. Instead, courts evaluate the child’s proven needs and the obligor’s ability to pay.
These amounts reflect the standard guidelines for one household; adjustments apply if the obligor supports children in multiple households or qualifies for low-income guidelines.
What are Considered Net Resources?
Net resources are defined under Texas Family Code § 154.062 and basically include most sources of income to determine child support obligations. They include:
- Wages, salaries, and commissions
- Bonuses, rental income, dividends, and investments
- Business and self-employment income
From that total, certain deductions are allowed, including:
- Social Security taxes
- Federal income tax (based on a single person with one exemption)
- Health or dental insurance premiums for the child
- Union dues
- Mandatory retirement contributions (if not paying into Social Security)
In short, net resources = income minus allowable deductions. This is the figure courts use when applying the guideline percentages.
Why the New Texas Child Support Cap Matters
The upcoming change to the Texas child support cap isn’t just a technical adjustment — it could have a real financial impact on both paying and receiving parents. Understanding how it applies is key to making informed decisions about your family’s future.
For High-Income Parents: If you earn more than $9,200 in monthly net income, this law directly affects you. Courts will now apply guideline percentages to a higher amount — up to $11,700. That means your monthly obligation could increase by several hundred dollars, depending on the number of children you support.
For Custodial Parents: If you currently receive child support that was calculated under the $9,200 cap and the other parent earns more than that amount, you could be entitled to a higher payment once the new cap takes effect. However, your support order won’t change automatically — you will need to request a formal modification through the court to benefit from the increase.
Texas New Child Support Cap: Who is Affected?
The change to the child support cap will not apply the same way to everyone. Whether you are currently paying or receiving support — or expect to have a case in the near future — its impact depends on the status of your order.
- New Cases: All child support orders finalized on or after September 1, 2025, will use the updated $11,700 cap.
- Existing Orders: Orders finalized before this date will remain calculated under the old $9,200 cap unless a parent requests — and the court grants — a modification.
- Pending Cases: Modifications and pending matters that are finalized after September 1, 2025, will be governed by the new $11,700 cap.
In short, existing orders won’t change automatically. To benefit from (or respond to) the new law, you will need to take formal action.
Is the New Cap a Basis for Child Support Modification?
Yes. A parent can seek modification if (a) there’s a material and substantial change in circumstances or (b) three years have passed and the guideline amount differs by ≥20% or ≥$100.
The increase in the Texas child support cap is considered a “material and substantial change in circumstances” under Texas law. This gives either parent the right to file a motion asking the court to modify an existing child support order.
That said, a higher cap does not mean every order will automatically be adjusted. Courts must still determine whether a modification is appropriate based on the facts of each case. The guiding standard in every child support matter remains the same: what is in the best interest of the child.
For example, if the paying parent earns significantly more than $9,200 per month in net income, the new cap could increase the guideline amount. However, the court will also consider other factors — such as the child’s proven needs, other financial obligations, or agreements already in place — before granting a modification.
In other words, while the new law opens the door for modifications, it does not guarantee them. Parents who believe they may be affected should speak with an experienced child support attorney to determine whether seeking a modification is likely to succeed.
How to Request a Modification
If you believe the new child support cap could impact your case, you’ll need to take formal steps to update your order. Child support does not change automatically when the law changes — you must ask the court for a modification. Here’s how the process generally works:
- File a Petition to Modify: The first step is to file a petition to modify child support with the same court that issued your current order. This filing formally notifies the court — and the other parent —that you are seeking a change.
- Provide Updated Financial Information: You’ll need to submit proof of your current income and expenses. This typically includes recent pay stubs, W-2s or 1099s, tax returns, and documentation of allowable deductions (such as health insurance premiums or union dues). The court will use this information to recalculate support under the updated cap.
- Work with the Office of the Attorney General (OAG): Parents can also request a review through the Texas OAG’s Child Support Division by submitting a “Request for Review.” The OAG may help adjust the order if it determines the change is warranted. However, this process can take time and is not always as flexible as going directly through the court with an attorney.
- Participate in Mediation or a Hearing: In some cases, parents may resolve the matter through negotiation or mediation without a contested hearing. If no agreement is reached, the court will hold a hearing where both sides can present financial evidence, and a judge will decide whether to modify the order.
- Don’t Go It Alone: While it is possible to request a modification on your own, child support law is complex, and mistakes can cost you time and money. An experienced family law attorney can guide you through the process, ensure your financial information is presented correctly, and advocate for the best possible outcome for you and your child. We can help. At Varghese Summersett, our family law team has extensive experience handling child support matters, including modifications, and we are here to guide you every step of the way.
What If I Earn Less Than $9,200 Per Month?
If your income is below the previous cap of $9,200 per month, this change will not affect your child support obligation. The updated law only impacts parents whose net monthly resources exceed $9,200, because the cap increase raises the ceiling on how much income courts will automatically apply the guideline percentages to.
If your income is below $11,700, the cap itself doesn’t change your calculation; the same guideline percentages apply to your actual net resources.
In other words, if you make less than $9,200 per month in net resources, your child support will still be calculated the same way it always has —based on a percentage of your income. The percentages (20% for one child, 25% for two, 30% for three, and so on) remain the same.
The only difference under the new law is that higher-income parents will have more of their income included in the calculation.
Important Considerations: New Texas Child Support Cap
While the upcoming increase in the child support cap may present opportunities for parents to seek higher support — or may increase obligations for others —it’s important to understand what this law does not do. Here are some key points to keep in mind:
- No Automatic Updates: Existing orders won’t adjust automatically. A parent must initiate a formal modification to reflect the new cap.
- No Retroactive Changes: Modifications apply only to future payments. Courts do not apply the new guideline retroactively to past due or already-paid support.
- No Change to Medical Support Rules: The new cap does not affect medical or dental support calculations. These remain based on necessity and ability to pay.
Bottom line: The new Texas child support cap can have a significant impact, but only if action is taken. Parents who believe they may be affected should consult with an experienced family law attorney to determine whether a modification is appropriate and how best to protect their financial interests and their child’s well-being.
Why You Should Act Now
If you’re a custodial parent and the other parent earns more than $9,200 per month, a modification could result in significantly increased support. On the other hand, if you are the paying parent and your income exceeds that amount, you may want to review your finances and plan for potential changes.
If you are unsure how the new Texas child support cap impacts your case, consult with an experienced family law attorney. Preparation is key. A seasoned attorney can evaluate your case and determine whether a modification is in your child’s best interest. We can help.
How Varghese Summersett Can Help
Navigating child support issues requires a deep understanding of Texas family law. We handle child support modifications, enforcement, and custody matters with skill and compassion. With offices in Fort Worth, Dallas, and Southlake, we proudly serve families across North Texas. Call us today at 817-203-2220 or visit versustexas.com to schedule a consultation.
