For 2026, the Texas child support cap has increased from $9,200 to $11,700 in monthly net resources. This means courts can now base child support calculations on a higher portion of a parent’s income, potentially increasing monthly obligations by hundreds of dollars for higher-earning parents.
This marks the first adjustment since 2019 and will affect families across the state. Whether you pay or receive child support, this change could have a real financial impact on your family. Here’s what you need to know.
At Varghese Summersett, our family law team handles child support modifications, enforcement, and custody matters with skill and compassion. Led by Partner Turner Thornton, our family law attorneys have guided hundreds of families through complex support issues. With offices in Fort Worth, Dallas, and Southlake, we proudly serve families across North Texas.
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But first, please watch this video by Attorney Hailey Klingbeil explaining the new child support cap and what it means for Texas families.
Watch: 2026 Texas Child Support Cap Explained
What Is the New Texas Child Support Cap?
Effective September 1, 2025, the cap on monthly net resources used to calculate guideline child support under Texas Family Code § 154.125 rose 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.
The cap 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 pays 20 percent of their monthly net income, up to the cap. With the new cap, that same calculation applies to a higher income ceiling, which could significantly increase monthly child support for higher-earning parents.
While this change affects the guidelines, courts still have discretion to deviate in certain circumstances. For most families, however, this adjustment will be the default starting point and could result in substantial changes to support amounts if a parent seeks a modification after the law takes effect.
Free Tool: 2026 Child Support Calculator
What Are “Net Resources” Under Texas Law?
Under Texas Family Code § 154.062, “net resources” are the income courts use to calculate child support. They go beyond just your take-home pay from wages.
Income that counts: Wages, salary, overtime, commissions, bonuses, rental income, dividends, self-employment income, retirement income, and most other income sources.
Income excluded: Means-tested public assistance (like TANF, SSI, or SNAP) and foster care payments.
Certain deductions are then 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
- The cost of the child’s health and dental insurance
In simple terms: net resources equal total income minus allowed deductions. This is the figure courts use when applying the guideline percentages. You can estimate your obligation using our Texas child support calculator.
How Does the Texas Child Support “Cap” Work?
In Texas, the child support “cap” is the maximum amount of a parent’s monthly net income that courts consider when calculating support under the state’s standard guidelines.
Courts 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. Those percentages only apply up to the cap. 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 is not included unless the court determines additional support is necessary based on the child’s specific needs.
New 2025 Maximum Guideline Child Support Amounts
Based on the new 2025 cap of $11,700 in monthly net resources:
| # of Children | % of Net Resources | Maximum Monthly Support |
|---|---|---|
| 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 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.
Texas Register: Official Notice of the Cap Increase
Why Does the New Texas Child Support Cap Matter?
The upcoming change is not just a technical adjustment. It could have a real financial impact on both paying and receiving parents.
For higher-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 will not change automatically. You will need to request a formal modification through the court to benefit from the increase.
Who Does the New Texas Child Support Cap Affect?
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 finalized after September 1, 2025, will be governed by the new $11,700 cap.
Existing orders will not change automatically. To benefit from (or respond to) the new law, you will need to take formal action.
Protect what matters most. If the new Texas child support cap could impact your family, talk to an experienced family law attorney at Varghese Summersett. Call (817) 203-2220 to schedule a consultation.
What Must a Parent Prove to Modify Child Support in Texas?
Under Texas Family Code § 156.401, a parent seeking to modify child support must establish one of two things:
Option 1: Material and substantial change in circumstances. The parent filing the modification must show, by a preponderance of the evidence (meaning more likely than not), that circumstances have materially and substantially changed since the last order was signed. The increase in the Texas child support cap qualifies as such a change.
Option 2: Three-year rule. If three or more years have passed since the order was last modified (or established), and the monthly amount under the current guidelines differs from the existing order by either 20% or $100, whichever is greater, the court may modify the order.
The burden of proof falls on the parent requesting the modification. The standard of proof is preponderance of the evidence. The guiding principle in every child support matter remains the best interest of the child under Texas Family Code § 153.002.
A higher cap does not guarantee every order will be adjusted. Courts must still determine whether a modification is appropriate based on the facts of each case, including the child’s proven needs, other financial obligations, and agreements already in place.
How Do You Request a Child Support Modification?
If you believe the new child support cap could impact your case, you will need to take formal steps. Child support does not change automatically when the law changes. Here is how the process generally works:
1. 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 formally notifies the court and the other parent that you are seeking a change.
2. Provide Updated Financial Information. You will 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.
3. 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.
4. 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.
5. Work with an Experienced Attorney. 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 outcome for you and your child.
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 apply the guideline percentages to.
If your income is below $11,700, the cap itself does not change your calculation. The same guideline percentages apply to your actual net resources. The only difference under the new law is that higher-income parents will have more of their income included in the calculation.
What the New Cap Does Not Change
While the new cap may present opportunities for parents to seek higher support or may increase obligations for others, there are limits to what the law does:
- No automatic updates: Existing orders will not 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.
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.
Why You Should Act Now
If you are a custodial parent and the other parent earns more than $9,200 per month, a modification could result in significantly increased support. 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.
Take the first step toward resolution. Call (817) 203-2220 to speak with a Varghese Summersett family law attorney about how the new child support cap affects your family.
What to Expect from Varghese Summersett
When you hire Varghese Summersett’s family law team, you get more than legal representation. You get a partner who understands what is at stake. Our family law attorneys handle child support modifications, enforcement actions, custody disputes, and every other aspect of Texas family law with both skill and compassion.
Our family law division is led by Partner Turner Thornton, a skilled negotiator, experienced litigator, and licensed mediator who has guided hundreds of families through their most difficult times. Our team also includes Partner Dena L. Wilson, a seasoned trial lawyer with more than 20 years of family law experience. With over 70 team members across four offices in Fort Worth, Dallas, Southlake, and Houston, we have the resources and the resolve to protect your family’s interests.
From your first consultation through final resolution, we keep you informed, prepared, and confident about your next steps.
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Frequently Asked Questions About the New Texas Child Support Cap
When does the new Texas child support cap take effect?
The new cap takes effect on September 1, 2025. All child support orders finalized on or after that date will use the updated $11,700 monthly net resources cap.
Will my existing child support order change automatically?
No. Existing child support orders will not change automatically. A parent must file a petition to modify with the court to have the new cap applied to an existing order.
Can the new cap be used as grounds for a child support modification?
Yes. The increase in the child support cap is considered a “material and substantial change in circumstances” under Texas law. Either parent can file a motion asking the court to modify an existing order based on the new cap.
What if the paying parent earns less than $9,200 per month?
If the paying parent’s net monthly income is below $9,200, this change will not affect their child support obligation. The new cap only impacts parents whose income exceeds $9,200 per month in net resources.
How much could child support increase under the new cap?
For one child, the maximum guideline support increases from $1,840/month to $2,340/month (a $500 increase). For two children, the maximum rises from $2,300 to $2,925 (a $625 increase). Actual increases depend on the paying parent’s income and the specific facts of the case.
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Let us guide you through this. Call Varghese Summersett at (817) 203-2220 to discuss the new Texas child support cap and how it may affect your family.
