Most people don’t realize Texas just raised its child support cap. Seriously. And if you’re paying or receiving child support, this could mean hundreds more dollars every month. Let’s break down exactly what changed and what you need to know.
The biggest news? The income cap jumped from $9,200 to $11,700 per month in September 2025. That’s a massive $2,500 increase. For families with higher-earning parents, this translates to significantly different payment amounts. We’re talking real money here.
What Is Child Support in Texas?
Child support is money one parent pays to help cover a child’s expenses. It pays for basics like food and clothes. It also covers school supplies, medical care, and other needs.
Texas calculates support differently than most states. The state uses something called the “income percentage model.” Basically, the state looks at the paying parent’s income and applies a percentage. The more kids you have, the higher the percentage.
Here’s the deal. The percentages haven’t changed. But the cap on income used for calculations? That went way up.
Basic Child Support Calculation
The math is actually pretty straightforward. Texas takes a percentage of your net monthly income.
For one child, you pay 20% of your net income. Two kids costs you 25%. Three children means 30% of your income. Four kids is 35%, and five or more children means 40%.
Sound complicated? It’s actually not.
Here’s an example. Say you earn $5,000 per month after taxes. If you have two kids, you’d pay 25% of that. That’s $1,250 per month in child support.
But there’s a catch. The state only counts income up to the cap. Before September 2025, that cap was $9,200 per month. Now it’s $11,700.
The New Income Cap for 2026
Okay, pause. Read this carefully.
Starting September 1, 2025, Texas raised the maximum income considered for child support calculations. The old cap was $9,200 per month. The new cap is $11,700 per month.
This change affects new cases filed after September 1, 2025. It also applies to modifications finalized after that date.
Let me break down what this means in real dollars. For one child at the old cap, the maximum was $1,840 per month. Under the new cap, it’s $2,340 monthly. That’s a $500 increase.
For two children, the old maximum was $2,300. Now it’s $2,925. For three kids, it jumped from $2,760 to $3,510 monthly.
Pretty significant, right?
The percentages didn’t change. What changed is how much income gets counted. Higher earners now have more of their income on the table for support calculations.
When Does the New Cap Apply?
Timing matters enormously.
Any new child support case filed on or after September 1, 2025 uses the new cap. Modification requests finalized after that date also use the higher limit.
But here’s where it gets interesting. Existing orders finalized before September 1, 2025 don’t automatically change. Your current support amount stays the same unless someone files for a modification.
Wondering if this applies to you? If your order is from before September 2025 and the paying parent earns more than $9,200 monthly, you might want to explore a modification. Honestly, this is the part most people miss.
How Net Resources Are Calculated
Texas doesn’t just look at your paycheck. The state considers almost all income sources when calculating “net resources.”
Net resources include wages and salary. They also count bonuses, commissions, overtime pay, tips, and self-employment income. Even rental income, interest, dividends, and royalties get counted.
Then Texas subtracts certain things. Federal income tax comes out. Social Security taxes are deducted. The cost of health insurance for your child is subtracted too. Union dues can be deducted if required for employment.
Basically, net resources mean most of your income minus allowable deductions. This is the number courts use when applying those percentages.
It’s worth noting that the calculation process is detailed. You’re not alone in finding this confusing.
Child Support Enforcement in Texas
Texas takes child support enforcement extremely seriously. Trust me, this works.
The Texas Attorney General’s Office handles most enforcement. They have powerful tools available. And they’re not shy about using them.
If you fall behind on payments, several things can happen. The state can garnish your wages directly from your paycheck. They can suspend your driver’s license. Professional licenses, hunting licenses, and fishing licenses can all be suspended too.
The Attorney General can place liens on your property. Bank accounts can be frozen. Tax refunds get intercepted. Even lottery winnings can be seized for unpaid support.
Wait, it gets more serious.
Parents who deliberately avoid paying can face contempt of court charges. This can mean jail time. We’re talking up to six months in county jail for contempt.
In extreme cases, criminal charges are possible. Willfully failing to pay child support is a state jail felony in Texas. This carries six months to two years in prison and fines up to $10,000.
The distinction between contempt and criminal charges matters. Contempt focuses on getting you to pay. Criminal nonsupport creates a permanent record that affects employment, housing, and professional opportunities for years.
Modifying an Existing Support Order
You can’t just decide to pay less. Or demand more. Changes require court approval.
Texas law allows modifications in specific situations. You must show a “material and substantial change in circumstances.” Or you can use the three-year rule.
The three-year rule is simpler. If three years have passed since your last order, you can request a review. The new amount must differ by at least 20% or $100 from the current order.
Material and substantial changes include several situations. Job loss qualifies. A significant pay increase or decrease counts. Getting laid off, becoming disabled, or having additional children all qualify as substantial changes.
Changes in the child’s medical insurance coverage matter. If your child develops new medical needs, that’s a substantial change. Even changes in custody arrangements can justify a modification.
Here’s what you need to do. Gather financial documentation first. Collect recent pay stubs, tax returns, and proof of income. Have records of medical expenses if relevant.
Then file a petition with the court. You can also use the Child Support Review Process through the Attorney General’s office. The CSRP is faster if both parents agree to negotiate.
Important point: modifications only apply going forward. They don’t erase past-due amounts. If you’re behind on payments, those arrears still exist and continue gaining interest at 6% annually.
Special Circumstances and Exceptions
Not every situation fits the standard calculation. Courts have discretion to deviate from guidelines when circumstances warrant it.
If a parent intentionally remains unemployed or underemployed to avoid payments, courts can intervene. A 2023 law gave family courts power to order parents to seek employment actively. Courts can even order participation in community employment programs.
For parents with income above the cap, courts can consider the child’s actual needs. Just because someone earns $20,000 monthly doesn’t mean they’ll pay unlimited support. Courts look at what the child actually requires beyond the guideline amount.
Low-income parents have different rules too. Texas has special low-income guidelines for parents with limited resources. These ensure even parents struggling financially contribute something.
Incarceration affects child support. If a parent goes to jail, they can’t typically pay. After release, the Attorney General’s Office reviews the order to determine if modification is necessary.
What Happens If You Can’t Pay
Struggling to make payments? Don’t just stop paying.
If you ignore the problem, it gets worse fast. Arrears accumulate. Interest adds up at 6% annually. Enforcement actions escalate quickly.
Contact the Child Support Division immediately if you’re having trouble. Explain your situation. They may work with you on a payment plan.
File for modification right away if your income dropped significantly. Don’t wait. Support obligations don’t automatically adjust when you lose your job or get sick.
Courts want to see that you tried. Document your job search if unemployed. Keep records of medical issues preventing work. Show you’re making an effort, not deliberately avoiding responsibility.
Even partial payments help. Paying something is always better than paying nothing. It demonstrates good faith and can prevent the most serious enforcement actions.
The Texas Attorney General even maintains a public list of parents delinquent on payments. Nobody wants to end up on that list.
Child Support and Custody Are Separate
Hold on, this part is important.
In Texas, child support and visitation rights are completely separate issues. Seriously. You can’t withhold one because of problems with the other.
If you’re owed child support and the other parent isn’t paying, you still can’t deny them visitation. If they’re blocking your time with your child, you still have to pay support.
Each issue requires separate legal action. Support enforcement goes through the Attorney General or district court. Custody and visitation violations need separate motions.
How to Request Child Support
If you don’t have a support order yet, you can request one through the Attorney General’s office. Their services are free for Texas residents.
You can also hire a private attorney to handle the case. This costs money but might move faster and give you more control over the process.
The Attorney General’s Child Support Division handles thousands of cases. They establish paternity if needed. They locate absent parents. They establish support orders and enforce them.
You’ll need certain documents. Birth certificates for the children. Social Security numbers. Information about the other parent’s employment and income if you have it.
The process involves establishing the legal parent-child relationship first. Then income is verified. Finally, the court sets the support amount based on state guidelines.
When Child Support Ends
Child support typically ends when your child turns 18. Or when they graduate from high school, whichever comes later.
If your child turns 18 before graduating high school, support continues until graduation. But it won’t extend through college. Texas doesn’t require child support for college expenses unless specifically agreed to in writing.
Support can continue past age 18 for children with disabilities. If the child needs substantial care and support due to mental or physical disability, support may continue indefinitely.
Resources and Help
The Texas Attorney General’s Child Support Division is your main resource. They handle enforcement, modifications, and new cases.
You can reach them at 800-252-8014. Their website has calculators and forms. You can submit modification requests online.
Texas Law Help offers free legal information and forms. They have guides for representing yourself in family court. The site includes modification toolkits and instructions.
Local district courts handle child support cases too. Each county has a family law division. They can help with filing motions and scheduling hearings.
If you need legal representation, contact a family law attorney. Many offer free consultations. Some work on sliding scale fees based on income.
Frequently Asked Questions
Can child support be modified after the September 2025 cap increase?
Yes. The cap increase qualifies as a material and substantial change. Either parent can file for modification if the paying parent’s income exceeds the old $9,200 cap.
What if I lost my job and can’t pay child support?
File for modification immediately. Support obligations don’t automatically pause when you lose income. Document your job search and file a modification petition right away to avoid arrears building up.
Does child support cover college expenses in Texas?
No. Texas child support typically ends at age 18 or high school graduation, whichever is later. It doesn’t automatically extend through college unless both parents agreed to it in writing.
Can I go to jail for not paying child support?
Yes. Courts can hold you in contempt for up to six months. In extreme cases, willful nonpayment is a state jail felony carrying six months to two years in prison.
How often can I request a child support modification?
You can request modification anytime there’s a material and substantial change in circumstances. You can also request review every three years if the amount differs by 20% or $100 from guidelines.
Final Thoughts
Texas child support laws changed significantly in 2025. The new income cap affects thousands of families. Whether you’re paying or receiving support, understanding these changes matters.
If your current order was set before September 2025, look into whether a modification makes sense. Gather your financial documents. Talk to an attorney if needed.
Don’t ignore problems or hope they go away. Whether you can’t afford payments or aren’t receiving what you’re owed, take action. The system has options, but only if you use them.
Stay informed, keep good records, and when in doubt, consult a family law attorney who knows Texas law.
References
- Texas Family Code Chapter 154 – Child Support Guidelines https://statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm
- Texas Attorney General – Child Support Division https://www.texasattorneygeneral.gov/child-support
- Texas Family Code Chapter 156 – Modification of Child Support Order https://statutes.capitol.texas.gov/Docs/FA/htm/FA.156.htm
- Texas Attorney General – Child Support Enforcement https://www.texasattorneygeneral.gov/child-support/child-support-enforcement
- Texas Law Help – Modifying Child Support Orders https://texaslawhelp.org/article/changing-a-child-support-order
