If you are in a child custody dispute, you may wonder if Texas has a maximum child support amount. Yes, there usually is one. Learn about the cap on child support payments in the following article. If you have child support questions, our Dallas child support attorneys at Orsinger, Nelson, Downing & Anderson can help.
Overview Of Child Support In Texas
With few exceptions, child support in Texas is based on the paying party’s net income from all sources.
Most employers are also required by Texas law to withhold child support from your paycheck and if ordered, back child support and medical support. Income that is subject to child support withholding are:
- Wages, overtime, tips, commission, and self-employment income;
- SSDI and VA disability;
- Social Security retirement;
- Worker’s comp benefits; and
- Self-employment from ride-sharing or delivery apps
A paying party is required in most cases to pay child support until the later date of when the last child turns 18 or graduates from high school. If there is back child support to pay (arrears), payments will continue even after your child turns 18, and until you have paid the debt.
The basic percentage guidelines for child support payments in Texas, where only a single order exists and all children of the paying party are before the Court, are:
- 1 child: 20% of net monthly income
- 2 children: 25% of net monthly income
- 3 children: 30% of net monthly income
- 4 children: 35% of net monthly income
- 5+ children: 40% of net monthly income
To increase or decrease one’s child support payment, you must show a significant change in circumstances for the parents or child. If a parent who pays child support has children from another relationship, the percentages noted above can lower by a bit.
Noncustodial Parent Responsible For Child Support
In Texas, primary physical custody often determines which parent makes child support payments. While the family court judge can order either or both parties to financially support a child, the parent with the least time with the child usually makes child support payments.
However, just because the “noncustodial” parent makes child support payments, this does not mean the other parent does not have a duty to support the child or is not required to pay their own funds to raise the child. Both parents are required to support the child by spending directly for child-rearing costs.
Maximum Child Support Amount In Texas
There IS a presumptive cap on Texas child support, and it is revised every six years. On September 1, 2019, the “maximum” monthly net resources to calculate child support was increased from $8,550 to $9,200.
As noted above, the Texas Family Code has guidelines for a ‘soft cap’ on the monthly amount of child support, which means the courts do not typically order child support payments that are more than those percentages outlined herein. This policy, in theory, allows for child support to be determined according to each family’s specific needs.
So, yes, Texas usually DOES have a cap on child support payments, but there are exceptions to the general rule.
Contact Our Dallas Child Support Attorneys
Child support is often one of the most challenging parts of a divorce. Whether you need to make child support payments or want to receive it, you will be helped immensely by retaining an experienced attorney to advocate for your rights. If you have questions about your case, contact our Dallas child support attorneys at Orsinger, Nelson, Downing & Anderson at (214) 273-2400.