News & Commentary

Texas Child Support Cap Rises 27% to $11,700 in 2026: What Parents Need to Know

Texas raises child support cap from $9,200 to $11,700 monthly—first increase since 2019. Learn how the new guidelines affect your payments.

By Antonio G. Jimenez, Esq.Texas7 min read

Texas Raises Child Support Cap 27% to $11,700—First Increase in Seven Years

Texas has enacted its first child support guideline increase since 2019, raising the monthly net resources cap from $9,200 to $11,700 effective September 1, 2025. For parents with one child and income above the cap, the guideline maximum payment jumps from $1,840 to $2,340 per month—a $500 monthly increase that accounts for inflation and rising childcare costs across the state.

Key FactsDetails
What happenedTexas increased the child support net resources cap by 27%
Effective dateSeptember 1, 2025
Previous cap$9,200 per month
New cap$11,700 per month
Key statuteTex. Fam. Code § 154.125
ImpactMaximum guideline support for one child rises from $1,840 to $2,340/month

Why This 27% Increase Matters for Texas Families

The Texas Legislature adjusts the child support cap every six years under Tex. Fam. Code § 154.125, though this update came after a seven-year gap from the 2019 adjustment. According to The Overstreet Law Firm's analysis, the increase reflects cumulative inflation of approximately 23% since the last adjustment, plus rising costs for childcare, healthcare, and education that Texas families face in 2025.

The cap applies to the obligor's monthly net resources—gross income minus taxes, health insurance premiums, and union dues. Under Tex. Fam. Code § 154.125(a), courts apply fixed percentages to net resources based on the number of children: 20% for one child, 25% for two children, 30% for three children, 35% for four children, 40% for five children, and not less than 40% for six or more children.

For a parent earning above the new $11,700 cap with two children, the guideline maximum increases from $2,300 per month ($9,200 × 25%) to $2,925 per month ($11,700 × 25%)—a $625 monthly difference that adds up to $7,500 annually.

How Texas Courts Calculate Child Support Under the New Guidelines

Texas courts follow a straightforward formula under Tex. Fam. Code Chapter 154. The court first determines the obligor's gross monthly income from all sources, then subtracts allowable deductions to calculate net resources. The applicable percentage based on the number of children is then applied to the net resources, up to the $11,700 cap.

For parents earning below the cap, nothing changes in terms of calculation methodology. A parent with $6,000 in monthly net resources and one child still owes $1,200 per month (20% of $6,000). The increase only affects those earning above $9,200 per month in net resources, which represents approximately the top 15% of Texas earners according to Bureau of Labor Statistics data from 2024.

Courts retain discretion under Tex. Fam. Code § 154.126 to deviate from guidelines when applying the percentage to only the first $11,700 would be unjust or inappropriate. In high-income cases, courts may consider the proven needs of the child and order support above guideline amounts if evidence supports higher expenses for education, extracurricular activities, or special needs.

Existing Orders May Qualify for Modification

Parents with child support orders established before September 1, 2025 may petition for modification under Tex. Fam. Code § 156.401. Texas law allows modification when circumstances have materially and substantially changed since the last order, or when at least three years have passed and the current order differs from guideline calculations by 20% or $100 per month—whichever is greater.

The new cap creates an automatic basis for modification in many high-income cases. A custodial parent whose 2022 order was based on the $9,200 cap can now argue that the obligor's income above that amount should be included in calculations up to $11,700. If the obligor earned $11,700 or more in 2022, the difference between the old $1,840 guideline (one child) and new $2,340 guideline exceeds both the 20% threshold and the $100 threshold.

Modification is not automatic, however. The requesting parent must file a petition with the court that issued the original order, serve the other parent, and either reach an agreement or proceed to a hearing. Courts typically take 60 to 120 days to resolve contested modification cases in Texas metropolitan areas, though rural counties may move faster due to lighter dockets.

Practical Takeaways for Texas Parents

  1. Review your current order against the new guidelines if it was established before September 2025 and the obligor earns above $9,200 monthly in net resources. Calculate whether the difference meets the 20% or $100 modification threshold under Tex. Fam. Code § 156.401.

  2. Gather income documentation before filing for modification, including the obligor's tax returns, pay stubs, and evidence of any additional income sources. Texas courts require verified financial information through a sworn financial statement.

  3. Consider mediation before contested litigation. The Texas Family Code encourages alternative dispute resolution, and many parents reach modified agreements within one or two mediation sessions at costs ranging from $500 to $2,000—significantly less than contested court proceedings averaging $5,000 to $15,000 in attorney fees.

  4. Understand that modifications apply prospectively from the date of filing, not retroactively. File promptly if you believe you qualify for an increase, as you cannot recover support that would have been owed before your petition date.

  5. Document any child-related expenses that exceed typical costs if you plan to request above-guideline support under Tex. Fam. Code § 154.126. Private school tuition, medical expenses not covered by insurance, and competitive sports or arts programs may justify deviation from guidelines.

Frequently Asked Questions

When does the new $11,700 child support cap take effect in Texas?

The new $11,700 monthly net resources cap took effect September 1, 2025. All new child support orders entered after this date must use the updated cap under Tex. Fam. Code § 154.125. Existing orders remain in effect at their current amounts until a party files for modification and the court enters a new order.

How much more child support will high-earning parents pay under the new guidelines?

Parents earning above the previous $9,200 cap will see guideline increases of up to $500 per month for one child (from $1,840 to $2,340) and up to $625 per month for two children (from $2,300 to $2,925). The exact increase depends on actual income—parents earning between $9,200 and $11,700 will see proportionally smaller increases based on where their income falls within that range.

Can I modify my child support order based solely on the new cap increase?

Yes, if your order is at least three years old and the new guidelines would change your support amount by 20% or $100 per month. Under Tex. Fam. Code § 156.401, the cap increase alone can constitute a material and substantial change in circumstances when combined with the three-year rule. You must file a modification petition with the court that issued your original order.

Does the new cap apply to parents earning below $9,200 per month?

No, the cap increase only affects parents with monthly net resources above $9,200. If you earn below the previous cap, your child support calculation remains unchanged—Texas courts still apply the same percentages (20% for one child, 25% for two, etc.) to your actual net resources rather than a capped amount.

What counts as net resources for Texas child support calculations?

Net resources include all income sources—wages, salaries, self-employment income, dividends, royalties, and retirement benefits—minus federal income taxes, Social Security taxes, health insurance premiums for the child, and union dues. Under Tex. Fam. Code § 154.062, courts may also deduct the cost of employer-provided health insurance for the obligor.

Connect with a Texas Family Law Attorney

Understanding how the new child support guidelines apply to your situation requires analysis of your specific income, existing orders, and family circumstances. Use our Texas child support calculator to estimate guideline amounts under the new cap, or find a divorce attorney in your Texas county who can evaluate whether modification makes sense for your case.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.

Key Questions

When does the new $11,700 child support cap take effect in Texas?

The new $11,700 monthly net resources cap took effect September 1, 2025. All new child support orders entered after this date must use the updated cap under Tex. Fam. Code § 154.125. Existing orders remain in effect at their current amounts until a party files for modification and the court enters a new order.

How much more child support will high-earning parents pay under the new guidelines?

Parents earning above the previous $9,200 cap will see guideline increases of up to $500 per month for one child (from $1,840 to $2,340) and up to $625 per month for two children (from $2,300 to $2,925). The exact increase depends on actual income—parents earning between $9,200 and $11,700 will see proportionally smaller increases.

Can I modify my child support order based solely on the new cap increase?

Yes, if your order is at least three years old and the new guidelines would change your support amount by 20% or $100 per month. Under Tex. Fam. Code § 156.401, the cap increase alone can constitute a material and substantial change in circumstances when combined with the three-year rule.

Does the new cap apply to parents earning below $9,200 per month?

No, the cap increase only affects parents with monthly net resources above $9,200. If you earn below the previous cap, your child support calculation remains unchanged—Texas courts still apply the same percentages (20% for one child, 25% for two, etc.) to your actual net resources.

What counts as net resources for Texas child support calculations?

Net resources include all income sources—wages, self-employment income, dividends, royalties, and retirement benefits—minus federal income taxes, Social Security taxes, health insurance premiums for the child, and union dues under Tex. Fam. Code § 154.062.

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering Texas divorce law