Understanding Texas Child Support Caps and Above-Guideline Payments
When parents separate or divorce in Texas, determining fair and consistent child support is one of the most important—and often confusing—parts of the process. The state has established specific guidelines to ensure that children receive adequate financial support based on the income of the non-custodial parent.
However, many families—especially those in West Houston’s higher-income communities such as Memorial, Katy, and Fulshear—often wonder:
👉 Does Texas have a cap on child support? And under what circumstances could I be ordered to pay more than the guideline amount?
This post breaks down how child support is calculated, what the 2025 Texas child support cap means, and the situations that may justify payments above the standard guideline.
How Child Support Is Calculated in Texas
Texas uses a percentage-based formula under the Texas Family Code §154.125, which determines support payments according to the non-custodial parent’s “net resources” and the number of children supported.
Here’s how the standard guideline applies:
| Number of Children | Percentage of Net Resources |
|---|---|
| One child | 20% |
| Two children | 25% |
| Three children | 30% |
| Four children | 35% |
| Five children | 40% |
| Six or more | Not less than 40% |
What Counts as “Net Resources”?
Net resources include salary, commissions, overtime, self-employment income, bonuses, rental income, dividends, and certain benefits—minus deductions like taxes, union dues, and health insurance for the child.
The Current Texas Child Support Cap for 2025
As of September 1, 2025, the child support cap in Texas is $11,700 per month in net resources. This means the guideline percentages above apply only up to that amount, regardless of a parent’s actual income.
For example:
A parent earning $250,000 annually will have their child support calculated as if their monthly income were capped at $11,700.
For one child, 20% of $11,700 = $2,340 per month in guideline support.
So, even if the paying parent earns far more, the standard child support amount will not automatically increase unless the receiving parent successfully requests above-guideline support.
When Can a Court Order Above-Guideline Child Support?
Texas law allows judges to order higher payments when doing so serves the best interests of the child. Courts may deviate from the guidelines based on factors listed in Texas Family Code §154.123, such as:
1. High-Income Parents
If the paying parent’s income significantly exceeds the cap, the court may determine that the guideline amount does not meet the child’s accustomed standard of living.
2. Children with Special Needs or Medical Conditions
Above-guideline support may be justified if a child has extraordinary medical, psychological, or therapeutic expenses.
3. Private School or Educational Costs
Courts can order additional support to cover tuition, tutoring, or educational programs that align with the family’s prior standard of living.
4. High Travel or Visitation Expenses
If parents live far apart—such as one parent living outside Texas—the court may order added support to offset travel costs for visitation.
5. Extracurricular Activities and Lifestyle Maintenance
Courts may consider the cost of maintaining the child’s participation in sports, arts, or enrichment programs that were part of their pre-divorce life.
6. Intentional Underemployment or Hidden Income
If the court determines a parent is deliberately earning less to avoid higher payments, it may calculate support based on earning potential rather than actual income.
Real-World Example
Consider a Houston business executive earning $400,000 annually. Under standard guidelines, her child support obligation would be capped at $11,700 in net monthly income—roughly $2,340 for one child.
However, if her child has medical needs requiring weekly therapy sessions or attends private school, the court may find the guideline insufficient. In this case, it could order above-guideline child support to cover these additional expenses.
Frequently Asked Questions About Texas Child Support Caps
Does Texas Adjust the Cap Amount?
Yes. The cap is reviewed every six years and adjusted for inflation by the Office of the Texas Attorney General.
Can the Court Lower Child Support Below the Guidelines?
In rare cases, yes—if the paying parent has financial hardship or is supporting other dependents. The reduction must still meet the child’s needs.
What Happens If My Income Changes?
Either parent can file a modification if income substantially changes or if three years have passed since the last order and payments differ by 20% or $100.
How Does Remarriage Affect Child Support?
Remarriage itself does not change child support, but new household income and dependents may influence future modifications.
Checklist: Preparing for a Child Support Review
To help Houston parents prepare for discussions or modifications, Kristin Kline offers this Child Support Review Checklist:
Documents to Gather:
Recent pay stubs or income statements
Tax returns and W-2 forms (last 2 years)
Proof of childcare, insurance, and educational expenses
Medical and extracurricular cost documentation
Court orders or modification requests
Questions to Discuss with Your Attorney:
Does my income exceed the state cap?
Would my child’s needs justify above-guideline support?
Have my circumstances changed enough to modify support?
👉 [Download the Child Support Review Checklist (PDF)]
Why Work with Kristin Kline
Determining child support—especially in high-income households—requires careful legal and financial consideration. Attorney Kristin Kline offers one-on-one representation, helping Houston parents navigate complex family law issues with honesty, transparency, and compassion.
Kristin’s approach ensures every client receives individualized attention and clear explanations of their options. She understands that each case is unique and takes time to advocate for fair, sustainable child support arrangements.
Call to Action
If you have questions about Texas child support guidelines, caps, or modification options, don’t face them alone.
📞 Contact Kristin Kline today to schedule a consultation and get trusted guidance tailored to your family’s situation.