Texas Child Support Cap 2026 - Calc Rules

Family law in the United States is state specific. The rules in this guide focus on Texas child support under the Texas Family Code.

What changed in Texas child support starting September 1, 2025?

Starting September 1, 2025, Texas increases the "net resources" cap used to calculate guideline child support from about $9,200 per month to about $11,700 per month. This change means higher maximum guideline child support for parents with higher incomes, while the percentage rates (20%, 25%, 30%, etc.) stay the same.

Under Texas Family Code Chapter 154, guideline support is a percentage of the paying parent's "net resources," but only up to a statutory cap. For years, that cap sat at roughly $9,200 per month. The 2025 legislative change updates the cap to better match current income levels and cost of living, directly affecting how much support higher earning parents may owe.

• Old cap (through August 31, 2025): about $9,200 in monthly net resources.
• New cap (effective September 1, 2025): about $11,700 in monthly net resources (exact published figure will be slightly over $11,700).
• Guideline percentages:
  • 1 child - 20%
  • 2 children - 25%
  • 3 children - 30%
  • 4 children - 35%
  • 5 children - 40%
  • 6+ children - not less than 40%
• Who is most affected: parents whose net income is at or above the old cap, and families where a modification is possible under Texas Family Code Chapter 156.

What is the Texas child support net resources cap for 2025 and 2026?

For cases decided on or after September 1, 2025, Texas will apply a net resources cap of about $11,700 per month when using the guideline percentages. For 2026 and beyond, the cap is expected to adjust periodically for cost of living, with the precise 2026 amount to be set and published by the Texas Office of the Attorney General (OAG).

How the cap works in practice

The cap is the maximum monthly "net resources" amount to which the standard guideline percentages apply. If a parent earns more than the cap, the guideline calculation stops at the cap unless the court decides to order more based on the child's proven needs.

• Net resources (Texas Family Code 154.062): roughly, gross income minus:
  • Social Security and Medicare tax
  • Federal income tax (at a standard rate)
  • State income tax (not an issue for Texas earnings)
  • Union dues
  • Health and dental insurance premiums for the child
• Cap application: The court multiplies the guideline percentage (20%, 25%, etc.) by the lesser of:
  • the parent's actual monthly net resources, or
  • the cap.

2025 vs expected 2026 cap

As of now, Texas has set the higher cap of about $11,700 per month for orders starting September 1, 2025. For 2026, the statute ties future caps to cost of living data, so the exact 2026 number will be modestly higher but is not final until the OAG publishes it.

• 2025 cap: about $11,700 per month in net resources.
• 2026 cap:
  • Will be calculated using a statutory cost-of-living formula tied to inflation.
  • Will be published by the Texas OAG Child Support Division before it takes effect.
  • Expect it to be in the same ballpark as $11,700 but adjusted upward if inflation continues.
• Where to confirm:
  • Texas Office of the Attorney General - Child Support Division website
  • Texas Family Code section 154.125 and related provisions
  • Local family law court rules or standing orders

How is Texas child support calculated under the new cap?

Texas will still calculate guideline child support by multiplying a percentage (20% to 40%) by the paying parent's monthly net resources, but now it will use the higher cap of about $11,700 when the parent's income reaches that level. The mechanics of the calculation do not change; only the ceiling on income considered for the formula does.

Step-by-step guideline calculation

1. Determine gross monthly income.
   • Wages, salary, overtime, tips, bonuses, commissions
   • Self-employment income (after allowed expenses)
   • Rental income, dividends, interest, royalties, etc.
2. Convert to net resources.
   • Subtract Social Security/Medicare tax, federal income tax at standard rates, and qualifying deductions allowed by Texas Family Code 154.062.
3. Compare net resources to the cap.
   • If net resources are less than the cap, use the actual net number.
   • If net resources equal or exceed the cap, use the cap (for example, $11,700 for late 2025 calculations).
4. Apply the guideline percentage based on the number of children.
   • 1 child: 20%
   • 2 children: 25%
   • 3 children: 30%
5. Adjust if needed.
   • Account for other children the obligor supports in a different household, if claimed.
   • Consider health insurance premiums and uninsured medical cost allocations.

Old cap vs new cap - guideline maximums

These numbers show the maximum guideline amounts for parents whose net resources are at or above the cap. Parents below the cap will see smaller increases or no change, depending on their actual income.

How much will child support go up for 1, 2, or 3 children under the new Texas cap?

For parents at or above the cap, maximum guideline support for 1 child will rise by about $500 per month, for 2 children by about $625 per month, and for 3 children by about $750 per month. Parents whose net income is below the old cap will see little or no increase unless their income has grown since the last order.

Examples using the new cap

These examples assume the obligor's net resources are at or above the cap and there are no downward adjustments for other children in another household.

Example for income between the old and new caps

Suppose a parent has net resources of $10,500 per month and 2 children before the court.

• Before 9/1/2025:
  • Cap was $9,200, so guideline support used $9,200 x 25% = $2,300.
• After 9/1/2025:
  • Net resources ($10,500) are below the new cap ($11,700), so the full $10,500 is used.
  • Guideline support: $10,500 x 25% = $2,625.
• Change: $2,625 - $2,300 = $325 increase.

What about 2026 amounts specifically?

For 2026, expect the same formula (20%/25%/30%) to apply, but to a cap that is slightly higher than $11,700 after cost-of-living adjustments. The exact 2026 dollar amount will determine the new guideline maximums, so parents near or above the cap should check the OAG's published figure for that year.

• If the 2026 cap rises, even slightly, the guideline maximums for 1, 2, and 3 children will climb in step.
• If inflation is modest, the increase from 2025 to 2026 will likely be much smaller than the big jump from the old $9,200 cap.

Does the higher cap apply retroactively to existing Texas child support orders?

No. The higher cap does not automatically change existing child support orders, and it does not apply retroactively. It applies only to new orders and modifications entered on or after the effective dates, and any increase normally starts from the date the other parent is served or the date specified in the new order.

New orders vs existing orders

• New cases filed and decided after 9/1/2025:
  • Court will use the new cap when calculating guideline support.
• Existing orders signed before 9/1/2025:
  • Stay at the old amounts until a party files for modification and a judge (or OAG administrative process) issues a new order.

Modification rules and retroactivity limits

Texas Family Code Chapter 156 controls modifications. The law sets both grounds for modification and limits on retroactivity.

• Common grounds for modification (Texas Family Code 156.401):
  • At least 3 years since the prior order, and the new guideline amount differs by either 20% or at least $100 per month, or
  • A "material and substantial change" in circumstances (income, health, living situation, child turning 18, etc.).
• Retroactivity:
  • Court usually cannot make a higher amount due for periods before the obligor was served with the modification request.
  • Back-dating typically reaches only to the filing or service date, and often the court sets the new amount starting in the month after the new order.

What this means for you

• The cap going up by itself does not change your payment - you must take action.
• If you pay support and your income has risen, the other parent may file for an increase using the new cap.
• If you receive support and the other parent is a high earner, you may be able to increase the order to match the higher guideline cap, provided you meet one of the modification tests.

How do you request a child support modification in Texas to reflect the new cap?

You can seek a modification either by filing directly in the court that issued your existing order or by requesting a review through the Texas Office of the Attorney General's Child Support Division. In both paths, you must show that legal grounds for modification exist; the cap increase alone is not automatically enough but often combines with income changes to meet the 20% or $100 test.

Option 1: File directly in court

1. Gather financial information.
   • Pay stubs, tax returns, proof of other children, health insurance costs for the child.
2. Prepare a petition to modify.
   • Use the existing case number and court (usually a district court or a designated family court in your county).
   • Allege the basis: 3-year/20% rule or material and substantial change.
3. File and pay filing fees.
   • Court filing fees in Texas often range from about $50 to $350, depending on county and whether there are other related requests.
4. Serve the other parent.
   • Use a process server, sheriff, or waiver of service if the other side cooperates.
5. Attend hearings or mediation.
   • The judge will review updated incomes, apply the new cap and guidelines, and decide whether to adjust support.

Option 2: Request review by the Texas OAG Child Support Division

1. Contact the OAG.
   • Request a "review and adjustment" of your case.
2. Submit financial documents.
   • Both parents will be asked for updated income and cost information.
3. OAG calculates new guideline amount.
   • Using the new cap and Texas Family Code guidelines, the OAG will propose a new amount if the legal standard for modification is met.
4. Sign agreed order or go to court.
   • If both parents agree, the OAG will submit an agreed order to the court.
   • If you disagree, the case may go before an associate judge or district judge for a hearing.

Cost and timeline comparison

What special rules apply to very high income parents under the new cap?

For very high income parents, the new cap raises the "default" maximum guideline support but does not remove the court's power to order more based on the child's proven needs. Courts in Texas can still look above the cap if there is evidence that the standard guideline amount is not enough.

Guidelines vs proven needs (Texas Family Code 154.126)

• Guideline amount at the cap:
  • Court first calculates support as if the parent's income is exactly at the cap, using the guideline percentage.
• Proven needs of the child:
  • If the child's needs (not the custodial parent's lifestyle) exceed that guideline amount, the court can order additional support.
  • Examples: private school with special justification, significant extracurricular or travel costs, special medical or therapeutic needs.
• Burden of proof:
  • The parent seeking more than guideline support must present concrete evidence (bills, receipts, budgets) showing that extra level of need.

Impact of the higher cap on high earners

• The higher cap already moves the "starting point" guideline amount up substantially for high earners.
• In practice, some courts may be less inclined to go above the guideline when that guideline is already significantly higher than before, unless the evidence of extra need is clear.
• High income parents should be prepared with detailed financial documentation, whether they are arguing for or against support above the new guideline level.

When should you hire a lawyer or expert for a Texas child support case involving the new cap?

You should strongly consider hiring a Texas family law attorney if your income is near or above the cap, your case is contested, or you expect arguments about support above guideline levels. An attorney is also valuable if you suspect the other parent is hiding income or misrepresenting their finances.

Situations where legal help is especially important

• High income or complex compensation:
  • Bonuses, stock options, RSUs, self-employment, or multiple businesses.
• Multi-state or international issues:
  • Parent works in another state or country, or has income from out-of-state sources.
• Disputes about "proven needs":
  • Disagreements over private school, expensive activities, or medical/therapy needs.
• Significant potential increase or decrease:
  • A high earner might face a jump of $500-$750+ per month at the cap, so professional advice can matter a lot.
• Allegations of nonpayment or enforcement actions:
  • Contempt, license suspensions, or wage garnishment disputes.

Other professionals who can help

• CPA or forensic accountant: For complex income, business ownership, or tracing hidden income.
• Financial planner: To plan for cash flow changes when support increases or decreases under the new cap.
• Parenting coordinator or mediator: If broader co-parenting conflicts make money issues harder to resolve.

What are the next steps if the Texas child support cap increase affects you?

If you are a parent in Texas and your income or the other parent's income is near or above the old cap, you should review your current child support order and run updated numbers under the new cap. Then decide whether to pursue a modification through court or the OAG, based on potential change and the level of conflict.

1. Confirm your current numbers.
   • Identify the date of your last child support order and the current monthly amount.
   • Estimate each parent's current net resources and compare them to the new cap.
2. Run a guideline comparison.
   • Calculate what guideline support would have been using the old $9,200 cap.
   • Calculate what it would be using the new approximately $11,700 cap and your current income.
   • Check if the difference is at least 20% or $100 per month to satisfy the standard modification test.
3. Decide on your path (OAG vs private case).
   • For straightforward, uncontested changes where cost is a major concern, consider an OAG review.
   • For high incomes, complex finances, or likely disputes, consult a private attorney and consider filing a court modification.
4. Gather documentation.
   • Recent pay stubs (usually at least 3 months), last 2 years of tax returns, proof of health insurance premiums for the child, and any evidence of special needs or expenses.
5. Take timely action.
   • Remember that increases generally are not retroactive before the date of service or filing, so waiting may cost you months of higher support if you are the receiving parent.
   • If you are the paying parent and expect an increase, proactive planning can soften the impact and allow for negotiation rather than surprise.
6. Monitor 2026 and future cap adjustments.
   • Bookmark the Texas OAG Child Support Division page to check updated cap amounts for 2026 and beyond.
   • Revisit your order when your income or the statutory cap changes enough to trigger a modification opportunity.