Learn more about the updates to the child support cap that occurred in late 2019
2019 Child Support Cap Law Updates and Changes
The child support cap increased on September 1, 2019 to $9,200.
What does that mean for child support calculation?
In 2013 the Texas Legislature added an automatic cost of living increase to the child support cap so that it does not have to be adjusted by the Legislature in the future, Texas Family Code §154.125(a-1). That cap increased in 2019 to $9,200 in Net Resources upon which child support is calculated.
The “Net Resources” of the person paying child support is the dollar figure upon which child support is calculated in Texas. Net Resources include income from all sources but is not synonymous with “net pay”, Texas Family Code §154.062. Net Resources does not include principal or capital, accounts receivable, TANF, or foster care payments, Texas Family Code § 154.062. Unless the child has special needs for reasonable and necessary living expenses, then a person whose monthly Net Resources are more than $9,200.00, will not pay greater child support than that calculated on $9,200 in Net Resources. For example, if a person’s Net Resources are $12,000 per month, the child support for one child would still be calculated $9,200 x .20 = $1,840.
Calculating child support to be paid by people whose Net Resources are $9,200 monthly or less is as follows:
Before State or Federal tax income from all sources
(Federal income taxes for 1)
(The cost to carry or reimburse the child's health insurance)
= Net Resources
Once the amount of Net Resources is determined, the amount of child support is largely based on the number of children the person paying child support has.
If the children of the person paying are all with the same 2 parents, then the child support is:
20% of Net Resources for 1 child;
25% of Net Resources for 2 children;
30% of Net Resources for 3 children;
35% of Net Resources for 4 children;
40% of Net Resources for 5 children.
If the person paying has children with more than one other parent, then the percentage of child support paid is slightly reduced depending on the total number of children for whom the person paying child support is actually supporting.
For example, if a person paying child support has 2 children with one person and another child with another person, then instead of paying 25% of Net Resources to the parent with the 2 children, the person paying pays 22.5% of Net Resources.
There is no statute identifying what pieces of evidence are necessary for the Court to order more child support than is calculated by this formula.
Likewise, there is no statute specifying what occurs if the child is staying equal amounts of time at each parent, nor what occurs if some children live with one parent and some children with another parent. However, in some cases the parents agree to calculate in both of these instances the amount of child support each parent would pay and net one amount against the other.
The Court has the power to alter this at all times. However, this is generally the math calculation for child support.
If you or someone you know has a child support calculation or child support collection problem, please give us a call so that we can better assist your needs.
To cap off a banner year for Attorney Wilson we are thrilled to announce that Carol has been selected for 2020 U.S. News Best Law Firm and Best Lawyers in Family Law Awards by Best Lawyers in America® by Woodward White, Inc. Carol has earned the respect and trust from her clients and is being recognized by her peers in the 2020 edition of The Best Lawyers.
Attorney Carol Wilson has skillfully litigated and tried complex divorce, property division, and child custody cases for more than 30 years. Carol provides expertise, focus and compassion in times of family turmoil. Carol is a graduate of SMU, JD. 1985, became Board Certified in Family Law by the Texas Board of Legal Specialization, 1992, and established her firm in the Turtle Creek area in 1995. Law Office of Carol A. Wilson, PLLC, principal office in Dallas, Texas.