Does Texas Have a Cap on Child Support?
If you’re in the process of a child custody settlement case, this question has certainly crossed your mind: “Does Texas have a cap on child support?” Though the answer is yes, there are a few exceptions to the rule. Texas’ income cap for child support payments ensures that the paying parents’ child support amount will not be excessive — there are however cases where this cap is not as fair as it is intended to be.
It is important to understand how child support is determined in Texas before negotiating child support payments, as Texas calculates child support differently from every other state in the country. Your experience will vary, as some parents believe that Texas child support laws don’t adequately address their children’s needs, and others that the ever-increasing cap set on payments is unfair.
The child support lawyers at Grimes & Fertitta are here to explain the ins and outs of the child support cap in Texas, and why a good attorney might be the key to striking the right deal.
Calculating child support in Texas
Calculating child support in Texas boils down to two factors: custody and financial resources. Which parent has custody, how many children are being taken care of, and how much does each parent earn?
Typically, the non-custodial parent will pay child support to the custodial parent. The amount is determined by the court taking a percentage of the non-custodial parent’s net monthly resources, based on how many children child support is being calculated for, and then applying a number of not-so-simple factors to it. The more children involved, the more money they will have to pay. It sounds simple, but unfortunately, it isn’t.
If you need more of a breakdown of how child support is calculated, visit our article: Is child support based on income or net worth?
Child support, especially the topic of placing caps on net monthly resources in Texas, can be a confusing topic for many parents. If you are about to engage in a custody/child support battle with your ex-spouse or partner and have thought, do I need a lawyer for child support? The answer is yes. You should never go into a child support negotiation without legal representation. Hiring a trustworthy child custody lawyer from Grimes & Fertitta can help you to understand the rules surrounding child support caps and how to ensure that your child’s needs are taken care of.
Is there a cap on Texas child support?
Yes, and the cap amount is updated periodically. Every six years, the state of Texas updates the maximum amount that can be considered as net monthly resources of the non-custodial parent to account for inflation. In 2019, the child support cap was raised from $8,550 to $9,200.
This can raise issues for parents who make less than this amount monthly, especially if your ex-partner’s net monthly resources exceed this number. Luckily, the Texas Family Code exists to help families in their time of need.
The Texas Family Code
The Texas Family Code has guidelines that implement a “soft cap,” under which the courts will rarely order child support payments that exceed 20% of the custodial parent’s net income plus 5% for each additional child. The code allows for support to be determined on a case-by-case basis according to each family’s particular needs. This is where having an experienced family law attorney by your side becomes crucial. If you do not have the means to meet the set cap amount, your attorney can help you to negotiate a fair amount that can ensure your child’s needs are met.
So, yes, Texas does have a cap on child support payments — but exceptions can be made. If you need assistance determining how much you or your ex-spouse should pay in child support, contact our child support lawyers in Houston at Grimes & Fertitta for help.
Confused by Texas’s child support cap laws? Grimes & Fertitta is here to help you navigate your child support case.
Does Texas have a cap on child support? Yes. Is it always fair? Not in every case. Child support as a whole is a very tricky subject. Family law cases can be highly emotional, frustrating, and confusing — but with the right family law attorney in Houston by your side, you can come to a child support agreement that is favorable for both you and your children.
The compassionate attorneys at Grimes & Fertitta can assist in negotiating a fair child support agreement that will put your child’s best interest first. Call Grimes & Fertitta at (713) 224-7644 or contact us online to schedule a consultation today.
More Helpful Articles by Grimes & Fertitta: