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Above the Cap: How Texas Child Support Works for High Earners

The income cap for child support in Texas is $11,700 a month in net resources, effective September 1, 2025. Texas applies its guideline percentages only to that first $11,700. For one child, that’s 20 percent, so guideline child support tops out at $2,340 a month no matter how much more the paying parent earns.

That number isn’t the end of the story for high earners, though. A court can order more than the guideline amount when a child’s proven needs are higher, and it can also order less in the right case. If you earn well above the cap, or you’re raising a child with someone who does, here’s how Texas child support actually works above that line.

The Texas child support net resources cap in 2026

The Texas child support net resources cap is $11,700 a month, effective September 1, 2025. Under Texas Family Code Section 154.125, the guidelines are designed for parents whose monthly net resources don’t exceed a maximum the Office of the Attorney General publishes and adjusts for inflation every six years. The Attorney General’s 2026 child support tax charts confirm the $11,700 figure. The previous cap, in place since September 2019, was $9,200.

The percentages themselves didn’t change. Here’s the most guideline support a court will presume for children in one household when the paying parent’s net resources reach the cap:

Number of children Guideline percentage Maximum guideline support per month
1 20% $2,340
2 25% $2,925
3 30% $3,510
4 35% $4,095
5 40% $4,680
6 or more At least 40% At least $4,680

Those figures are the presumptive amount, not a hard ceiling. They’re what a court starts from before it looks at the specific child and the specific family.

How net resources are calculated for high earners

The cap is measured in net resources, not salary. That distinction matters a lot for high earners. Section 154.062 counts 100 percent of wages and salary, plus commissions, overtime, tips and bonuses. It also counts interest, dividends, royalties, self-employment income, net rental income, trust income, capital gains and most other income actually being received.

From that total, the court subtracts Social Security and Medicare taxes and federal income tax, figured as if you were a single filer taking the standard deduction. It also subtracts union dues and the cost of health and dental coverage for the child. Texas has no state income tax, so there’s nothing to subtract on that line.

So where does the cap kick in? According to the Attorney General’s 2026 tax chart, an employed parent reaches $11,700 in net resources at about $15,714 a month in gross wages, or roughly $188,600 a year. For a self-employed parent, the chart puts that point at about $16,891 a month. Those charts are a starting point, and real deductions like health insurance premiums will move the line.

Equity compensation, deferred bonuses and business income are where disputes often start, especially in Austin households where stock awards make up a big share of pay. The court can also look past a paycheck that seems low. Under Section 154.066, if a parent is intentionally unemployed or underemployed, the court may base support on earning potential instead of actual income.

What happens to income above the cap

Section 154.126(a) gives the answer. The court presumptively applies the guideline percentage to the first $11,700 of net resources. For income above that, the court may order additional support “as appropriate, depending on the income of the parties and the proven needs of the child.” The extra amount isn’t a percentage of your income. It’s tied to what the child actually needs.

Section 154.126(b) spells out the math. The court subtracts the full guideline award from the child’s proven total needs. Whatever need remains is split between the parents according to their circumstances. And the paying parent can’t be ordered to pay more than the greater of the guideline amount or 100 percent of the child’s proven needs.

Here’s a simple example. Say a parent with two children has $30,000 a month in net resources. The guideline amount is 25 percent of $11,700, or $2,925. If the court finds the children’s proven needs are $6,000 a month, it subtracts $2,925, leaving $3,075 in additional needs. The court then decides how much of that $3,075 each parent should cover. In no event could the paying parent be ordered to pay more than $6,000 a month in that scenario.

The flip side matters too. A high income alone doesn’t raise child support. If the evidence doesn’t show needs beyond the guideline amount, the guideline amount is usually where support lands.

What a child support calculator can and can’t tell you

The Attorney General’s monthly child support calculator applies the Texas child support guidelines to the numbers you enter. It’s a good way to see how support is calculated up to the child support cap. Above the cap, no calculator can predict the result, because the extra amount depends on evidence about the child rather than a formula.

A calculator also can’t account for everything a judge weighs under Texas law. Net monthly figures shift with the cost of the child’s health insurance. Children in more than one household use a different schedule under Section 154.129. The possession schedule matters too. Equal or expanded time with both parents doesn’t automatically cancel guideline support. But the time each parent has the child is one of the factors a court may consider, which is one reason child custody and support terms are often negotiated together.

So treat a calculator result as the floor of the conversation per month, not the final number. In family law cases with income above the cap, the guideline figure is where the analysis starts.

Proving a child’s needs above guideline support

A mother and her teenage son load an instrument case into their car outside a Hill Country home, the kind of activity costs that count as a child's proven needs

“Proven needs” means just that. The parent asking for more support has to show the court what the child’s life actually costs, with documents. Courts generally look at the child’s age, health, education and activities, and at what the family has actually been spending on the child. A general claim that the other parent can afford more won’t carry the day.

When we work with a parent on either side of an above-cap case, we ask for the same kinds of records:

  • Private school tuition, tutoring and summer program costs
  • Medical, therapy and uninsured health expenses, especially for a child with special needs
  • Activity costs such as lessons, instruments, travel teams and camps
  • Child care that lets a parent keep working
  • A realistic monthly budget for the child’s share of housing, food and transportation

Section 154.123 lists other factors a court may weigh when deciding whether the guidelines fit, including the time each parent has the child, employer-provided benefits, travel costs for visitation, and cash flow from property and investments. If the court orders an amount that differs from the guidelines, or a party asks in time, Section 154.130 requires written findings that state the paying parent’s net resources, the percentage applied, and the reasons for any variance. Those findings become the roadmap for any later appeal or modification.

Can older child support orders be raised to the new cap

Sometimes. A child support order doesn’t update itself when the cap rises. If your order was set when the cap was $9,200, the paying parent may still be paying a guideline amount based on that older number. For one child, that’s $1,840 a month, compared with $2,340 under today’s cap.

Under Family Code Section 156.401, a court can modify support if circumstances have materially and substantially changed. It can also modify support if three years have passed since the order was rendered or last modified. In that case, the current order has to differ from guideline support by 20 percent or $100. In the one-child example, the $500 difference clears both tests.

There’s an important exception. If the parents agreed to an amount that differs from the guidelines, Section 156.401(a-1) allows a modification only after a material and substantial change. Our page on modifying custody and support orders explains how that process works.

Planning around the cap in a divorce or custody case

For high-earning families, child support is rarely a standalone question. It’s tied to how bonuses, stock awards and business income are treated in the property division, and to the possession schedule each parent will have. Our post on tracing tech equity in an Austin high net worth divorce covers the property side of that same paycheck.

Parents can also agree to support above the guidelines. Section 154.124 lets them sign a written agreement, and the court will approve it if it’s in the child’s best interest. An agreement can bring certainty, but remember the trade-off: agreed deviations are harder to modify later.

If you’re working through these numbers now, our Austin child support lawyers can help you document net resources, build or test a needs budget, and see where a court is likely to start.

This article is general information, not legal advice for your situation. If you’d like to talk through what the $11,700 cap means for your family, you can schedule a child support consultation with our team in Austin, Buda, Bastrop, New Braunfels or Victoria. Call (512) 400-2350 to get started.

Frequently asked questions

What is the new child support cap in Texas for 2026?
The cap is $11,700 in monthly net resources, effective September 1, 2025, up from $9,200. Guideline support is figured on that first $11,700. With one child at 20 percent, the most guideline support a court will presume is $2,340 a month, though it can order more based on the child’s proven needs.

If I make $100,000 a year, how much child support will I pay in Texas?
Under the Attorney General’s 2026 tax chart, $100,000 in W-2 wages works out to roughly $6,600 a month in net resources before deductions like the child’s health insurance. At 20 percent for one child, guideline support would be about $1,320 a month. That income is below the cap, so the percentage applies to all of it.

Do bonuses and stock count as net resources for child support?
Bonuses and commissions count under Family Code Section 154.062, along with dividends, capital gains, trust income and net rental income. How a particular stock award or deferred bonus is counted can depend on when it vests and when it’s actually received, so those items are worth documenting carefully.

Can parents agree to more child support than the guidelines?
Yes. Section 154.124 allows a written agreement that varies from the guidelines, and the court will approve it if it’s in the child’s best interest. Keep in mind that an agreed amount that differs from the guidelines can generally be modified later only after a material and substantial change.

Will the Texas child support cap change again?
Probably. Section 154.125(a-1) adjusts the cap every six years based on changes in the consumer price index, and the Attorney General publishes the new figure before September 1 of the adjustment year. The $11,700 amount took effect in 2025, so the next scheduled review would come in 2031.